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Kansas CALLS TO ACTION
Kansas HB 2061 would ban flavors, prohibit vaping where smoking is banned, and raise the age to purchase all tobacco and nicotine products from 18 to 21. The Kansas legislature is anticipating a shortened session this year due to COVID-19. As a consequence, bills may move through a normally slow and deliberative process at a break-neck speed.
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Kansas LAWS & TAXES
- It is unlawful to sell, furnish or distribute cigarettes, electronic cigarettes or tobacco products to any person under 18 years of age.3
- It is unlawful for a person under 18 years of age to purchase or attempt to purchase cigarettes, electronic cigarettes or tobacco products.3
- Each person engaged in the business of selling cigarettes or electronic cigarettes in the state of Kansas shall obtain a license.4
- Kansas’ Clean Indoor Air Act has not been amended to prohibit the use of vapor products where smoking is prohibited. However, vaping is prohibited on all Department of Corrections property and grounds.5
- The following municipalities have ordinances that prohibit vaping where smoking is prohibited (some exclude bars and restaurants): Eudora, Hutchinson, Olathe, Overland Park, Park City, Topeka, Wyandotte County.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. Bonner Springs, Douglas County, Garden City, Holcomb, Iola, Johnson County, Kansas City/Wyandotte City, Lansing, Leavenworth, Leawood, Lenexa, Merriam, Mission Hills, Olathe, Overland Park, Parsons, Peculiar, Prairie Village, Raymore, Roeland Park, Shawnee County, Topeka (Pending court challenge), Westwood Hills and Westwood currently prohibit sales to persons under 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.
- A tax is imposed “upon the privilege of selling or dealing in electronic cigarettes,” at the rate of 5¢ per milliliter of consumable material for electronic cigarettes.1
- Smoke-free tobacco products are subject to a state excise tax of 10% of the wholesale price.2