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 89, which imposes a tax on electronic smoking products and vapor products at the rate of 25% of the sales price and caps the amount of nicotine in vapor products at 20 milligrams of nicotine for milliliter of vapor product, will be considered in the Senate Labor and Commerce Committee on April 21, 2023.
California: Assembly Bill 935, which prohibits the sale of tobacco products to persons born on or after January 1, 2007, passed House Health Committee with an amendment (not yet available) on April 11, 2023.
Hawaii: Senate Bill 975, which, effective January 1, 3000, establishes a tax on vapor products of an unspecified percentage of the wholesale price, passed House on April 11, 2023. The following bills died on April 6, 2023, by missing a procedural deadline: House Bill 537 would have established a tax on vapor products of 70% of the wholesale price effective January 1, 3000. House Bill 551 would have prohibited the sale of flavored tobacco products effective June 30, 3000; and Senate Bill 1447 would have permitted counties to regulate tobacco products consistent with but more stringently than state law effective June 30, 3000.
Maine: LD1174 and LD1215, both of which prohibit the sale of flavored tobacco products (including menthol), will be heard in the Joint Committee on Health and Human Services on April 25, 2023.
Missouri: House Bill 1039, which originally contained preemption language, was substituted to provide that no political subdivision shall deny a license to a qualified applicant for a tobacco products license, an alternative nicotine products license or a vapor products license if the new license being sought is for the same location that had a license within the previous 24 months, reported as do pass by the House Committee on General Laws on April 12, 2023. Senate Bill 522, which provides that the state's laws shall preempt any local laws, ordinances, orders, rules, or regulations enacted by a county, municipality, or other political subdivision of the state regulating the sale of tobacco products, alternative nicotine products, or vapor products, will be heard in the Senate Emerging Issues Committee on April 18, 2023.
New Mexico: On April 7, 2023, the Governor made several line-item vetoes on House Bill 547. These vetoes included sections of the bill that would have removed the cigar tax cap of 50 cents per cigar and applied the OTP tax of 25% of the product value to any product, other than cigarettes, e-liquid, and closed system cartridges, made from or containing nicotine (natural or synthetic). Due to this, the cigar cap of 50 cents per cigar and the current tax rates will remain in place.
Nevada: Assembly Bill 53, which increases monetary penalties on retailers who sell tobacco and vapor products to underage persons, passed Assembly Revenue Committee on April 11, 2023.
Texas: House Bill 4772, which imposes an excise tax of $1.23 per ounce of net volume on alternative nicotine products and also imposes an excise tax on vapor products at the following rates: (1) 5 cents per milliliter for vapor products sold for use in open system e-cigarettes; (2) 5 cents for each e-cigarette pod sold for use in a close system e-cigarette; and (3) 5% of the wholesale cost price on each closed system e-cigarette that does not use an e-cigarette pod, was considered and left pending in the House Ways and Means Committee on April 10, 2023. "Alternative nicotine product" would be defined to mean any noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, ingested, inhaled, or consumed by any other means. This would not include e-cigarettes or other tobacco products.
Washington: Senate Bill 5365, which increases monetary penalties for sales of tobacco and vapor products to underage persons, passed House on April 7, 2023.