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Colorado LAWS & TAXES
- It is illegal to give, sell, distribute, dispense, or offer for sale a tobacco or nicotine product to any person who is under 18 years of age.1
- It is a class 2 petty offense for a minor to purchase or attempt to purchase a tobacco or nicotine product.1
- Use of a nicotine product is prohibited on school grounds, in and around licensed child care facilities, and on school transportation vehicles.2
- The Colorado Clean Indoor Air Act has been amended to include the use of vapor products under the definition of “smoking.”5
Arvada, Aspen, Avon, Boulder, Boulder County, Breckenridge, Brighton, Broomfield, Carbondale, Centennial, Colorado Springs, Commerce City, Denver, Dillon, Durango, Eagle County, Edgewater, Fort Collins, Fruita, Glenwood Springs, Grand Junction, Greeley, Greenwood Village Lafayette, Lakewood, Longmont, Northglenn, Salida, Snowmass Village, Steamboat Springs, Superior, Timnath, Vail, Wheat Ridge, Windsor and Winter Park additionally prohibit vaping in parks and on trails.
Tobacco/Vapor 21 Law: Federal law passed December 20, 2019 prohibits sales of all tobacco and vapor products to anyone under the age of 21 years old. FDA stated law became effective on that date. States may choose to continue with current age law at the risk of losing federal funding. Aspen, Avon, Basalt, Carbondale, Eagle County, Edgewater have an existing Tobacco 21 law.
Flavor Bans: Federal law prohibits the sale of closed system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol. Additional flavor bans in the state: Aspen, Boulder, Carbondale, Glenwood Springs, Snowmass Village.
- Colorado Rev. Stat. § 39-28.6-103(1) (2022) Gradually increases the tax imposed on nicotine products, including vapor products, starting on January 1st of each calendar year through 2027. 30% of manufacturer’s list price was implemented in 2021; rising to 35% in 2022; 50% in 2023; 56% from 2024 through 2027; and 62% in 2027.
- Summit County has levied a 40% sales tax to be implemented January 2020, followed by a 10% increase annually, resulting in an 80% sales tax on tobacco and nicotine products other than cigarettes by 2024. Pitkin County, Eagle County, Glenwood Springs, Boulder, Crested Butte, Vail and New Castle levy a 40% tax on tobacco and nicotine products other than cigarettes.4
- The tax rate on smoke-free tobacco products are currently taxed at a total rate of 40% of the MLP. Proposition EE, which passed on November 3, 2020, will incrementally raise the statutory tax rate by 22 percentage points by July 2027 for a new total state-levied tobacco products tax rate of 62% of the MLP.2
- LexisNexis – Colorado Legal Resources
- Wikipedia – List of vaping bans in the United States
- The Colorado Sun – Colorado communities do what state lawmakers wouldn’t: Raise taxes on cigarettes, vaping products
Updated February 2023