State tobacco-related legislative bills that have been acted on by a state legislative committee or state legislature are listed below alphabetically by state:
Alabama: House Bill 273, which raises the minimum age for legal possession, transportation, and purchase of tobacco products, electronic nicotine delivery systems, and alternative nicotine products from 19 to 21; prohibits the advertisement or promotion of tobacco products, electronic nicotine delivery systems, or alternative nicotine products in certain circumstances; prohibits manufacturers or retailers of tobacco products, electronic nicotine delivery systems, or alternative nicotine products from marketing, advertising, or offering for sale tobacco, tobacco products, electronic nicotine delivery systems, or alternative nicotine products by: using branding or imagery that depicts, signifies, or denotes flavoring resembling or replicating the taste of candies, cakes, or other sugary treats, as well as other food and drink products that are primarily marketed to children; or using branding or imagery that depicts, signifies, or denotes characters, symbols, or scenery from comic books, movies, video games, television shows that are known to be marketed primarily toward children, or that otherwise incorporate mythical concepts or creatures known to be used primarily in products that are marketed toward children; requires manufacturers of e-liquids and alternative nicotine products to make certain representations to the Commissioner of the Department of Revenue regarding those products; and requires the Commissioner of the Department of Revenue to maintain a directory listing manufacturers of e-liquids and alternative nicotine products, passed the House and moved to the Senate on March 30, 2021.
Alaska: House Bill 110, 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, will be considered the House Labor and Commerce Committee on April 5, 2021 and April 9, 2021.
Arizona: House Bill 2628, which raises the minimum legal sales, purchase, use and possession age to 21, requires tobacco product retailers to obtain a license from the Department of Liquor Licenses and Control, preempts most local regulation of sales and marketing of tobacco products, and provides for penalties for sales to underage persons, passed Senate Rules on March 29, 2021. The following bills died by rule on March 26, 2021: House Bill 2118, which would have increased the minimum legal sales age, and minimum purchase, use and possession age of tobacco products, including electronic cigarettes, to 21 and provided for civil penalties for enterprises selling to underage persons; House Bill 2415, which would have applied marijuana public smoking prohibitions to electronic nicotine smoking devices; House Bill 2556, which would have raised the minimum legal sales age and minimum purchase, use and possession age of tobacco products, including electronic cigarettes, to 21 and required retailers to separately account for sales of tobacco products and vapor products on their transaction privilege tax returns; and Senate Bill 1103 which would have raised the minimum legal sales, purchase, use and possession age to 21, required tobacco product retailers to obtain a license from the Department of Liquor Licenses and Control, and provided for penalties for sales to underage persons.
California: Senate Bill 491, which adds violations of restrictions on nitrous oxide to the list of reasons to deny, revoke, or suspend a tobacco retailer license, passed Senate Government and Finance Committee on March 25, 2021.
Connecticut: Senate Bill 985, which was substituted to generally ban the sale of flavored ENDS and vapor products (exempts age 21 establishments), reported from the Joint Committee on Children on March 15, 2021. Senate Bill 115, which prohibits any health care facility or pharmacy from selling cigarettes, tobacco products, ENDS and vapor products, reported favorably from the Joint Public Health Committee on March 26, 2021. House Bill 6110, which concerns the online sale and delivery of ENDS and which was amended to limit the sales and shipment to consumers in the state to two vapor products and 30 cartridges in a 30-day period, reported as “ought to pass” from the Joint Committee on Children on March 29, 2021. House Bill 6450 (Governor’s budget bill on public health), which prohibits the sale of flavored ENDS and vapor products (includes menthol), reported out of the Legislative Commissioner’s Office on April 1, 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, was referred to the Senate Rules Committee on March 30, 2021. House Bill 987, which increases the legal age to purchase and possess tobacco products and vapor products to 21 years of age, was referred to the House Commerce Committee and additionally referred to the House Judiciary and House State Administration & Technology Appropriations Subcommittee on March 31, 2021.
Hawaii: House Bill 826, which, as amended, effective July 1, 2060, bans the sale of flavored tobacco products (except menthol), and creates a new tax on e-liquids at the same rate as OTP (70% of the wholesale price), passed Senate Committees on Health and Commerce and Consumer Protection with an amendment on March 25, 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 re-referred to the House Rules Committee on March 27, 2021. House Bill 570, which caps the tax on cigars and other rolled tobacco products at $.50 per cigar or roll, was re-referred to the House Rules Committee on March 27, 2021. House Bill 778, which prohibits anyone under 21 years of age from possessing tobacco products and vapor products, was re-referred to the House Rules Committee on March 27, 2021.
Kentucky: The legislature adjourned on March 30, 2021. All pending bills failed on adjournment.
Maine: The legislature adjourned on March 30, 2021. Pending bills carryover to 2022.
Montana: Senate Bill 398, which prohibits a local government from adopting or enforcing any local ordinance or resolution that prohibits the sale of alternative nicotine products or vapor products, passed the Senate Business, Labor, and Economic Affairs Committee on April 1, 2021.
New Hampshire: House Bill 591, which was amended to change tobacco license fee amounts: $216 (one register); $408 (2-3 registers); $648 (4 or more registers), was retained in the House Finance Committee for “action in the second year of the session” on March 30, 2021.
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, was signed by the Governor on March 30, 2021.
Oklahoma: House Bill 2292, which creates the Oklahoma Tax Commission to enforce the tobacco tax laws and also requires that retailers may only purchase tobacco products from Oklahoma licensed wholesalers, passed the Senate Finance Committee as substituted and moved to the Senate Appropriations Committee on March 30, 2021.
Oregon: House Bill 2261, which prohibits remote sales of vapor products, passed House Health Care Committee on March 26, 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, was recommended to be held for further study by 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 transmitted to the Governor on March 25, 2021.
Texas: 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, was considered in the Senate Finance Committee on March 30, 2021.
West Virginia: House Bill 3300, the original intent of which was to reduce personal income taxes, was amended to include taxes increases on cigarettes (to $2.20 per, OTP (to 19.5% of wholesale) and e-cigarettes (to $0.35 per milliliter) in the Senate Finance Committee on March 30, 2021.