Tackling Tobacco: February 2025 Legislative & Regulatory Roundup
NATIONAL REPORT — Tobacco legislation and regulation is constantly under review at the local, state and federal levels. In this monthly roundup, Convenience Store News highlights the latest proposals and approved changes happening across the United States.
COLORADO
Denver — Even though the Denver City Council voted to ban the sale of flavored tobacco products within city limits — which would go into effect on March 18 — opponents of the ban are trying to bring the issue before voters in November.
Small business owners filed paperwork with the city clerk and recorder's office and received approval for the circulation of petitions. They must collect 9,494 valid signatures for the city's election division to deem the petition sufficient by March 19.
HAWAII
Maui — Maui County Mayor Richard T. Bissen signed a bill to prohibit retailers from selling or marketing flavored tobacco products and mislabeling products as nicotine-free; it also includes fines. According to the Maui County bill, the ordinance would take effect 42 days after a repeal of any state statutes related to preempting county ordinances on the sale of tobacco products occurs.
IDAHO
Boise — A bill that would require the state to publish an "Illegal Electronic Smoking Device Brand List" by July 1 was referred to the Idaho House Health and Welfare Committee in mid-February. Brands that would be included on the list are ones that received U.S. Food and Drug Administration enforcement notices. Products on the list would not be allowed to be sold starting Sept. 1.
MAINE
Augusta — Members of the state Joint Standing Committee on Taxation voted "ought to pass" on a bill that would modify the tobacco product tax by eliminating the tax imposed on certain products that contain nicotine but not tobacco.
NEW MEXICO
Santa Fe — A bill that would increase the state tax on vapor products and other tobacco products to 40% of the product value and implement a new tax on modern oral products at 40% of the product value is awaiting consideration in the New Mexico Senate Finance Committee. A cigarette tax increase was removed from the bill.
[Read more: Convenience Stores Find Opportunity in Oral Nicotine]
NEW YORK
Albany — A group of 20 New York Assembly members introduced a bill to ban the sale of flavored tobacco products and accessories in the state. If passed, violators would face a fine of no more than $500. It would not make possession or usage of flavored tobacco products illegal and contains a provision that no law enforcement officer may stop, question, search or arrest a person in relation to the possession of such products.
OHIO
Aurora — City officials extended its years-long moratorium on smoke, tobacco and CBD shops for another year. The moratorium extension, which the City Council unanimously approved in early February, prohibits the city from accepting and issuing permits for vape shops, e-cigarette shops, smoke shops, tobacco shops and shops that sell any product related to CBD, cannabidiol oils or edibles.
The city first imposed a 12-month moratorium on such businesses on Feb. 12, 2023, then extended it until Nov. 20, 2024. New in this moratorium is a statement that the city has hired a consulting firm to analyze and update its zoning code about these businesses.
OREGON
Oregon City — Lawmakers in Oregon City have taken a stand against flavored tobacco products by passing a resolution that calls for an end to their sale. The resolution urges the Oregon State Legislature to pass a state Senate bill that seeks to eliminate the sale of flavored tobacco and synthetic nicotine products statewide.
SOUTH DAKOTA
Pierre — Cigars purchased in South Dakota are more expensive after legislators passed a bill raising the tax on cigars and other tobacco products — essentially products other than cigarettes — from 35% to 45% of the wholesale price. The bill also raised the tax on cigarettes to $3.03 per pack of 20, up from $1.53 per pack. The definition of tobacco products was also expanded to include substances containing nicotine or synthetic nicotine (vapor products and nicotine pouches).
TENNESSEE
Nashville — State Sen. Becky Massey (R-Knoxville) filed a bill that would raise the "prospective" age limit on identification rules for tobacco or hemp product sales from 30 years old to 50 years. While current state law would still apply, allowing tobacco and hemp product purchases to be sold to adults at least 21 years old, establishments that sell these products would be required to ask for identification to prove a consumer is at least 21 unless "an ordinary person would conclude" the consumer to be at least 50 years old.
