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 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; was reported favorably from the Senate Judiciary Committee on April 22, 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 in the House Finance Committee on May 5, 2021.
Arkansas: Senate Bill 628, which permits Arkansas based cigar shops to sell cigars at retail online, was signed by the Governor on April 27, 2021.
California: Senate Bill 395, which 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 Health on April 28, 2021. 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 Committee on Public Safety on April 27, 2021.
Connecticut: House Bill 6189, which would tax vapor products as OTP at 50% of wholesale, failed to make the Joint Favorable deadline. Senate Bill 326, which would ban the sale of all flavored tobacco and vapor products, was referred to the Joint Committee on Finance, Revenue and Bonding on April 28, 2021. Senate Bill 985, which prohibits the sale of flavored ENDS and vapor products (including menthol) except in age 21 restricted establishments, was referred to the Joint Committee on Finance, Revenue and Bonding on April 28, 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 licensed and provides that the establishment of the minimum age for purchasing or possessing tobacco product or nicotine products and the regulation of the marketing, sale, or delivery of tobacco products or nicotine products is preempted to the state, passed the House on April 28, 2021.
Illinois: An amended version of Senate Bill 512, which 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, was referred to the House Rules Committee on April 23, 2021. The amended version of the bill removed a provision that would have made 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.
Indiana: House Bill 1001 (state budget bill), which was amended in conference committee to include a tax on closed system cartridges at 25% of the wholesale price of the closed-system cartridge and a tax of 15% at retail on the sale of consumable material and vapor products, reported from the conference committee and adopted by the House and Senate on April 22nd.
Maine: HP1155 / LD1550 (formerly LR1006), which prohibits the sale and distribution of all flavored tobacco products and ENDS (includes menthol products), is scheduled for a hearing in the Joint Committee on Health and Human Services on May 7, 2021.
Minnesota: House File 991, which contains a 95% tax on electronic devices, passed the House Floor on April 23, 2021 and was sent to the Senate. The Senate amended the bill on April 28, 2021 to replace the language from the House with language from Senate File 961, which does not contain a tax on electronic devices. It will now be sent to conference committee to work out language differences.
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 House on April 26, 2021.
New York: Assembly Bill 679, which prohibits the sale of flavored nicotine pouches, was heard in the Assembly Health Committee on April 27, 2021. The bill was not passed by the committee.
Oklahoma: House Bill 2292, which creates the Oklahoma Tax Commission to enforce the tobacco tax laws and requires that retailers may only purchase tobacco products from Oklahoma licensed wholesalers, moved to the Governor on April 28, 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, or retailer, 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 signed by the Governor on April 23, 2021.
Oregon: House Bill 2640, which would have allowed third parties to provide alcoholic beverages for on-premises consumption in smoke shops, died by rule on April 20, 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 or church, will be considered in the House Ways and Means Committee on May 3, 2021. House Bill 211, which as substituted, imposes a tax on vapor products at 7 cents per milliliter, had a committee report sent to calendars in the House on April 28, 2021. The original version of the bill taxed vapor products at 5 cents per milliliter.
Washington: Four bills died on adjournment of the session on April 25, 2021, but may carry-over to the 2022 session: Senate Bill 5129, which would repeal existing civil penalties on minors in possession of tobacco or vapor products; House Bill 1550, which would have changed the tax on vapor products from one based on the amount of nicotine per milliliter of solution to a tax imposed at 45% of the retail price and required the tax to be disclosed on various advertising materials and consumer receipts and added a 4.4% surcharge on the manufactured value of vapor and tobacco products on manufacturers and distributors; and House Bill 1345 and Senate Bill 5266, which would have changed the tax in the manner provided in House Bill 1550 and also banned the sale of flavored vapor products and menthol cigarettes.