All Roll Calls
Yes: 194 • No: 2
UtahH.B. 3852026 General SessionHouseWALLET
Specialized Product Sales Amendments
Sponsored By: Jennifer Dailey-Provost (Democratic)
Signed by Governor
Department of Agriculture and FoodHealth and Human ServicesCrimesLaw Enforcement and Criminal JusticeState Tax CommissionTobacco and Other Nicotine ProductsAgriculture & FoodElectronic Cigarettes
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Bill Overview
Analyzed Economic Effects
7 provisions identified: 3 benefits, 4 costs, 0 mixed.
New license, fees, and big fines for retailers
Beginning May 6, 2026, any specialized product retailer must hold a state license. Fees are $2,500 for a retail tobacco specialty business, $600 for sellers of cannabinoid, kratom, or other psychoactive non‑GRAS products, and $300 for a general tobacco retailer. Licenses last one year and must be renewed each year. To get licensed, you must show all other required state and local licenses and list owners and controllers (public companies must list anyone with 10%+). The department denies a license if an identified person has a felony in the past 10 years, a crime involving a nicotine product, or any drug‑distribution misdemeanor or felony after Dec 3, 2018. Operating without the required license carries a $50,000 civil fine.
Product list rules and steep penalties
Beginning May 6, 2026, you must give the state a list of specialized products you sell and give at least seven days’ notice before adding a new product. You must also let the state see ingredient lists and provide a product for testing when asked. You may not sell any specialized product that is not on your filed list. Selling an unlisted product triggers a $1,000 fine for each product sold. Discipline escalates: public reprimand (1st), 30‑day suspension (2nd), 60‑day (3rd), 90‑day (4th), and license revocation (5th).
Tax licenses revoked for drug charges
Beginning May 6, 2026, as a condition of certain tax licenses, a business agrees not to store, sell, or try to sell illegally obtained controlled substances. If the Tax Commission gets notice you were charged with possession with intent to distribute, distribution, or sale of a controlled substance, it must revoke each covered tax license you hold.
Rules for underage purchase sting operations
Beginning May 6, 2026, police can have someone under 21 try to buy alcohol, tobacco, vape, nicotine, or THC products to check compliance. Officers must supervise the attempt, tell the cashier and proprietor right after, and issue any citation within seven days. Participants under 18 need written parent or guardian consent. Only state‑issued, officer‑controlled IDs may be used, and attempts are limited per location within 12 months unless there is documented reasonable suspicion. Each check must be reported with the officer, participant, photo, store, and date and time.
License fees fund prevention and enforcement
Beginning May 6, 2026, the department deposits specialized product license fees into the Qualified Patient Enterprise Fund. Of these deposits, 10% goes to tobacco and nicotine prevention. The other 90% supports state lab testing and enforcement by the Department of Agriculture and Food.
Penalties for selling to under 21
Beginning May 6, 2026, if an employee, acting with criminal negligence, sells or gives tobacco, e‑cigarette, or nicotine products to someone under 21, it is unlawful. First violation: an infraction with a fine up to $1,000 or compensatory service. Later violations: a class C misdemeanor with a fine up to $2,000 or compensatory service.
More storefront and print ads for tobacco
Beginning May 6, 2026, dealers may display a sign on the front of the business stating they sell cigarettes, e‑cigarette products, papers, tobacco, cigars, and nicotine products. They can also advertise those items in newspapers or magazines printed or circulating in Utah.
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Sponsors & Cosponsors
Sponsor
Jennifer Dailey-Provost
Democratic • House
Cosponsors
Michael K. McKell
Republican • Senate
Roll Call Votes
Senate vote • 3/6/2026
Senate/ substituted
Yes: 0 • No: 0
House vote • 3/6/2026
House/ concurs with Senate amendment
Yes: 69 • No: 1
Senate vote • 3/6/2026
Senate/ passed 2nd & 3rd readings/ suspension
Yes: 25 • No: 0
House vote • 2/27/2026
Senate Comm - Favorable Recommendation
Yes: 6 • No: 0
House vote • 2/20/2026
House/ passed 3rd reading
Yes: 66 • No: 1
House vote • 2/20/2026
House/ substituted
Yes: 0 • No: 0
House vote • 2/12/2026
House Comm - Favorable Recommendation
Yes: 14 • No: 0
House vote • 2/12/2026
House Comm - Substitute Recommendation
Yes: 14 • No: 0
Actions Timeline
Governor Signed
3/25/2026House/ to Governor
3/16/2026HouseHouse/ received enrolled bill from Printing
3/16/2026HouseHouse/ enrolled bill to Printing
3/12/2026HouseEnrolled Bill Returned to House or Senate
3/12/2026Draft of Enrolled Bill Prepared
3/11/2026Bill Received from House for Enrolling
3/11/2026House/ signed by Speaker/ sent for enrolling
3/11/2026HouseHouse/ received from Senate
3/11/2026HouseSenate/ to House
3/10/2026SenateSenate/ signed by President/ returned to House
3/10/2026SenateSenate/ received from House
3/10/2026SenateHouse/ to Senate
3/6/2026HouseHouse/ concurs with Senate amendment
3/6/2026HouseHouse/ placed on Concurrence Calendar
3/6/2026HouseHouse/ received from Senate
3/6/2026HouseSenate/ to House with amendments
3/6/2026SenateSenate/ passed 2nd & 3rd readings/ suspension
3/6/2026SenateSenate/ substituted
3/6/2026SenateSenate/ 2nd & 3rd readings/ suspension
3/6/2026SenateSenate/ Rules to 2nd Reading Calendar
3/6/2026SenateSenate/ 2nd Reading Calendar to Rules
3/4/2026SenateSenate/ placed on 2nd Reading Calendar
3/2/2026SenateSenate/ committee report favorable
3/2/2026SenateSenate Comm - Favorable Recommendation
2/27/2026
Bill Text
Enrolled
3/12/2026
Substitute #3
3/2/2026
Substitute #2
2/20/2026
Substitute #1
2/12/2026
Introduced
1/26/2026
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