SB 5803

In Committee

Senate

Tobacco & nicotine products

Regulating tobacco and nicotine products.

Introduced (completed)
2
Committee (current stage)
3
Floor Vote (not started)
4
Opposite Chamber (not started)
5
Governor (not started)
6
Signed (not started)

This status may be delayed. See Action History below for the latest updates.

How does a bill become law?

Introduced: The bill is filed and assigned a number.
Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
Governor: The Governor reviews the bill and decides whether to sign or veto it.
Signed: The bill has been signed into law.

Introduced: March 28, 2025

Last Action: January 12, 2026

Status: S Ways & Means

Companion Bill: #2068

View Bill Text (HTML)View Bill Text (PDF)

AI Analysis

This analysis was generated by AI and may contain errors. It is not legal advice. Always refer to the official bill text for authoritative information.

People & CommunitiesBalancedCorporate & Wealthy Interests

This bill bans the sale of all flavored tobacco and nicotine products—including menthol cigarettes, candy- or fruit-flavored vapes, cigars, hookah, and nicotine pouches—and devices with interactive gaming features (e.g., light-up games) in Washington starting July 1, 2027. It also raises cigarette and vapor product taxes, tightens retailer and distributor regulations, and increases enforcement penalties to reduce youth access and addiction. Revenue from new taxes funds youth prevention programs, cancer research, and public health services.

Ban on sale, display, and advertising of all flavored tobacco and nicotine products (including menthol cigarettes, candy- or fruit-flavored vapes, cigars, hookah, and nicotine pouches) and entertainment vapor products (e.g., devices with games like Pac-Man) starting July 1, 2027.
New $2-per-pack cigarette tax starting January 1, 2026, adjusted for inflation every 3 years.
Increase in vapor product tax from 27 cents per milliliter to 95% of taxable sales price, effective January 1, 2026.
Strengthened retailer and distributor licensing, recordkeeping, and inspection requirements under the liquor and cannabis board, with significantly increased penalties for violations—including license suspension or revocation and fines up to $20,000 for repeated offenses.
A statewide prevention and awareness campaign led by the department of health to educate the public about risks of flavored products and addiction, with a sunset date of July 1, 2027.
Prohibition on sale of nicotine analogues (e.g., synthetic nicotine products like Zyn) to prevent industry circumvention of flavor and nicotine bans.

Who is affected

Retailers — Retailers (including convenience stores, gas stations, grocery stores, and tobacco shops) must stop selling flavored tobacco and nicotine products and entertainment vapor products, display new signage, and comply with stricter enforcement and penalties for violations.
Distributors and Wholesalers — Distributors and wholesalers must obtain updated licenses, maintain detailed records, and may face penalties for distributing prohibited products or failing compliance requirements.
Youth and young adults — Youth and young adults—especially those in Black, Hispanic, and other communities historically targeted by tobacco marketing—are the primary intended beneficiaries, as the bill aims to reduce youth initiation and addiction through flavor bans and higher prices.
Manufacturers — Manufacturers of flavored tobacco, nicotine, and entertainment vapor products must stop selling or marketing these products in Washington starting July 1, 2027.

Effective: January 1, 2026Fiscal impact: The bill increases state revenue through higher cigarette taxes ($2 per pack starting in 2026, adjusted for inflation every 3 years), higher vapor product taxes (95% of taxable sales price instead of per-milliliter), and higher tobacco product taxes (95% of taxable sales price). Revenue is directed to the youth tobacco and vapor products prevention account (up to $5 million annually from cigarette tax) and the Andy Hill cancer research endowment fund match transfer account and foundational public health services account (50% of vapor tax up to $25 million/year), with remaining funds going to the general fund.

Model: Intel/Qwen3-Coder-Next-int4-AutoRoundGenerated: Mar 19, 2026, 9:20 PM

Pro/Con Analysis

Potential Benefits (4)

The ban on flavored tobacco and nicotine products is expected to significantly reduce youth initiation and addiction, as flavored products are the primary entry point for young people into tobacco use, thereby improving long-term public health outcomes.
Public SafetyPeopleRef: Sec. 1, Sec. 4
Revenue generated from the new cigarette and vapor product taxes is directed to youth tobacco prevention programs, cancer research, and public health services, which will fund initiatives to reduce tobacco-related disease and improve community health resources.
HealthcarePeopleRef: Sec. 21, Sec. 25
The ban on entertainment vapor products, which feature interactive gaming elements, removes a specific marketing tool that appeals to youth, reducing the novelty and appeal of vaping devices to younger demographics.
Public SafetyPeopleRef: Sec. 1, Sec. 4
Increased enforcement penalties and stricter licensing requirements for retailers and distributors will deter illegal sales of tobacco and vapor products to minors, ensuring that age restrictions are more consistently enforced across the state.
Public SafetyLean peopleRef: Sec. 12, Sec. 19

Potential Concerns (4)

The bill significantly increases the cost of legal tobacco and vapor products by adding a $2 per pack cigarette tax and raising the vapor product tax to 95% of the sales price, which will raise retail prices for all adult consumers of these products.
FinancialLean industryRef: Sec. 21, Sec. 25, Sec. 30
Retailers and distributors face substantially increased compliance burdens, including license fees rising to $1,000 per location and strict recordkeeping requirements, while penalties for violations have been doubled or tripled, increasing operational costs and financial risk for small tobacco retailers.
Business & EmploymentLean industryRef: Sec. 12, Sec. 19, Sec. 22, Sec. 23, Sec. 33, Sec. 34
The ban on all flavored tobacco and nicotine products, including menthol, restricts the purchasing choices of adult smokers who prefer these products, forcing them to switch to unflavored alternatives or cease use, which may be less appealing or effective for their specific needs.
Rights & LibertiesRef: Sec. 4
The prohibition on nicotine analogues, such as synthetic nicotine products, may drive consumers to purchase unregulated or illicit products from unlicensed sources, potentially increasing exposure to unsafe substances and reducing the effectiveness of public health monitoring.
Public SafetyLean industryRef: Sec. 20

Who Is Most Affected

Youth and young adultsPositive Impact
Youth and young adults are the primary intended beneficiaries, as the ban on flavored products and higher prices are designed to reduce initiation and addiction, leading to better long-term health outcomes.
Tobacco and vapor product retailersNegative Impact
Retailers face increased compliance costs, higher license fees, and stricter penalties for violations, which may reduce profit margins and increase the risk of license suspension or revocation for non-compliance.
Tobacco and vapor product manufacturersNegative Impact
Manufacturers of flavored tobacco, nicotine, and entertainment vapor products will lose a significant portion of their Washington market, forcing them to reformulate products or exit the state, which impacts their revenue and market strategy.
State government and public health agenciesPositive Impact
The state government benefits from increased tax revenue, which is directed to public health and cancer research funds, enhancing the state's capacity to address tobacco-related health issues and fund preventive programs.
Adult tobacco and vapor product consumersMixed Impact
Adult smokers who prefer flavored or menthol products will face reduced product availability and higher prices, which may lead to decreased consumption or a switch to unflavored products, but also restricts their consumer choice.