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Colorado CALLS TO ACTION
The Loveland City Council is moving forward with proposals to regulate vapor products. There are two ordinances that would require all tobacco/vapor retailers to be licensed through the city. One of these ordinances, 6443(A), includes a ban on sales of any flavored tobacco or nicotine products.
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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
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 Proposition EE (the “Tobacco and E-Cigarette Tax Increase for Health and Education Programs Measure,”) was on the ballot in Colorado as a legislatively referred state statute and approved by voters on November 3, 2020. The rate will begin at 30% of the manufacturer’s list price (MLP) in 2021 and increased gradually to 62% of MLP by July 2027.2
- 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
- Ballotpedia – Colorado Prop EE (2020)
- 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 August 2021