SB 45 Summary

• Raises the minimum age to purchase, sell, exchange, or possess tobacco products, electronic smoking products, and nicotine-containing products from 19 to 21 years old

• Establishes a 35% excise tax on electronic smoking products (closed-system and vapor products sold separately or as part of open-system products) to be separately accounted for and appropriated toward education and advertising about electronic smoking product hazards

• Prohibits distributing electronic smoking products that are not clearly recognizable as tobacco products and prohibits marketing electronic smoking products in a manner likely to promote use by persons under 21 years old

• Creates restrictions on shipping and transporting tobacco and electronic smoking products, including requirements for age verification, licensing documentation, and proper labeling of containers

• Becomes effective January 1, 2023, with exceptions allowing persons 19 years old employed in tobacco retail on the effective date to continue working