Nevada Considers Generational Ban on Cigarette Sales

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Nevada cigarette sales ban

Nevada lawmakers are considering a groundbreaking proposal that would permanently ban the sale of cigarettes to anyone born after December 31, 2004, with the exception of certain casinos. The bill, Assembly Bill 279, is a sweeping effort to cut down on future combustible tobacco use and phase out the sale of the most harmful nicotine products.

Sponsored by Assemblymember David Orentlicher, D-Las Vegas, the bill allows for the continued sale of cigars, chewing tobacco, and nicotine-based vape products to anyone age 21 or older. Orentlicher, a UNLV law professor focused on health law, was inspired by the idea of banning the most dangerous version of a product, citing examples like removing lead from paint or asbestos from insulation.

There are these alternative ways to get nicotine that aren’t nearly as harmful,” Orentlicher said. “We should ban the most harmful; and especially important about cigarettes is, not only are they the most harmful — but they’re different order (of) magnitude.

Casinos Exempted from Ban

The bill includes a notable loophole: cigarette sales to those born after December 31, 2004, can continue at gaming establishments with a nonrestricted license, which primarily refers to larger casinos. Orentlicher explained that this exemption is intended to allow tourists to continue buying cigarettes, drawing comparisons to a similar exemption for hotels in Beverly Hills’ tobacco sales ban.

While no other states have enacted a generational cigarette sales ban, some communities, such as Brookline, Massachusetts, have implemented similar measures, with their ban being upheld by the state’s Supreme Judicial Court in March 2024.

Concerns and Opposition

During the bill’s April 1 hearing, some legislators raised concerns about whether the ban and its casino exemption would drive people to gaming establishments solely to purchase cigarettes, potentially exposing them to other risks. Presenters emphasized that fewer cigarette purchasing locations would lead to a decline in smoking rates, even with exempted locations.

The bill faced opposition from various stakeholders, including smoke shop owners who worry about the impact on their revenue while larger casinos maintain their sales. Others argued that the bill would create “two classes of adults” and that the government should not dictate what legal products adults can consume, especially given the low smoking rates among young people.

Some tobacco-free advocates, such as the Nevada Tobacco Control & Smoke-free Coalition, also opposed the bill, stating that comprehensive tobacco policy should treat all products and locations equally. Megan Boelter, a board member of the coalition, noted that younger people already purchase more vape products than cigarettes and that the bill should incorporate all products if it aims to be truly effective.

Matthew Ma
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