Hawaii tobacco and nicotine laws
What Hawaii has enacted on tobacco and nicotine, what each law requires, and what the bills still moving would do. Hawaii is one of 37 states that enacted a tobacco and nicotine law in the 2025 and 2026 sessions.
- Bills in scope
- 21bills in scope
- Past committee
- 10past committee
- Most recent action
- 10 July 2026most recent action
Tobacco and nicotine laws enacted in Hawaii
4 tobacco and nicotine laws enacted in the Hawaii Legislature in the 2025 and 2026 sessions, newest first. Each links to the legislature's own page.
What it requires: Cigarettes and tobacco products unlawfully possessed, kept, stored, received, held, owned, acquired, retained, transported, imported, distributed, sold, or offered for sale in violation of chapter 245 shall be forfeited as contraband and destroyed. The department of taxation and attorney general may inspect operations, premises, storage areas, and records of entities engaged in cigarette or tobacco product sales, and may seize cigarettes, tobacco products, stamps, counterfeit stamps, vehicles, vending machines, and related property found in violation.
Excise taxes and stamps
What it requires: Manufacturers of electronic smoking devices and e-liquids sold in Hawaii must certify annually to the department of the attorney general, starting October 1, 2026, that they have FDA marketing authorization and comply with state and federal law. Dealers, distributors, importers, retailers, wholesalers, and similar intermediaries must not acquire, possess, transport, keep, sell, or offer for sale such products unless listed in the department's directory.
Vapor product directories
What it requires: Beginning January 1, 2027, any person or entity is prohibited from selling, offering for sale, or distributing disposable electronic smoking devices. A disposable electronic smoking device is defined as a non-refillable electronic product with a non-rechargeable battery intended for single use that delivers nicotine or other substances, excluding devices with FDA marketing granted orders.
Flavor bans and product standards
What it requires: Wholesalers or dealers must pay an excise tax of 18.00 cents per cigarette or little cigar sold, used, or possessed on and after January 1, 2026. Tax revenues must be deposited into specified special funds for cancer research, trauma systems, community health centers, and emergency medical services according to statutory percentages.
Excise taxes and stamps
Tobacco and nicotine in Hawaii, by topic
Excise taxes and stamps
7 bills, 2 enacted. Enacted in 20 states.
Flavor bans and product standards
6 bills, 1 enacted. Enacted in 4 states.
Vapor product directories
3 bills, 1 enacted. Enacted in 8 states.
Escrow, marketing and smoke-free rules
3 bills. Enacted in 11 states.
Online and delivery sales
2 bills. Enacted in 5 states.
Licensing
1 bill. Enacted in 18 states.
Minimum age and youth access
1 bill. Enacted in 13 states.
Tobacco and nicotine bills in Hawaii
The bills not yet law, furthest along first, with what each would do.
4Enacted
6Past committee
11Introduced or inactive
21 bills in scope
Past committee
6
What it would do: Prohibits any person or entity from selling, offering for sale, or distributing disposable electronic smoking devices in Hawaii beginning January 1, 2027, with violations subject to daily fines.
What it would do: Repeals section 328J-11.5 of Hawaii Revised Statutes, which preempted local ordinances regulating the sale of cigarettes, tobacco products, and electronic smoking devices, thereby restoring counties' authority to adopt more stringent regulations than state law.
What it would do: Amends Hawaii's cigarette and tobacco excise tax by establishing a new tax rate effective January 1, 2026, and revises revenue disposition provisions beginning July 1, 2025, with specific percentages or dollar amounts to be allocated to cancer research, trauma, community health, and emergency medical services funds.
What it would do: Repeals Hawaii Revised Statutes section 328J-11.5, which declared the sale of cigarettes, tobacco products, and electronic smoking devices a statewide concern and preempted all local ordinances regulating such sales, thereby allowing counties and cities to enact their own regulations on these products.
What it would do: Beginning January 1, 2026, prohibits retailers from selling, offering for sale, or possessing with intent to sell flavored nicotine products, nicotine product flavor enhancers, or mislabeling e-liquid products as nicotine-free, with fines of $100 to $1,000 per violation.
What it would do: Increases the cigarette tax from 16 cents to 18 cents per cigarette effective January 1, 2026, and allocates the 2-cent increase to the Hawaii cancer research special fund for research, operations, and capital expenditures.
Introduced or inactive
11
What it would do: Increases the excise tax on electronic smoking devices and e-liquids from 70 percent to 90 percent of wholesale price for sales after January 1, 2027, and directs 22 percent of resulting tax revenue to the Hawaii cancer research special fund.
What it would do: Repeals state preemption of local tobacco regulations and clarifies that counties may enact ordinances regulating cigarette, tobacco product, and electronic smoking device sales if ordinances are more stringent than state law.
What it would do: Amends the unlawful shipment of tobacco products offense to exclude large cigars and pipe tobacco shipped to persons 21 years or older for personal consumption only, effective January 1, 2026.
What it would do: Prohibits retailers from selling flavored tobacco products, including menthol and cooling sensation products, and mislabeling nicotine-containing e-liquids as nicotine-free, effective July 1, 2026, with fines of $100-$1,000 per violation.
What it would do: Establishes a vaping store registry requiring all retailers and distributors of electronic smoking devices and e-liquids to register annually with the department of health beginning January 1, 2026, paying a $250 annual fee, and authorizes inspections and enforcement with fines up to $5,000 per violation.
What it would do: Requires manufacturers of electronic smoking devices and e-liquids containing nicotine to certify annually by August 1, 2025, that products have FDA marketing authorization, and establishes a state directory of approved products; prohibits sale of unlisted products beginning October 1, 2025, with civil penalties up to $10,000 per product for violations.
What it would do: Establishes a definition for premium cigars distinct from large cigars and excludes them from percentage excise tax, instead imposing a 50 cents per premium cigar excise tax on wholesalers and dealers on or after January 1, 2026.
What it would do: Repeals state law preempting county tobacco regulations and clarifies that counties may enact ordinances regulating cigarette, tobacco product, and electronic smoking device sales if the ordinances are more stringent than state law.
What it would do: Amends Hawaii's cigarette and tobacco tax law to clarify that the mail order shipment exemption applies only to large cigars, and to specify conditions under which tobacco product shipments are exempt from state taxes.
What it would do: Requires the Hawaii Department of Health to determine safe nicotine standards for products sold in Hawaii to prevent addiction, and directs the Department of Commerce and Consumer Affairs to restrict sales of products exceeding those standards.
What it would do: Prohibits sale, possession, and consumption of tobacco products and electronic smoking devices by persons born on or after January 1, 2005, effective January 1, 2026, with penalties including fines and community service.
Bill titles link to the Hawaii Legislature's own page.
What counts as tobacco and nicotine legislation
In scope: Flavor bans and product standards; vapor product directories; licensing; excise taxes and stamps; minimum age and youth access; online and delivery sales; nicotine pouches and new products; and escrow, marketing and smoke-free rules.
Questions
Does Hawaii have a tobacco and nicotine law?
Yes. Hawaii enacted 4 tobacco and nicotine laws in the 2025 and 2026 sessions, among them SB 3076, HB 1573 and SB 2175. Each is listed on this page with what it requires.
When do Hawaii's tobacco and nicotine laws take effect?
HB 1573 on 1 July 2026. The others have no single date in their text.
Which tobacco and nicotine bills are moving in Hawaii?
6 bills not yet law have passed a committee or a chamber, the furthest along HB 2121 (passed chamber), HB 1563 (passed chamber) and HB 1085 (passed chamber).
What does Hawaii legislate on most in tobacco and nicotine?
Excise taxes and stamps (7 bills), Flavor bans and product standards (6 bills) and Vapor product directories (3 bills).
Are these summaries reviewed by a lawyer?
No. Which bills count as Tobacco and nicotine bills, and the line on what each law requires or each bill would do, are drafted by software from the bill's own text and not reviewed by an attorney. Every bill links to the legislature's own record: read the text before relying on it. The list covers bills from the 2025 and 2026 sessions.
Other practice areas in Hawaii
- AI in Hawaii49
- Alcohol in Hawaii30
- Cannabis in Hawaii46
- Children's Online Safety in Hawaii11
- Cybersecurity in Hawaii4
- Data center and energy in Hawaii2
- Data Privacy in Hawaii24
- Employment in Hawaii134
- Healthcare in Hawaii201
- Insurance in Hawaii190
- Intellectual Property in Hawaii10
- Packaging and PFAS in Hawaii36
- Payments and fintech in Hawaii13
- Rental housing in Hawaii39
- Transportation in Hawaii20
- All jurisdictions
Tobacco and nicotine legislation in other jurisdictions
51 more currently hold bills in this tracker
- New Jersey50
- New York49
- West Virginia31
- Mississippi22
- Montana20
- Texas20
- Iowa19
- Illinois19
- Indiana19
- Virginia18
- Connecticut16
- Massachusetts15
- Michigan15
- Missouri15
- Maryland14
- Tennessee13
- Washington13
- Kentucky12
- Oklahoma12
- Louisiana11
- Congress11
- Arizona10
- Nebraska10
- South Dakota10
- Utah10
- Florida9
- California8
- Georgia8
- New Hampshire8
- Oregon8
- Wisconsin8
- Maine7
- North Carolina7
- Pennsylvania7
- Rhode Island7
- Arkansas6
- Alabama5
- Idaho5
- Puerto Rico5
- South Carolina5
- New Mexico4
- Wyoming4
- Alaska3
- Colorado3
- Delaware3
- Kansas3
- Nevada3
- Ohio3
- Minnesota2
- North Dakota2
- Vermont2
Know when Hawaii's tobacco and nicotine law changes
An alert when a bill moves, and one report a month on what changed in every state and Congress.