AlaskaSB 2434th Legislature - First Session (2025)SenateWALLET

TOBACCO/NICOTINE/E-CIG AGE; E-CIG TAX

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 0 benefits, 0 costs, 5 mixed.

Retailer age rules, signs, vending

Beginning 2026-01-01, it is illegal to sell or give tobacco, nicotine, or e‑cigarette products to anyone under 21. Shops with the endorsement must post a clear 8.5x11 inch sign stating sales to under‑21 customers are illegal. Employees who are 19 or 20 may sell these products as part of their job at an endorsed business. Vending machines are allowed only if constantly supervised on certain licensed premises, or in employee‑only areas with an 11x14 inch warning sign. The law also repeals a prior subsection to align and update these rules.

Stronger enforcement on tobacco sellers

Beginning 2026-01-01, the department can suspend your tobacco/nicotine endorsement after written notice; suspension starts in 30 days unless you request a hearing. An administrative law judge decides the case. You can cut the suspension if, before the violation, you had a written no‑sale policy to under‑21, staff training, ID checks, signed acknowledgments, discipline, and monitoring. If an employee is convicted of an under‑21 sale, it is presumed negligent, but you can rebut it with clear and convincing evidence.

Safer e-cigarettes and youth marketing ban

Beginning 2026-01-01, e‑cigarette products must meet safety rules: nicotine capped at 70 mg/ml, child‑ and tamper‑proof packaging, no added vitamins or additives that imply health benefits, and labels listing ingredients and nicotine content. It is also illegal to market e‑cigarettes in ways likely to promote use by people under 21.

Under-21 possession fines and defenses

Beginning 2026-01-01, people under 21 cannot possess tobacco, nicotine, or e‑cigarette products. A violation can cost up to $300 each time, and you can ask for a tobacco education program instead of a fine. Ages 18–20 may resolve a ticket by paying a set bail amount; under 18 must appear in court. Minors are handled in district court and a parent or guardian must attend. There is a defense if the product is FDA‑approved for quitting tobacco or medical use and was prescribed, given by a parent, supplied by a state cessation program, or provided by a pharmacist as allowed by law.

E-cigarette tax sales price defined

Beginning 2026-01-01, the law defines “sales price” for e‑cigarette taxes as the total paid, excluding certain discounts and separately stated interest and taxes. It also defines closed single‑use products and who counts as a retailer. These definitions help businesses calculate taxes and follow the rules.

Sponsors & Cosponsors

Sponsor

Gary Stevens
Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 15 • No: 5

Senate vote • 5/12/2025

PASSED Y15 N5