Tag Archive for: Delaware

Delaware has carved out a reputation for having some of the most stringent and proactively enforced vaping regulations in the United States. Driven by a strong commitment to public health, particularly the prevention of youth access to and use of nicotine products, the First State has implemented a multi-layered system of laws. This framework encompasses a strict minimum age for purchase, a pioneering and comprehensive ban on flavored vaping products, specific taxation policies, extensive public use prohibitions, and rigorous retailer licensing and sales requirements.

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Delaware lawmakers are advancing legislation to substantially increase taxes on cigarettes, other tobacco products, and vaping items. This push for higher “sin taxes” comes after a proposal by Governor Matt Meyer’s administration to introduce new personal income tax brackets for higher earners was shelved, with House Speaker Melissa Minor-Brown deeming the initial income tax relief for lower earners insufficient.

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Delaware Governor John Carney signed House Bill 118 into law on Wednesday, effectively banning smoking in any vehicle occupied by someone under the age of 18. The new legislation aims to protect minors from the harmful effects of secondhand smoke exposure in the confined space of a vehicle.

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Delaware lawmakers began seriously considering legislation to ban flavored vape juice and oil used in e-cigarettes, a move primarily aimed at curbing the devices’ increasing popularity among minors. This early legislative push reflected growing national and state-level concerns as health departments investigated a rise in vaping-related illnesses, many linked to products containing nicotine and THC.

Democratic lawmakers, including Rep. Krista Griffith (D-Fairfax), were at the forefront of drafting this legislation, which was planned for introduction in early January of the following year. The focus was on preventing the marketing of these products to young people, with Rep. Griffith stating they were “open to ideas” to achieve this. At the time, states like New York were already enacting emergency bans on flavored e-cigarette products (excluding tobacco and menthol).

While Governor John Carney’s office expressed concern about minors’ e-cigarette use and ongoing investigations into vaping-related illnesses, opponents of the proposed ban argued it was an overreach, given existing laws prohibiting sales to minors. Vape shop owners like Sam Chick of Dover feared it set a bad precedent for restricting other flavored consumer products. However, supporters, like Dover resident Rachel Rohm, believed it was a sensible idea to counter the perception that flavored vapes were safe, emphasizing their nicotine content and addictive nature. This 2019 legislative effort laid the groundwork for Delaware’s eventual comprehensive ban on flavored vaping products.