After a sharp and heated debate, Hawaii passed their e-cigarette bill, SB2233, but with one important amendment. They removed the language that would include electronic cigarettes and electronic cigarette accessories in their 70% tobacco tax. The remainder of the bill is that there is now a ban on sales to minors. This comes to much of a relief to the vaping community there, and to retailers that sell these products.

Why E-Cigs Aren't Under the Tobacco Tax

At the most basic level, vaping products will not fall under the steep tobacco tax because they do not contain any tobacco in them. While nicotine is derived from the tobacco plant, it was decided that if one nicotine product that does not contain tobacco is taxed as if it did, then all such products should be taxed that way. This would include nicotine patches and gum, which are technically considered medical devices.

Another strong argument that was presented for not taxing vapor devices is that it has been shown to draw nicotine addicts away from smoking. Additionally, not taxing these products at this rate would prevent local businesses and the state itself from losing money to Internet shopping.

Comments Against Smokeless Cigarettes

Hawaii's Director of the Health Department, Loretta Fuddy, still has misgivings about e-cigarettes. She cited a study that suggests that the cartridges can contain lethal amounts of nicotine. This gives rise to certain fundamental questions of responsible use.

Would a parent leave a pack of cigarettes lying about for a child to get into? Do responsible adults keep their medications—even aspirin and Tylenol out of reach of their children? Do gun-owning parents leave their weapons lying about?