Bill > SB1436

This bill seeks to repeal Section 328J-11.5 of the Hawaii Revised Statutes, which previously prevented counties from creating their own regulations on the sale of cigarettes, tobacco products, and electronic smoking devices. The bill aims to restore local governments' authority to implement more stringent ordinances than state statutes in response to what the legislature describes as an epidemic of youth vaping. The legislative findings highlight alarming statistics about youth nicotine use, including that 32% of public high school students and 13% of middle school students have tried electronic smoking devices, with some counties experiencing even higher rates. The bill argues that the current statewide uniform regulation limits counties' ability to quickly address the tobacco industry's marketing tactics and protect public health. By removing the preemption clause, counties will once again have the flexibility to create local regulations that may be more restrictive than state laws regarding the sale and access to tobacco and electronic smoking products. The bill will take effect immediately upon approval and does not impact any rights, penalties, or proceedings that existed before its enactment.

Health and Social Services

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=1436&year=2026