SB2509

SECTION 1. The legislature finds that tobacco use remains the leading cause of preventable death in the United States, including Hawaii. The legislature further finds that there has been a precipitous increase in recent consumer sales of electronic smoking devices, sometimes called "vapes" or "e-cigarettes," which contain significantly higher levels of nicotine per inhalation compared to conventional cigarettes. These devices have been linked to severe lung disease, potential harm to brain development, and acute nicotine poisoning.

The legislature finds that counties are uniquely positioned to quickly address the health habits of their communities, such as youth vaping, and have been utilizing that ability to great success. Historically, Hawaii has passed forward-thinking legislation to address the high usage of tobacco products. These policies were first adopted at the county level to quickly address the counties' need to protect their communities from the relentless promotional targeting by tobacco companies. Regulations to raise the minimum age for the purchase of tobacco products to twenty-one years of age was first passed in the county of Hawaii, followed by other counties, and finally by the State to create uniformity. Likewise, laws that prohibit smoking in certain locations, as well as in motor vehicles when a keiki is present, were also initially adopted at the county level before the State took action.

The legislature acknowledges that section 328J-11.5(a), Hawaii Revised Statutes, provides that "[s]ales of cigarettes, tobacco products, and electronic smoking devices are a statewide concern" and that it is "the intent of the legislature to regulate the sale of cigarettes, tobacco products, and electronic smoking devices in a uniform and exclusive manner." Section 328J-11.5(b), Hawaii Revised Statues, preempts "[a]ll local ordinances or regulations that regulate the sale of cigarettes, tobacco products, and electronic smoking devices" and voids "existing local laws and regulations conflicting with" chapter 328J, Hawaii Revised Statutes, which is the state law that regulates smoking. The tobacco industry has historically used preemption as a tactic to prevent local governments from adopting stronger tobacco control measures, thereby protecting its interests at the expense of public health.

Section 328J-11.5(c), Hawaii Revised Statutes, carves out an exception to the exclusivity of state regulations by setting forth that nothing in chapter 328J, Hawaii Revised Statutes, "shall be construed to limit a county's authority" to adopt ordinances; provided that the ordinance is more stringent than state law. The legislature acknowledges that the language in section 328J-11.5, Hawaii Revised Statutes, read together with section 328J-15, Hawaii Revised Statutes, may create an ambiguity in the effectiveness of county ordinances that are not in conflict with chapter 328J, Hawaii Revised Statutes, and the authority given to the counties in adopting ordinances that regulate the sale of cigarettes, tobacco products, and electronic smoking devices in their communities.

The legislature finds that an adaptive regulation system is needed to address the multibillion-dollar marketing campaigns of tobacco companies focused on our youth. All levels of government, including counties, need to collaborate to quickly address the tobacco companies' predatory practices through the implementation of reasonable restrictions on the sale of and access to these addictive products.

Accordingly, the purpose of this Act is to:

(1) Repeal the law that provides that all local ordinances or regulations that regulate the sale of cigarettes, tobacco products, and electronic smoking devices are preempted and that existing local laws and regulations conflicting with the state law on smoking are null and void; and

(2) Clarify that counties retain the authority to adopt ordinances that regulate the sale of cigarettes, tobacco products, and electronic smoking devices, as long as the ordinances do not conflict with and are more stringent than the state law on smoking.

SECTION 2. Section 328J-11.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§328J-11.5[]] Statewide concern. (a) Sales of cigarettes, tobacco products, and electronic smoking devices are a statewide concern. It is the intent of the legislature to regulate the sale of cigarettes, tobacco products, and electronic smoking devices in a uniform [~~and exclusive~~] manner[.] to the extent reasonably possible.

[(b) All local ordinances or regulations that regulate the sale of cigarettes, tobacco products, and electronic smoking devices are preempted, and existing local laws and regulations conflicting with this chapter are null and void.]

[~~(c)~~] (b) Nothing in this chapter shall be construed to limit a county's authority [~~under~~] to enact ordinances that regulate the sale of cigarettes, tobacco products, and electronic smoking devices within the county in accordance with section 328J-15."

SECTION 3. Section 328J-15, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Nothing in this chapter shall prohibit a county from enacting ordinances that regulate the sale of cigarettes, tobacco products, and electronic smoking devices within the county; provided that the ordinances do not directly conflict with and are more stringent than the provisions of this chapter."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	By Request

THE SENATE	S.B. NO.	2509
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII