Ohio Cities can Create Vape, Tobacco Laws After Veto

The governor of the U.S. state of Ohio, Mike DeWine, vetoed legislation Thursday that would have stopped Ohio cities from strengthening their anti-vaping and anti-tobacco laws.

“This measure is not in the public interest, therefore, just a few minutes ago, I vetoed this bill, “ DeWine announced Thursday morning at a news conference.

Lawmakers had passed the legislation during the lame duck session of the Ohio General Assembly mere days after Columbus officials voted to ban the sale of flavored and menthol tobacco products in the state’s largest city, starting in 2024.

During the nearly 17-hour marathon debate session last month, lawmakers argued allowing cities to make tobacco rules could cause cities like Cleveland, Cincinnati and Columbus to ban anything considered unhealthy.

Opponents argued that the state proposal would have acted as a broader “preemption” law, stopping cities from passing local ordinances beyond state law on new fees or taxes on tobacco products or raising the age to buy them, according to Cleveland.com.

Speaking to reporters, DeWine said Ohio is in the midst of an epidemic where a growing number young people are starting to “vape” or smoke e-cigarettes at younger ages.

Defenders of preemption laws often cite a need for uniformity in laws across the state and an aversion to a patchwork of different rules in different Ohio cities. DeWine said young people’s lives are more important than uniformity.

As of September last year, 24 states have laws preempting local ordinances restricting sales of tobacco to young people, according to the CDC. Both state and federal law prohibit vendors from selling tobacco products to anyone younger than 21.