Cigar News: Online Cigar & Tobacco Sales to Hawaii Halted

Hawaii Residents Will No Longer Be Able To Buy Cigars Online

As of July 1, 2023, adult cigar smoking residents of Hawaii will no longer be able to purchase cigars from online retailers. This comes as a result of Hawaii Governor Josh Green, M.D. signing SB975 into law on June 6 of this year. SB975 “establishes the offense of unlawful shipment of tobacco products,” and “amends the license and permit fees for wholesalers, dealers, and retailers.” The bill also “includes electronic smoking devices and e-liquids under the definition of ‘tobacco products’ for purposes of the cigarette tax and tobacco tax law.” The latter tax on electronic smoking devices and vaping liquids will go into effect on January 1, 2024.

“This legislation has been years in the making and I applaud the Department of Health and all the advocates, including youth advocates, who have successfully stewarded this to fruition,” said Governor Green. “This new law is going to improve the health of our young people and will prevent damaging addiction to nicotine for many, many of our keiki [Hawaiian for “children”]. That said, I know we all have more work to do in addressing vaping in our society, especially in our youth culture.”

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Hawaii Governor Josh Green, M.D.(photo: Hawaii.gov)

Bill sponsor, Senator Karl Rhoads (Senate District 13, chair of the Senate Committee on Judiciary), added: “This is an important bill in our battle against vaping and e-cigarette use and will eventually save us many lives because of the people it will divert from using tobacco.”

Although the bill is largely aimed at vaping and e-cigarettes by underage users, these nicotine alternatives have been lumped in with and defined as “tobacco products.” The provision also bars the unlawful shipment of tobacco products, including cigars, into Hawaii by keeping persons under the legal age of 21 from ordering e-cigarettes and other tobacco products online. Therefore, if a seller unlawfully ships into the state, the penalties outlined in the bill are criminal penalties. The penalty can be up to $2000 for a misdemeanor and $10,000 for a class C felony.

Civil fines could possibly be added to those criminal penalties. Moreover, in almost every single statute on the books, if a company has been found to have violated tax laws, or found guilty of a criminal offense, it will be prohibited from being able to be licensed in the state, which is how Hawaii laws are written.

Because the new law essentially serves to prevent online cigar sellers from doing business in the Aloha state, retailers like Famous Smoke Shop will cease shipping to Hawaii beginning July 1, 2023, the day the state’s new law goes into effect. CA