Tackling Tobacco: March 2024 Legislative & Regulatory Roundup

In addition to creating certified nicotine/vapor directories, some states are focused on bills pertaining to internet and remote sales.
a vapor product

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.


Tallahassee — A proposed bill would require nicotine product manufacturers to execute and deliver a form, under penalty of perjury, to the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation for each product sold within the state which meets certain criteria. It also requires the division to develop and maintain a directory listing of certified nicotine product manufacturers and certified nicotine products. 

The bill now sits with Gov. Ron DeSantis.


Des Moines — In late March, a subcommittee of the state House Committee on Ways and Means passed a bill that would create a new definition of heated tobacco products. Under the proposal, heated tobacco products would be included in the other tobacco products (OTP) category and taxed at a rate of 50% of the wholesale sales price.

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[Read more: FDA Creates Database for Legally Marketed Tobacco Products]


Augusta — The Maine House of Representatives passed a bill defining a tobacco product to include any product that contains nicotine (natural or synthetic). It also subjects nicotine products to the 43% OTP tax. 


Annapolis — The state Senate approved a bill restricting electronic smoking device products to licensed vape shops. The proposed legislation also prohibits the sale of tobacco products in pharmacies and increases the fee for a county license to sell cigarettes. The proposal was heard in the state House Economic Matters Committee on March 28, with no vote taken.


St. Paul — The Minnesota House Commerce Finance and Policy Committee is reviewing a bill that would prohibit the sale of flavored products, including menthol.


Charleston — Gov. Jim Justice signed a bill that requires all delivery sales of tobacco products (via the internet or mobile app) to comply with all age verification requirements and prohibits delivery sales to underage consumers. It also specifies that taxes will be collected and remitted for the delivery sale of any tobacco product and establishes criminal penalties for violations. The bill is effective 90 days from passage.


Madison — Gov. Tony Evers signed a bill into law requiring retailers who sell cigars or pipe tobacco remotely to obtain a remote retail seller permit from the state Department of Revenue. It also attaches the excise tax on cigars and pipe tobacco to any remote sale. The bill goes into effect on Jan. 1, 2025.

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