State tobacco-related legislative bills that have been acted on by a state legislative committee or state legislature are listed below alphabetically by state:
Arkansas: Senate Bill 628, which permits Arkansas-based cigar shops to sell cigars at retail online, passed the Senate and moved to the House on April 14, 2021.
California: Senate Bill 395, which, as amended, creates a new tax on purchasers of electronic cigarettes and e-liquids of 12.5% of the gross receipts from the sale of the products, to be collected and remitted by the retailer, passed Senate Committee on Governance and Finance on April 8, 2021, and was further amended on April 12, 2021.
Connecticut: The following bills failed the Joint and Favorable Deadline: House Bill 5582 (flavor ban); House Bill 6009 (flavor ban and pharmacy ban); Senate Bill 41 (sales ban on refillable ENDS and vapor products); Senate Bill 113 (flavor ban).
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 licensed, will be considered in the Senate Rules Committee on April 16, 2021. Senate Bill 334, which authorizes counties and municipalities to further restrict smoking within the boundaries of public beaches and public parks under certain circumstances and prohibits smoking within the boundaries of a state park, will be considered in the Senate Rules Committee on April 20, 2021.
Hawaii: House Bill 826, which 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 on April 13, 2021. Two bills died by rule on April 9, 2021: House Bill 476, which, effective July 1, 2060, would have created a new tax on e-liquids at the same rate as OTP (70% of the wholesale price), reduced taxes on any product the FDA has determined to be “modified risk” by 50%, and required sellers of e-liquids to obtain a state permit; and House Bill 598, effective July 1, 2050, would have created a new tax on e-liquids at the same rate as OTP (70% of the wholesale price), increased the retail tobacco permit fee from $20 to $300 annually and prohibited retail shipment of untaxed tobacco products.
Idaho: House Bill 363, which provides that no local unit of government may adopt or enforce 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 or impose or enforce a tax or fee on tobacco products or electronic smoking devices passed the House and moved to the Senate on April 9th and was referred to the Senate State Affairs Committee on April 12, 2021.
Illinois: Senate Bill 512, which makes it unlawful to sell in any one transaction more than 2 electronic cigarettes, 4 prepackaged cartridges of electronic cigarette solution, or 100 milliliters of electronic cigarette solution to a consumer; sets packaging, ingredient, and marketing requirements for e-cigarettes, prohibits a manufacturer, distributor, or retailer from advertising, marketing, or promoting an electronic cigarette in a manner that: (1) encourages persons under 21 years of age to use an electronic cigarette; or (2) is attractive to persons under 21 years of age, including, but not limited to, inclusion of the following: (A) cartoons; (B) an image, character, or phrase that is similar to one popularly used to advertise to children; or (C) a video game, movie, video, or animated television show known to appeal primarily to persons under 21 years of age, passed the Senate Executive Committee on April 15, 2021. Senate Bill 2282, which prohibits the sale of flavored electronic cigarettes (exempts the flavors of tobacco and menthol), was assigned to the Executive-Tobacco Subcommittee in the Senate Executive Committee on April 15, 2021. Senate Bill 2379, which requires all vapor product retailers to obtain a license, was assigned to Executive-Tobacco Subcommittee of the Senate Executive Committee on April 15, 2021. Senate Bill 699, which 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, had a committee substitute amendment filed by the sponsor on April 9th. The committee substitute amendment was referred to the Senate Executive Committee on April 13, 2021.
Indiana: House Bill 1001 (state budget bill) was amended in the Senate Appropriations Committee on April 8th to remove the $0.505 cigarette tax increase. The bill includes a tax on closed system vapor cartridges at $0.10 per milliliter of consumable material and a tax of 10% at retail on the sale of consumable material and vapor products. The bill next goes to a conference committee.
Maine: HP942/LD1282, which limits the number of electronic nicotine delivery devices and nicotine liquid containers that may be sold in a single transaction, requires tobacco retailers to examine and scan a government-issued photographic identification using a scanning technology or other automated, software-based system, was heard in the Joint Committee on Health and Human Services on April 15, 2021.
Maryland: House Bill 1324 and cross-filed Senate Bill 883 were adopted by the General Assembly on April 12th. Both bills require a person located outside the state to have a remote tobacco seller license to sell premium cigars or pipe tobacco to consumers in the state; both bills provide for the adjustment of the price base for the excise tax on premium cigars and pipe tobacco sold by out-of-state sellers. Both bills were amended to specify a tax rate of 12% on tobacco pipes (as defined) and provide for refund of taxes paid on tobacco pipes after 3/14/21 to the date of the bill enactment. The General Assembly adjourned on April 12, 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, passed the House Tax Policy Committee on April 14, 2021.
Minnesota: House File 991, the omnibus tax bill, no longer includes a cigarette, moist snuff, or other tobacco products tax increase. The bill does contain the 95% tax on electronic nicotine devices. HF991 passed the House Tax Committee on April 12, 2021 and was sent to the Ways and Means committee for a hearing on April 19, 2021.
Missouri: House Bill 517, which raises the age to purchase and possess tobacco products from 18 to 21, includes a provision preempting localities from regulating the sales of tobacco products, alternative nicotine products and vapor products, however, the preemption does not apply to taxing the sale of those products, was heard in the committee on Downsizing State Government on April 14, 2021.
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, was considered in the House Business and Labor Committee on April 14, 2021.
Nevada: Assembly Bill 360, which, as amended, requires vapor product manufacturers to provide the Department of Taxation a list of products that are federally compliant by April 30 of each year, prohibits retailers from selling products that are not on the list maintained by the Department of Taxation, and requires retailers to use advanced age-verification technology at the point of sale for every tobacco and vapor product purchase, passed the Assembly Committee on Revenue with an amendment on April 9, 2021.
North Dakota: Senate Bill 2189, Senate concurred with the House to recommend that the legislative management consider studying reduced harm nicotine products during the 2021-22 interim on April 9th. Previous versions of the bill included licensing requirements and a vapor tax; those provisions have been removed. The bill is now eligible for the governor’s signature.
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 Appropriations Committee as substituted on April 7, 2021. 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, passed the Senate Appropriations Committee as substituted on April 7, 2021.
Oregon: House Bill 2261, which prohibits remote sales of vapor products, passed the House on April 9, 2021. Several bills died by rule on April 13, 2021: House Bill 2071, which would have required tobacco and vapor retailers to obtain a license from the Department of Revenue; House Bill 2148, which, effective January 1, 2022, would have prohibited the sale of flavored tobacco and vapor products and prohibits remote sales of all vapor products; House Bill 2274, which would have raised the cigarette tax by $0.34 per pack to $3.67 beginning January 1, 2022 and imposed a corresponding floor tax on that date; and House Bill 2621, which would have extended the state smoking ban to common areas of commercial buildings and residential buildings of two or more units.
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 or church, was referred to the House Ways and Means Committee on April 13, 2021. House Bill 211, which imposes a tax on vapor products at 5 cents per milliliter, passed the House Ways and Means Committee as substituted on April 14, 2021.
West Virginia: The regular legislative session, extended by one day, ended on April 11, 2021. All pending bills, including those to increase tobacco taxes, failed on adjournment.