HONOLULU — Gov. Josh Green signed into a law Tuesday an act that establishes the offense of unlawful shipment of tobacco products and includes vaping products under the definition of “tobacco products” for the purposes of the existing cigarette and tobacco tax law.

What You Need To Know

  • Supporters say the new law is a necessary step in addressing a worldwide epidemic of youth vaping
  • In addition to establishing the new unlawful shipment offense and defining vaping products as tobacco products, the new Act 62 amends the license and permit fees for wholesalers, dealers and retailers and imposes an excise tax on each electronic smoking device or e-liquid sold, used or possessed by a wholesaler or dealer

  • It also repeals the electronic smoking device retailer registration unit under the Department of the Attorney General

  • Rep. Scot Matayoshi, chair of the House Committee on Labor and Government Operations, called the measure a “step in the right direction” in the effort to curb the problem of youth vaping

“This legislation has been years in the making, and I applaud the Department of Health and all the advocates, including youth advocates, who have successfully stewarded this to fruition,” said Green. “This new law is going to improve the health of our young people and will prevent damaging addiction to nicotine for many, many of our keiki. That said, I know we all have more work to do in addressing vaping in our society, especially in our youth culture. I know that the Health Department and my former colleagues in the Senate and House are going to stay focused on this as part of their ongoing efforts for the health and safety of the people of Hawaii.”

Supporters say the new law is a necessary step in addressing a worldwide epidemic of youth vaping.

“The explosion of youth vaping over the last 10 years has caused a health crisis in our schools and communities,” said state Sen. Jarrett Keohokalole, chair of the Senate Committee on Commerce and Consumer Protection. “Senate Bill 975 takes aim at the youth vaping epidemic by concentrating enforcement on the unregulated local and online vape market. This bill will reduce access and availability of electronic smoking devices to children and teens and stem the tide of vaping addiction overwhelming our schools.”

In addition to establishing the new unlawful shipment offense and defining vaping products as tobacco products, the new Act 62 amends the license and permit fees for wholesalers, dealers and retailers and imposes an excise tax on each electronic smoking device or e-liquid sold, used or possessed by a wholesaler or dealer. It also repeals the electronic smoking device retailer registration unit under the Department of the Attorney General.

“This is an important bill in our battle against vaping and e-cigarette use and will eventually save us many lives because of the people it will divert from using tobacco,” said Sen. Karl Rhoads, chair of the Senate Committee on Judiciary, who introduced the bill.

Hawaii Pacific Health pediatrician Bryan Mih, medical director of the Kapiolani Smokefree Families Program, characterized the act as public policy that has a direct impact on community health.

“The science is clear that having appropriate taxes helps reduce the initiation of nicotine-containing products, especially for young people,” Mih said. “We now have a new law that will help reduce exposure to harmful chemicals and decrease the number of young people and children becoming lifetime nicotine addicts.”

Rep. Scot Matayoshi, chair of the House Committee on Labor and Government Operations, called the measure a “step in the right direction” in the effort to curb the problem of youth vaping.

“We received overwhelming youth testimony in support of stricter measures on these nicotine products,” he said. “By making vaping products more expensive, we make them less accessible to children and adults, lowering the negative health impact on our community.”

One of the most committed and enduring youth advocates has been Josh Ching, a college sophomore whose work promoting a tobacco-free lifestyle started when he was a freshman at Kamehameha Schools.

“This has been a rewarding session for me and for all of my fellow youth advocates,” said Josh Ching, who was named the 2022 National Youth Advocate of the Year by the Campaign for Tobacco-Free Kids. “There is a lot more work ahead, but I’m committed to the fight against profiteering industries like Big Tobacco and for a healthy future grounded in aloha—because that’s what it means to be Hawaiian.”

Retired Sen. Rosalyn Baker, a longtime advocate of anti-tobacco legislation, also attended the signing ceremony.

“This is going to save lives,” Baker said. “This is such an important bill, to safeguard young people who may be attracted to vaping. It is important to have regulation to keep our citizens safe and healthy.”