State tobacco-related legislative bills that have been acted on by a state legislative committee or state legislature are listed below alphabetically by state:
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 Appropriations Committee on May 20, 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 Appropriations Committee on May 20, 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; and prohibits the honoring or acceptance of any discount, coupon, or other benefit or reduction in price that is inconsistent with 21 CFR 1140, subsequent United States Food and Drug Administration industry guidance, or any rules adopted under 21 CFR 1140, was placed on the calendar for Third Reading after the House adopted Amendment No. 3. 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.
Louisiana: House Bill 525, which amends the definition of smokeless tobacco to exclude any product which includes nicotine if the product does not contain any other substance considered to be smokeless tobacco. The measure excludes these types of products from the 20% tax imposed on smokeless tobacco, was considered, and left pending in the Senate Revenue and Fiscal Affairs Committee on May 20, 2021. House Bill 473, which raises the minimum age for the prohibition of the distribution or sale of tobacco, alternative nicotine products, or vapor products from persons under the age of 18 to those under the age of 21, passed the Senate Committee on Judiciary B on May 25, 2021 and is awaiting a third reading in the Senate.
Maine: LD221/H.P. 156 (Governor’s budget bill amendments), which includes a ban on the sale of all flavored tobacco products, was the subject of a work session in the Joint Committee on Appropriations and Financial Affairs on May 26, 2021. LD1423/H.P. 1039, which increases the cigarette tax from $2.00 per pack to $4.00 per pack and, by law, the bill increases the tax on other tobacco products by the same percentage change as the increase in the tax on cigarettes, was voted on and subject to a divided report at the work session in the Joint Committee on Taxation on May 26, 2021.
Michigan: House Bill 4427, which amends the Youth Tobacco Act to revise the penalties relating to the use of a tobacco product, vapor product, or alternative nicotine product by a minor, was referred to the House Judiciary Committee on May 26, 2021 after receiving a second reading in the House.
Missouri: Senate File 283, as amended, includes regulations on the sale of tobacco to those under the age of 21 and preempts local governments from the field of regulating the sale of tobacco products, alternative nicotine products, and vapor products, passed the House Fiscal Review Committee on May 13, 2021.
Nevada: Assembly Bill 360, which, effective January 1, 2023, requires retailers to use advanced age-verification technology at the point of sale for every tobacco and vapor product purchase to persons under 40 years of age, passed the Senate on May 21, 2021, and was sent to the Governor on May 25, 2021.
North Carolina: House Bill 334 (as substituted in the Senate), which contains language to modify the excise tax on cigars to tax online sales the same as in-person sales (12.8% of the cost price with a cap of $.30 per cigar), had the substitute adopted and was re-referred to the Committee on Appropriations / Base Budget on May 26, 2021.
Oklahoma: A committee substitute version of Senate Bill 1078, which now modifies several definitions, including “tobacco products” and adds several definitions which include “smokeless tobacco,” “snuff,” “chewing tobacco,” “smoking tobacco,” “pipe tobacco,” and “roll-your-own tobacco,” and conforms statutory language to the new definitions, was signed by the Governor on May 24, 2021. Effective upon passage and approval.
Oregon: House Bill 2261, which prohibits remote sales of vapor products, passed Senate on May 26, 2021. Senate Bill 64, which allows for covert underage buyer checks on tobacco retailers, passed House on May 26, 2021.
Texas: Senate Bill 248, which as amended, imposes a tax on alternative nicotine products at the rate of $1.22 per ounce and a proportionate rate on all fractional parts of an ounce and requires anyone selling electronic cigarettes to consumer to obtain a license from the Comptroller, passed the House and moved to the Senate for concurrence on May 26, 2021. The language regarding the taxation of alternative nicotine products was added to the bill on May 25, 2021.