Last minute Washington bills ban flavored tobacco and nicotine, add $2 cigarette hike

Washington state lawmakers are rolling out a one-two legislative punch with twin bills aiming to snuff out flavored tobacco and light up taxes on cigarettes. It’s a move meant to curb youth tobacco use and tackle the growing health risks tied to nicotine products.

House Bill 2068 and its Senate counterpart, SB 5803, go after everything from menthol cigarettes to trendy nicotine pouches like Zyn. At the core, both bills propose the same thing: a statewide ban on the sale of all flavored tobacco and nicotine products — that means e-cigarettes, chewing tobacco, hookah, cigars, menthols, and those sleek little nicotine pouches. If it’s flavored and not just plain ol’ tobacco? It’s out.

Flavored tobacco in Washington could take a hit

Menthol — long marketed as the “cool” and smoother option — is squarely in the crosshairs. Supporters of the bills point to research showing menthol makes it easier to start smoking and much harder to quit, especially among youth and communities of color.

But banning flavors is just the start. The bills also bring the heat on cigarette pricing. They propose slapping an extra $2 in tax on every pack of cigarettes. If passed, Washington would leap into the top tier of states with the highest cigarette taxes going from $3.025 per pack to $5.025.

And it’s not a one-and-done deal — the tax would be tied to inflation and adjusted every three years to keep pace with rising costs.

Other tobacco and vapor products, including alternative nicotine options like Zyn, would also see steep tax hikes — up to 95% of the product’s taxable sales price. That’s no small change for regular users.

Washington bill looks to generate tens of millions of dollars

So far, there’s no official fiscal note on HB 2068, but analysts say it could generate tens of millions of dollars in new tax revenue each year. It’s just one of several last-minute bills Democrats have floated to help patch a projected $16 billion budget deficit over the next four years.

Representative Christine Reeves (D-Federal Way) opened Monday’s public hearing on HB 2068 with a deeply personal story: her mother died from tobacco-related cancer, and Reeves herself suffers from secondhand smoke exposure.

“My mom started smoking when she was nine, and unfortunately, those products ended up causing her to have cancer. She died at 60 because of her lifelong use of these products,” Reeves said.

She added that the bill also includes tax policies to fund youth prevention and adult cessation programs. And as for concerns that folks might just hop over to Idaho or buy from tribal lands to get their fix?

“I think any economist will tell you that, in seeking their addictive behavior, folks will find ways to address that,” she said. “But my goal is not to help generate revenue for Idaho or for the tribes — it’s to prevent our kids from accessing these tobacco products.”

Supporters say bill would have positive impact on public health

Supporters — including school principals and public health officials — say the bill could be a game-changer for public health. They point to data like 83,000 annual smoking-related deaths in Washington.

Casey Brown, representing the Association of Washington School Principals, backed the bill and flagged the ongoing vaping crisis in schools.

“When kids get addicted, it creates issues at school. They meet up in restrooms to vape, toss their vape pens in the toilets, and force already-overloaded school staff to step in with even more discipline,” he said.

Opponents argue bill will lead to smuggling

Opponents — including tobacco industry reps and retail groups — pushed back hard. They warned about the regressive nature of the tax, lost revenue, and a likely spike in smuggling and black-market sales.

Lamont Robinson, who identified himself as an African American menthol smoker, said the ban would unfairly impact Black adults, who disproportionately prefer menthols.

“We’ve already seen illicit markets grow in response to similar bans in places like Massachusetts and California,” he told lawmakers. “Who loses the most? Small business owners — many of them pillars in the African American community.”

Sean da Silva, a member of Washington Smoke Free and a vape shop owner, also testified. He argued that flavored vapes and combustible cigarettes are two totally different beasts.

“Vaping isn’t the same as smoking. It’s far safer,” he told the committee. “We sell to adults. Adults want flavors — they don’t want to taste tobacco. They want to quit tobacco.”

The bill would also stiffen penalties for selling nicotine products to anyone under 21, making it a gross misdemeanor.

Recent polling shows the public might be on board. A survey by FM3 Research found that 63% of Washingtonians support ending the sale of flavored tobacco products. An overwhelming 86% view tobacco companies unfavorably, and 80% are concerned about young people using e-cigarettes or nicotine pouches.

SB 5803 has been introduced in the Senate, but as of now, no public hearing has been scheduled.

Matt Markovich is the KIRO Newsradio political analyst. Follow him on X.

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