State tobacco-related legislative bills that have been acted on by a state legislative committee or state legislature are listed below alphabetically by state:
Alaska: Senate Bill 45, which imposes a tax on electronic smoking products (including e-liquid) at the rate of 75% of the wholesale price and increases the legal age to purchase and possess tobacco and vapor products to 21 years of age, was considered in the Senate Labor and Commerce Committee on March 1, 2021.
Arizona: House Bill 2415, which, as amended, applies marijuana public smoking prohibitions to electronic nicotine smoking devices, passed House on March 3, 2021.
Arkansas: Senate Bill 338, which allows a person purchasing an existing permitted tobacco retail location to, with the permission of the seller, operate under the selling owner’s permit for no more than thirty days from the date of the sale, passed the Senate and moved to the House on March 2, 2021.
Connecticut: House Bill 6450 (Governor’s budget bill on public health), which prohibits the sale of flavored ENDS and vapor products (includes menthol), was heard in the Joint Public Health Committee om March 3, 2021.
Hawaii: House Bill 476, which, as amended, effective July 1, 2060, taxes e-liquid cartridges at the rate of $0.25 each and e-liquids for open systems at the rate of 15% of the wholesale price, imposes a 50% tax of the wholesale price on any product the FDA has determined to be “modified risk” (in lieu of any other tax on e-liquids), and requires sellers of e-liquids to obtain a state permit, passed House Finance Committee with an amendment on February 25, 2021. House Bill 598, as amended, effective July 1, 2050, increases the retail tobacco permit fee from $20 to $300 annually and prohibits retail shipment of untaxed tobacco products, passed House Finance Committee on February 25, 2021. Senate Bill 1147, which, as amended, effective January 1, 2050, bans the sale of flavored tobacco products, includes vapor products in the definition of "tobacco products" for purposes imposing the 70% of wholesale price tax imposed on OTP, increases the annual retail tobacco permit fee by an unspecified amount, and prohibits retail shipment of untaxed tobacco products, passed Senate Ways and Means and Judiciary Committees on March 3, 2021.
Idaho: Senate Bill 1087, which increases the legal age to purchase and possess cigarettes to 21 years of age, prohibits local units of government from adopting or enforcing requirements for the regulation, marketing, or sale of tobacco products or electronic smoking devices that are more restrictive than or in addition to this chapter, and prohibits local units of government from imposing or enforcing a tax or fee on tobacco products or electronic smoking devices, passed the Senate and moved to the House on March 2, 2021.
Illinois: House Bill 570, which caps the tax on cigars and other rolled tobacco products at $.50 per cigar or roll, will be considered in the House Revenue and Finance Committee on March 11, 2021. House Bill 778, which prohibits anyone under 21 years of age from possessing tobacco products and vapor products, was referred to the House Judiciary-Criminal Committee on March 2, 2021.
Indiana: House Bill 1001 (budget bill), which increases the cigarette tax to $1.50 (an increase of $0.505) per 20 pack and taxes e-liquid and electronic cigarettes at 10% of the gross retail income received by the retail dealer, was referred to the Senate Appropriations Committee on February 24, 2021
Kansas: House Bill 2340, which increases the minimum age to purchase and possess cigarettes and tobacco products to 21 years of age, passed the House Federal and State Affairs Committee on February 22, 2021.
Mississippi: Senate Bill 2182, which defines the terms “electronic smoking device” and “tobacco product” for the purpose of taxing electronic smoking devices at the rate of 15% of the manufacturer’s list price, died in committee on February 24, 2021.
Montana: House Bill 137, which limits local governing units and the Department of Public Health and Human Services from establishing requirements on alternative nicotine products or vapor products and amends the Youth Access to Tobacco Products Act to clarify that alternative nicotine products or vapor products are separate and distinct from tobacco products, will be considered in the Senate Business, Labor, and Economic Affairs Committee on March 16, 2021.
Nebraska: The following bills were considered in the Legislative Revenue Committee on March 3, 2021: Legislative Bill 459, which increases the tax on cigarettes by $1.50 per pack and also imposes the OTP tax rate of 20% of the wholesale price on vapor products. Legislative Bill 655, which provides that the tax on cigars, cheroots, and stogies shall be twenty percent of (i) the purchase price of the cigars, cheroots, or stogies paid by the first owner or (ii) the price at which a first owner who made, manufactured, or fabricated the cigars, cheroots, or stogies sells the items to others, except that the maximum tax imposed under this subdivision (b) shall be fifty cents for each cigar, cheroot, or stogie.
New Mexico: House Bill 205, which prohibits the sale of all flavored tobacco products, was tabled in the House Commerce and Economic Development Committee on March 3, 2021.
New York: Senate Bill 778, which provides for restrictions on advertisement and promotion of electronic cigarettes, including within 500 feet of school grounds as defined, reported from the Senate Consumer Protection Committee on March 2, 2021.
North Dakota: Senate Bill 2189, which as amended, requires vapor product retailers and distributors to obtain a license and other requirements, was heard in the House Finance and Taxation Committee on March 3rd. No action was taken. The original version of the bill contained an excise tax on vapor products, but that provision has been removed.
Texas: Senate Bill 216, which imposes a new tax on vapor products at a rate to be determined by the Comptroller, was referred to the Senate Finance Committee on March 3, 2021. Senate Bill 248, which requires anyone selling electronic cigarette to obtain a permit, was referred to the Senate Finance Committee on March 3, 2021. House Bill 1255, which imposes a new tax on vapor products at a rate to be determined by the Comptroller, was referred to the House Ways and Means Committee on March 4, 2021.
Utah: Senate Bill 189, which, as amended, clarifies that the proximity restriction on retail tobacco specialty businesses does not apply to such a business as it existed December 31, 2018, allows such businesses to relocate in spite of the proximity restriction under certain circumstances, extends sales, purchase, use and possession restrictions to alternative nicotine products, prohibits tobacco retailers from employing persons under 21 to sell tobacco products, and increases administrative penalties for sales to underage persons, passed Senate on March 2, 2021.
Vermont: Senate Bill 24, which prohibits the sale of flavored cigarettes, e-cigarettes and e-liquids (including menthol), will be heard in the Senate Health and Welfare Committee on March 10 and March 12, 2021.
Virginia: The General Assembly adjourned sine die on March 1, 2021.