(1) The general assembly hereby finds and declares that:
- (a) Nicotine is a highly addictive and toxic substance;
- (b) There has been a significant increase in the use of electronic cigarettes, which heat nicotine, flavorings, and other chemicals to create an aerosol that is inhaled;
- (c) Children in middle school and high school have reported using electronic cigarettes at alarming rates, and studies have linked electronic cigarette use among youth to nicotine addiction and cigarette smoking;
- (d) The long-term health risks of this use are unknown, but electronic cigarette aerosol can contain harmful and potentially harmful substances including nicotine, cancer-causing chemicals, heavy metals, flavoring chemicals, ultrafine particles, and volatile organic compounds;
- (e) Yet nicotine products are not subject to the same excise tax as cigarettes and tobacco products;
- (f) Taxing nicotine products at the wholesale level will increase the total cost, which may serve as a deterrent to children and adolescents and in turn prevent and reduce consumption; and
- (g) Revenue from the tax can be used toward positive outcomes in children's lives.
- (2) Therefore, the general assembly intends to create a tax on nicotine products so that they are taxed in the same manner as tobacco products, including the licensing requirements that facilitate the collection of the tax.
Source: L. 2020: Entire article added, (HB 20-1427), ch. 248, p. 1197, § 18, effective January 1, 2021.