MINNEAPOLIS -- Besides approximately one-half of state legislatures considering bills this year to increase cigarette and tobacco tax rates, bills have been introduced in a number of states to raise the legal age to purchase tobacco and ban or restrict the sale of flavored tobacco products.
Minimum Age Legislation
Currently, 46 states have a minimum age of 18 to purchase tobacco products, while Alabama, Alaska, New Jersey and Utah require an individual to be 19 years old to buy tobacco products.
This year, the following states have considered bills to raise the legal age for tobacco purchases:
California: Age 21; bill pending.
Hawaii: Age 21; passed legislature and sent to Governor Ige who has not signed or vetoed the bill yet.
Iowa: Age 19; bill pending.
Massachusetts: Age 21; bill pending.
New Jersey: Age 21; bill pending.
New York: Age 21; bill pending.
Oregon: Age 21; bill pending
Rhode Island: Age 21; bill pending.
Texas: Age 19; bill pending.
Utah: Age 21; bill failed.
Vermont: Age 21; bill pending.
Washington: Originally age 21; amended to age 19; bill pending.
Washington, DC: Age 21; bill pending.
Flavor Ban Legislation
Regarding a ban or restriction on the sale of flavored tobacco products, the following states have considered such legislation:
New York: Prohibits the sale of flavored tobacco products (excluding the flavors of tobacco, menthol, mint or wintergreen); bill pending.
Oregon: Prohibits the sale of flavored tobacco products; bill pending.
Vermont: Prohibits the sale of liquid nicotine in any flavor except menthol; bill pending.
Before the Vermont legislature adjourned on Saturday, May 16th, lawmakers passed a couple of different tobacco-related bills including a cigarette/little cigar tax increase of 33 cents per pack, with the new rate to be $3.08 per pack and an increase in the moist snuff tax rates equal to the greater of $2.57 per ounce or $3.08 per package. Both of these tax increases will be effective as of July 1, 2015. At the same time, the Vermont legislature did not change the state’s cigar tax rate or the tax rate on other tobacco products nor did lawmakers pass a bill that would have levied a 92% excise tax on electronic cigarettes.
While 25 other state legislatures have considered bills to raise the cigarette or tobacco product tax rate, so far this year bills have either died or failed in eleven states including Georgia, Hawaii, Kentucky, Maryland, Mississippi, New Hampshire, North Dakota, Utah, Virginia, West Virginia and Wyoming.
Cigarette and/or OTP tax increase bills in 14 states are still pending and include Alabama, California, Kansas, Louisiana, Missouri, Nevada, New Jersey, New York, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, and Washington.
To date, 21 state legislatures have adjourned for the year and these states include Arizona, Arkansas, Colorado, Florida, Georgia, Hawaii, Idaho, Indiana, Kentucky, Maryland, Minnesota, Mississippi, Montana, New Mexico, North Dakota, South Dakota, Tennessee, Utah, Virginia, West Virginia, and Wyoming.
Many of the remaining state legislatures that are still in session are in the final stages of their respective 2015 legislative sessions and most will be adjourned by the end of June.
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