UtahH.B. 2652026 General SessionHouseWALLET

Non-nicotine Inhalation Product Amendments

Sponsored By: Jason E. Thompson (Republican)

Signed by Governor

Health and Human ServicesState Tax CommissionRevenue and TaxationTobacco and Other Nicotine ProductsAgriculture & FoodElectronic Cigarettes

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 1 benefits, 5 costs, 2 mixed.

Tougher fines and suspensions for sellers

Beginning July 1, 2026, civil penalties for non‑nicotine inhalation violations are $1,500 for a first, $5,000 for a second, and $6,000 for a third. A third violation also revokes the seller’s permit for 24 months and blocks permits for overlapping owners unless a qualified arm’s‑length transfer occurs. Selling e‑cigarette products not on the registry brings $1,000 per product plus $100 per day until removed or listed. Repeat violations in 12 months trigger license suspensions: at least 14 days for a second, 60 days for a third, and one year for a fourth. False certification is a class C misdemeanor.

New taxes on vape and nicotine

Beginning July 1, 2026, the state taxes these products. Electronic cigarette and nontherapeutic nicotine products are taxed at 56% of the manufacturer’s sales price. Alternative nicotine products are taxed at $1.83 per ounce, prorated for fractional ounces. Revenues go to a restricted account.

Registry rules and fees for vape products

As of January 1, 2025, you may sell an e‑cigarette product only if it is on the state registry. Starting July 1, 2026, non‑nicotine inhalation products and substances must also be listed before sale. Manufacturers must certify products, submit required FDA documentation, and pay $1,000 when first listed plus $250 each year by January 31. The registry is public by October 1, 2024, and makers must report material changes within 30 days. Products that contain cannabinoids cannot be listed on the e‑cigarette registry. The law defines which items count as non‑nicotine inhalation products and substances.

Tax bonds, filings, and export refunds

Starting July 1, 2026, if you collect the nicotine product tax, you must post a bond. Minimums are $500, or $1,000 if combined with one related bond, or $1,500 if combined with both. You must file online quarterly returns by the last day of April, July, October, and January, give itemized invoices for non‑consumer sales, and keep them three years. Consumers who buy untaxed items must file and pay by the last day of the next month. If you are a licensed dealer and export to another state’s dealer, you can get a refund of taxes you actually paid by providing required proof.

Cannabinoid sales limited; inhalation banned

Beginning July 1, 2026, a cannabinoid product may be sold or used in Utah only if it is on the state’s approved list or FDA‑approved. The law excludes e‑cigarettes and vape substances from the “cannabinoid product” category. An employee who knowingly sells or gives a cannabinoid inhalation product in business commits a crime: first offense is a class C misdemeanor (fine up to $1,000), later offenses are class B (fine up to $2,000). Individuals may use a cannabidiol product they bought outside Utah if the contents do not violate the state’s controlled substance rules.

No state license fee to sell

Beginning July 1, 2026, the State Tax Commission does not charge a license fee for sellers licensed under Section 59-14-803 to sell electronic cigarette or nicotine products. All other licensing rules still apply.

Stricter labeling and ad rules

Starting July 1, 2026, ads and labels for cannabinoid products must say the product is hemp or CBD and not medical cannabis. Any nicotine product that is not a federally defined tobacco product must state “This product contains nicotine.” on the outer package. No one may advertise an e‑cigarette as a tobacco cessation device. The health department must set rules on labels, nicotine content, packaging, and product quality after public input.

Stronger tax enforcement and reports

Beginning July 1, 2026, the State Tax Commission increases enforcement of these product tax rules and studies compliance and revenue effects. It reports findings and recommendations each year to the Revenue and Taxation Interim Committee by the September interim meeting.

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Sponsors & Cosponsors

Sponsor

  • Jason E. Thompson

    Republican • House

Cosponsors

  • Brady Brammer

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 194 • No: 1

House vote 3/6/2026

House/ concurs with Senate amendment

Yes: 64 • No: 1

Senate vote 3/6/2026

Senate/ passed 2nd & 3rd readings/ suspension

Yes: 27 • No: 0

House vote 2/25/2026

Senate Comm - Favorable Recommendation

Yes: 4 • No: 0

House vote 2/25/2026

Senate Comm - Substitute Recommendation

Yes: 3 • No: 0

House vote 2/10/2026

House/ passed 3rd reading

Yes: 72 • No: 0

House vote 1/30/2026

House Comm - Substitute Recommendation

Yes: 8 • No: 0

House vote 1/30/2026

House Comm - Amendment Recommendation

Yes: 8 • No: 0

House vote 1/30/2026

House Comm - Favorable Recommendation

Yes: 8 • No: 0

Actions Timeline

  1. Governor Signed

    3/23/2026
  2. House/ to Governor

    3/16/2026House
  3. House/ received enrolled bill from Printing

    3/16/2026House
  4. House/ enrolled bill to Printing

    3/12/2026House
  5. Enrolled Bill Returned to House or Senate

    3/12/2026
  6. Draft of Enrolled Bill Prepared

    3/10/2026
  7. Bill Received from House for Enrolling

    3/10/2026
  8. House/ signed by Speaker/ sent for enrolling

    3/7/2026House
  9. House/ received from Senate

    3/7/2026House
  10. Senate/ to House

    3/6/2026Senate
  11. Senate/ signed by President/ returned to House

    3/6/2026Senate
  12. Senate/ received from House

    3/6/2026Senate
  13. House/ to Senate

    3/6/2026House
  14. House/ concurs with Senate amendment

    3/6/2026House
  15. House/ placed on Concurrence Calendar

    3/6/2026House
  16. House/ received from Senate

    3/6/2026House
  17. Senate/ to House with amendments

    3/6/2026Senate
  18. Senate/ passed 2nd & 3rd readings/ suspension

    3/6/2026Senate
  19. Senate/ 2nd & 3rd readings/ suspension

    3/6/2026Senate
  20. Senate/ Rules to 2nd Reading Calendar

    3/5/2026Senate
  21. Senate/ 2nd Reading Calendar to Rules

    3/4/2026Senate
  22. Senate/ placed on 2nd Reading Calendar

    2/26/2026Senate
  23. Senate/ comm rpt/ substituted

    2/26/2026Senate
  24. Senate Comm - Favorable Recommendation

    2/25/2026
  25. Senate Comm - Substitute Recommendation

    2/25/2026

Bill Text

  • Enrolled

    3/12/2026

  • Substitute #2

    2/25/2026

  • Amended 2/2/2026 11:02:738

    2/2/2026

  • Substitute #1

    1/30/2026

  • Introduced

    1/15/2026

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