The proposed bill seeks to raise the minimum age for purchasing, exchanging, or possessing tobacco products, electronic smoking products, and nicotine products from 19 to 21 years. It introduces new legal language that defines violations and penalties for selling these products to individuals under 21, establishing fines and the option for defendants to attend tobacco education programs instead of facing penalties. The bill also modifies the existing tobacco use education and cessation fund, ensuring that 20% of annual revenue from a specific legal settlement is allocated to support smoking education and prevention programs. Additionally, it implements new regulations for the shipping and transportation of tobacco products, requiring age verification for recipients and establishing penalties for non-compliance.

Furthermore, the bill outlines a 25% tax on closed electronic smoking products and vapor products, which retailers must collect and remit under certain conditions. It sets licensing requirements for retailers, including a $50 annual fee for non-transferable licenses, and mandates clear labeling of products with penalties for violations. The legislation also includes provisions for record-keeping, tax collection, and the allocation of tax proceeds to the tobacco use education and cessation fund. Overall, the bill aims to enhance public health measures related to tobacco use, strengthen enforcement against underage access, and regulate the marketing of electronic smoking products to protect youth.

Statutes affected:
HB0049A, AM HB 49, introduced 01/22/2025: 11.76.100, 43.70.075, 04.09.200, 04.09.350, 04.09.220, 04.09.230, 11.76.105, 12.55.035, 11.76.106, 11.76.109, 43.50.010, 11.81.900, 29.35.085, 47.12.030, 29.25.070, 37.05.580, 44.29.020, 43.50.070, 11.76.107, 44.62.350, 43.50.180, 43.50.300, 43.50.390, 43.50.850, 43.50.900, 43.50.105, U.S.C, 43.50.150, 43.50.190, 43.50.090, 03.05.076, 17.38.900, 43.50.860, 43.50.865, 43.50.870, 43.50.875, 43.50.880, 43.50.885, 43.50.990, 44.64.010, 44.64.060, 45.50.471, 12.55.055, 04.16.050
HB0049B, AM CSHB 49(L&C), introduced 02/19/2025: 11.76.100, 43.70.075, 04.09.200, 04.09.350, 04.09.220, 04.09.230, 11.76.105, 12.55.035, 11.76.106, 11.76.109, 43.50.010, 11.81.900, 29.35.085, 47.12.030, 29.25.070, 37.05.580, 44.29.020, 43.50.070, 11.76.107, 44.62.350, 43.50.180, 43.50.300, 43.50.390, 43.50.850, 43.50.900, 43.50.105, U.S.C, 43.50.150, 43.50.190, 43.50.090, 03.05.076, 17.38.900, 43.50.860, 43.50.865, 43.50.870, 43.50.875, 43.50.880, 43.50.885, 43.50.990, 44.64.010, 44.64.060, 45.50.471, 12.55.055, 04.16.050