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 of age. It includes amendments that redefine offenses related to selling or giving these products to individuals under 21, with specific provisions for vending machines and certain controlled environments. The bill establishes penalties for violations, including fines and the option for defendants to attend tobacco education programs, while also outlining the responsibilities of licensed vendors. Additionally, it modifies the existing tobacco use education and cessation fund to ensure a portion of revenue from tobacco-related settlements is allocated to this fund annually.

Moreover, the bill introduces new regulations regarding the sale, shipping, and taxation of electronic smoking products and tobacco products, including a 25% tax on closed electronic smoking products and vapor products. It establishes licensing requirements for retailers, mandates clear labeling of products, and imposes penalties for violations. The legislation also includes provisions for marketing restrictions aimed at preventing appeal to individuals under 21, and it clarifies the legal framework for prosecuting minors accused of violating tobacco-related laws. The effective dates for various sections of the bill are staggered, with some provisions taking effect on January 1, 2026, and others on January 1, 2027.

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