SB0189S04 | Tobacco Retailer Amendments

Higher penalties to stores who sell e-cigarettes to minors under the age of 21

Stores set up within 1,000 feet of schools will need to relocate by July 1, 2022

Evidence is clear - the closer shops are to schools, especially high schools, the more likely students are to use and experiment with e-cigarettes.

It may also be a racial issue to some degree, with more tobacco retail stores in Black and other minority neighborhoods.

This bill continues to work on the same issues as HB 23 & SB 6008 from last year, including trying to "fix" problems that were caused by those two bills.

Good things about the bill - it does strengthen penalties for tobacco retailers who violate rules, especially regarding sales to those under 21. It also adds nicotine products to the list of items that retailers can't give away. (One example of something retailers have done in the past to not be characterized as a tobacco retailer is to sell a shirt or something, and then give away the e-cigarettes for free. Thus, on the receipt is the sale of shirt, but no mention of the sale of the vaping product.) HB 23 provided a 3 strikes and you're out, SB 189 cuts it down to 2 strikes. $2K/$5K fines are upped to $5K/$10K. The Dept of Health did help with a lot of the positive changes in this bill.

The BIG DOWN side to the original bill was the removal of grandfather clauses that were put into HB 23 Sub 7, and were amplified by SB 6008. The side effect of putting in those grandfather clauses was the creation of 45 new vape shops, 37 within 1,000 feet of schools. Sub 4 now keeps the grandfather clause in place, with stores having to move by July 1, 2022. Sen Vickers said, "You can never guarantee that lobbyists won't be able convince a legislator to do something next session-it won't be this legislator though. There is no guarantee that retailers won't sue the state as we don't have anything in writing from them. However, the state is in a much better position with this bill than previously."