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current laws & taxes
regulating smokeless tobacco & vapor products
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Illinois CALLS TO ACTION
At the moment, there are five bills in Illinois that would ban or severely restrict the sale, possession, and use of vapor products in flavors other than tobacco. There is also a threat that additional legislation may be introduced that would ban vaping entirely.
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Illinois LAWS & TAXES
- No person shall sell, buy for, distribute samples of or furnish any tobacco product or alternative nicotine product [vapor product] to any minor or adult under 21 years of age. 1
- No minor or adult under 21 years of age shall possess any cigar, cigarette, smokeless tobacco, tobacco in any of its forms or alternative nicotine product [vapor product].1
- E-liquids may only be sold in child-resistant packaging, excluding e-cigarette products sold in “sealed, pre-filled, or disposable replacement cartridges.”2
- Smoking and the use of vapor products is prohibited on public higher education campuses.4
- Illinois’s Clean Indoor Air Act has not been amended to prohibit the use of vapor products where smoking is prohibited.
- The following municipalities have ordinances that prohibit vaping where smoking is prohibited (some exclude bars and restaurants): Arlington Heights, Boone County, Chicago, Deerfield, DeKalb, Elgin, Elk Grove Village, Evanston, Naperville, New Lenox, Oak Park, Ogle County, Palatine, Schaumburg, Skokie, Vernon Hills, Wheaton, Wilmette.5
- Remote sales of electronic cigarettes require third party age verification. This requirement could cause many out-of-state online retailers to refuse to ship to the state.10
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. Illinois already bans the sale of tobacco and vapor products to minors and adults under the age of 21 years old.
Flavor Bans: Federal law prohibits the sale of closed system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol. Chicago prohibits the sale of vapor products in flavors other than “tobacco” flavor. The ordinance exempts flavored cigarettes (menthol,) cigars, smokeless tobacco and hookah products.
- Smoke-free tobacco products are subject to a state excise tax of 36% of wholesale price as well as federal excise taxes (listed below). The tax on Snuff is $0.30 per ounce.3
- Vapor products are taxed at the rate of 15% of the wholesale price of electronic cigarettes sold or otherwise disposed of to retailers or consumers located in this State. In addition to the state tax, residents of Cook County pay 20¢ per mL and residents of the city of Chicago (in Cook County) pay $1.50 per container and $1.20 per mL of liquid nicotine.8,9