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 as amended, imposes a tax on electronic smoking products (including e-liquid) at the rate of 75% of the wholesale price, increases the legal age to purchase and possess tobacco and vapor products to 21 years of age, prohibits the sale of flavored electronic smoking products, and prohibits the distribution of electronic smoking products that are not clearly recognizable as a tobacco product, passed the Senate Labor and Commerce Committee as substituted on March 19, 2021. SB45 was referred to the Senate Finance Committee on March 24, 2021.
Florida: Senate Bill 1080, which increases the legal age to purchase and possess tobacco products and vapor products to 21 years of age and requires nicotine product retailers to be license, passed the Senate Health Policy Committee as substituted on March 24, 2021. House Bill 987, which increases the legal age to purchase and possess tobacco products and vapor products to 21 years of age, passed the House Regulatory Reform Subcommittee as substituted on March 24, 2021.
Hawaii: House Bill 476, which, as amended, effective July 1, 2060, creates a new tax on e-liquids at the same rate as OTP (70% of the wholesale price), reduces taxes on any product the FDA has determined to be “modified risk” by 50%, and requires sellers of e-liquids to obtain a state permit, passed Senate Health and Consumer Protection and Commerce on March 19 with an amendment. House Bill 598, as amended, effective July 1, 2050, creates a new tax on e-liquids at the same rate as OTP (70% of the wholesale price), increases the retail tobacco permit fee from $20 to $300 annually and prohibits retail shipment of untaxed tobacco products, passed Senate Health and Consumer Protection and Commerce on March 19 with an amendment. Senate Bill 1147, which would have banned the sale of flavored tobacco products (except menthol), included vapor products in the definition of "tobacco products" for purposes imposing the 70% of wholesale price tax imposed on OTP, increased the annual retail tobacco permit fee by an unspecified amount, and prohibited retail shipment of untaxed tobacco products, died by rule March 18, 2021.
Illinois: House Bill 2579, which prohibits electronic cigarettes from having more than 25 milligrams per milliliter of nicotine and also prohibits any retailer servicing anyone under 21 years of age from selling a flavored solution intended for use with an electronic cigarette, was considered in the House Human Services Committee on March 23, 2021. House Bill 570, which caps the tax on cigars and other rolled tobacco products at $.50 per cigar or roll, was considered in the House Revenue and Finance Committee on March 25, 2021. Senate Bill 1724, which bans single-use cigarette filters and states that beginning 2 years after the effective date, a cigarette may not utilize a single-use filter containing cellulose acetate, another plastic material, or any non-biodegradable material, was referred to the Senate Executive-Tobacco Subcommittee on March 24, 2021. Senate Bill 699 prohibits the sale of flavored tobacco products (exempts menthol, mint, and wintergreen) and specifies that the Act does not preempt or otherwise prohibit the adoption of a local standard that imposes greater restrictions on the access to tobacco products, related tobacco products, alternative nicotine products, or solutions or substances intended for use with electronic cigarettes than the restrictions imposed by this Act, was referred to the Senate Executive-Tobacco Subcommittee on March 24, 2021. House Bill 778, which prohibits anyone under 21 years of age from possessing tobacco products and vapor products, was assigned to the Subcommittee on Sentencing, Penalties, and Criminal Procedures of the House Judiciary-Criminal Committee on March 21, 2021.
Maryland: Senate Bill 883, which requires a person located outside the state to have a remote tobacco seller license in order to sell premium cigars or pipe tobacco to consumers in the state, passed the Senate on March 18, 2021. The bill is scheduled for a hearing in the House Ways and Means Committee on March 30, 2021.
Michigan: House Bill 4485, which repeals the provision that is scheduled to remove the 50 cents per cigar excise tax cap on October 31, 2021, was considered in the House Tax Policy Committee on March 24, 2021.
Mississippi: Senate Bill 2971, which as amended, increases the tax on cigarettes by $.50 per pack, increases the OTP tax an additional 10% of the manufacturer’s list price and includes electronic cigarettes and alternative nicotine products in the definition of tobacco to impose the increased OTP of 25% of the manufacturer’s list price on vapor products, is currently in conference after the Senate declined to concur with House amendments on March 19, 2021. The previous version of the bill, which passed the Senate, did not include the tax increases on tobacco and vapor products.
New Mexico: The following bills failed due to the adjournment of the legislature on March 20, 2021: House Bill 167 and Senate Bill 197, which would have increased the tax on cigarettes by $2.00 per pack, increased the OTP tax to 83% of the product value, increased the tax on e-liquid to 83% of the product value, and increased the tax on closed system cartridges to $3.32 per cartridge. House Bill 205, which prohibited the sale of all flavored tobacco products. House Bill 97 and Senate Bill 95, which granted counties and municipalities the authority to adopt ordinances and regulations pertaining to the sale of tobacco products that are stricter than state law.
North Dakota: Senate Bill 2156, which prohibits an individual under twenty-one years of age from purchasing, possessing, or using tobacco products or electronic smoking devices passed the committee on Political Subdivisions on March 19th and then passed the House on March 23rd. SB2156 is now eligible for the Governor’s signature.
Oklahoma: House Bill 2511, which provides that beginning July 1, 2022, every manufacturer of a vapor product that is sold or intended to be sold in this state, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, shall execute and deliver an attestation under penalty of perjury to the Oklahoma Alcoholic Beverage Laws Enforcement (ABLE) Commission certifying that, as of the date of such attestation: 1. The vapor product was available for purchase in the United States as of August 8, 2016, and the manufacturer has applied for a marketing order for the vapor product by submitting a Premarket Tobacco Product Application on or before September 9, 2020, to the United States Food and Drug Administration (FDA); or 2. The manufacturer has received a marketing order or other authorization for the vapor product from the FDA pursuant to Section 387j of Title 21 of the United States Code. B. The manufacturer shall notify the ABLE Commission within thirty (30) days of any material change to the attestation, including whether the FDA has issued or not issued a market order or other authorization or has ordered the manufacturer to remove the vapor product, either temporarily or permanently, from the United States market, was referred to the Senate Health and Human Services Committee on March 17, 2021.
Oregon: Senate Bill 587, which requires tobacco and vapor retailers to obtain a license from the Department of Revenue, passed Senate Health Care Committee on March 17, 2021.
Rhode Island: House Bill 5633, which authorizes towns and cities to regulate the use and sale of cigarettes, other tobacco products and electronic nicotine delivery systems, will be heard in the House Municipal Government and Housing Committee on March 25, 2021.
Tennessee: Senate Bill 143, which exempts smokeless nicotine products from the tax on tobacco products and cigarettes, was signed by the Senate Speaker and the House Speaker on March 23, 2021.
Texas: House Bill 3842, which prohibits the sale of all flavored tobacco products, was referred to the House Public Health Committee on March 24, 2021. Senate Bill 248, which requires anyone selling electronic cigarettes to consumer to obtain a license from the Comptroller and adds electronic cigarettes to the current advertising restrictions for cigarettes and tobacco products within 1,000 feet of a school for church, will be considered in the Senate Finance Committee on March 29, 2021.
Utah: Senate Bill 189, which 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 retail tobacco specialty businesses from employing persons under 21 to sell tobacco products, and increases administrative penalties for sales to underage persons, was signed by the Governor on March 17, 2021.
Washington: Senate Bill 5129, which would have removed civil liability for minors who purchase, use or possess tobacco products, died in the Senate Rules Committee on March 17, 2021.
Wyoming: House Bill 55, which increases the excise tax on cigarettes by $.24 per pack (from $.60 per pack to $.84 per pack) and also increases the tax on moist snuff by $.12 (from $.60 to $.72) for any amount of moist snuff up to 1 ounce plus a proportionate rate at the like rate on any amount less than one ounce.