Tag: Mississippi

  • More States Set Sights on Synthetic Nicotine Sales

    More States Set Sights on Synthetic Nicotine Sales

    Georgia, Maryland and Mississippi legislators recently introduced bills in their respective states that would only allow the sale of vapor products that are authorized by or pending authorization from the U.S. Food and Drug Administration, according to a Filter article.

    Credit: Billion Photos

    The pieces of legislation would also establish directories to inventory authorized vapor products, which would eventually be made public. On the surface, these bills look like they are reiterating what the FDA is already doing through its premarket tobacco product application (PMTA) process, through which the FDA has denied millions of products. However, many have noted that the bills serve as a roundabout way to ban synthetic nicotine.

    Many manufacturers have turned to synthetic nicotine as a way to continue selling their products since synthetic nicotine is not currently regulated.  

    “The elected officials sponsoring these bills may be under the mistaken impression that their proposals are only targeted at illicit and counterfeit dealers,” Greg Conley, president of the American Vaping Association, told Filter. “The reality is that these bills would shut down licensed small businesses that are operating in full compliance with federal, state and local laws.”

    The Republican lawmakers who introduced the bills—Maryland State Senator JB Jennings, Georgia State Senator Jeff Mullis and Mississippi Representative Nick Bain—have all received campaign funds ranging from $500 to $4,800 from Juul Labs, according to Filter. Some feel that Juul and other large companies want to see synthetic nicotine (and competition) diminished.

    “To preserve the harm reduction opportunity for adult smokers, Juul Labs supports a fully regulated, science-based marketplace,” a Juul spokesperson said. “Illegally marketed and illicit products and products designed to evade federal and state oversight undermine harm reduction and a responsible e-vapor category.”

  • Mississippi House Passes 3rd-Party Age Verification Bill

    Mississippi House Passes 3rd-Party Age Verification Bill

    The U.S. state of Mississippi’s House of Representatives Thursday passed legislation that would require sellers of any type of alternative nicotine and marijuana products and package retailers to have a third-party age verification service.

    Nick Bain

    HB 976, authored by State Rep. Nick Bain (R), revises the provisions of law that regulate alternative nicotine products such as an electronic cigarette, any other product that consists of or contains nicotine that can be ingested into the body by chewing, smoking, absorbing, dissolving, inhaling or by any other means, according to Y’All Politics. The rules would include synthetic nicotine products.

    The bill also amends Section 67-1-81 of Mississippi Code to, “require holders of a package retailer permit to have an independent, third-party age verification service available on the property of the location in which alcoholic beverages are sold; and for other related purposes.”

    The legislation says that before selling alternative nicotine products, the person or business must verify that the individual is at least 21 years of age by performing an age verification through a third-party verification service that obtains the purchasers full name, date of birth, and residential address and compares the information available from public records to the personal information entered.

    In accordance with national standards, the third-party verification system used must have at least a 95% accuracy rating in order to be in compliance with the identification requirements listed in the bill.

    An amendment was added that would require medical marijuana dispensaries to be included in this bill.

  • Mississippi State Senator Files Bill to Tax Vapor Products

    Mississippi State Senator Files Bill to Tax Vapor Products

    Credit: Andrii Yalanskyi

    Mississippi State Senator Davis Blount filed Senate Bill 2062, which would tax e-cigarettes and vaping products. The Northside Sun reported the bill calls for the same 15 percent excise tax as cigarettes.

    “I continue to believe that electronic cigarettes and vaping products ought to be taxed at the same rate as regular cigarettes,” Blount told the Northside Sun. “There are different ways of taxing these products since some of them are in liquid form. I’m open to any way that works, but the simplest way is to just tax them like a pack of cigarettes based on their retail price.”

    Two years ago, Blount authored a similar bill that was approved by the Finance Committee for a floor vote, where it missed the three-fifths majority for passage by one vote. A three-fifths majority is required on any tax-related issue, according to Senate rules.

    Blount has gone for a more simplistic approach in this year’s bill. Instead of a 5 cent levy on every liquid milliliter of nicotine like in his previous bill, e-cigarettes would be taxed at the same 15 percent rate as conventional cigarettes.

    According to the state Department of Revenue, Mississippi’s tobacco tax generated $145 million in revenue in fiscal 2021, which ended June 30.

  • Mississippi Aims to Add Vaping Products to Tobacco Tax

    Mississippi Aims to Add Vaping Products to Tobacco Tax

    A new bill in the U.S. state of Mississippi aims to add vapor to the state’s 15 percent tobacco tax rules. Senate Bill 2182, authored by Senator David Blount, would define an “electronic smoking device” and add that to the definition of other tobacco products with the additional tax.

    mississippi state house
    Credit: Pieter Van de Sande

     

    “‘Electronic smoking device’ means any device that can be used to deliver aerosolized or vaporized nicotine to the person inhaling from the device, including, but not limited to, an  e-cigarette, e-cigar, e-pipe, vape pen or e-hookah,” the bill states. “Electronic smoking device includes any component, part or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device. Electronic smoking device does not include any battery or battery charger when sold separately. In addition, electronic smoking device does not include drugs, devices or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.”

    Current Mississippi law indicates that cigars, cheroots, stogies, snug, chewing and smoking tobacco and all other tobacco products except cigarettes shall be taxed 15 percent of the manufacturer’s list price. This bill would add electronic nicotine delivery systems (ENDS) to that list.

  • 18 Mississippi Retailers Cited for Underage Sales

    18 Mississippi Retailers Cited for Underage Sales

    Eighteen citations were issued last week to Mississippi, USA convenience stores for allegedly selling e-cigarettes and beer to people under 21 years old. Mississippi raised its age to purchase vaping products from 18 to 221 earlier this year.

    Credit: Bill Oxford

    Last week, the Mississippi Attorney General’s Alcohol and Tobacco Enforcement Division conducted the compliance checks in Lafayette County and the city of Oxford in partnership with the Oxford Police Department, according to a story on hottytoddy.com.

    Out of 25 stores checked, there was a total of 18 violations, with several stores getting more than one violation.

    “By Mississippi state law, the sale of beer, vape, and e-cigarettes to anyone under age 21 is illegal,” said Attorney General Lynn Fitch. “This action was taken to hold stores accountable as we all work to protect the health and safety of our children.”

  • Voters Approve Marijuana Measures in 5 U.S. States

    Voters Approve Marijuana Measures in 5 U.S. States

    Some 16 million Americans were added to the list of places that allow adults to use marijuana legally, after voters in New Jersey, Arizona, South Dakota and Montana on Tuesday overwhelmingly approved ballot measures on weed.

    They will join about 93 million Americans who live in states that already have legalized weed, meaning about 1 in 3 Americans now live in states where marijuana is legal for anyone at least 21 years old, according to Politco.com.

    South Dakota and Mississippi voters also approved measures to legalize medical marijuana on Election Day.

    The momentum in states, including deep red parts of the country, should be a call to action for the federal government, said Steve Hawkins, the executive director of legalization advocacy group Marijuana Policy Project. Marijuana remains illegal under federal law.

    “Regardless of who controls the White House, the House and the Senate, we should demand landmark federal marijuana reform in 2021,” Hawkins said.

    The New Jersey measure does not immediately legalize marijuana, however. The state Legislature still needs to pass legislation to implement legalization.

  • Marijuana Legalization Vote on Ballot in 5 U.S. States

    Marijuana Legalization Vote on Ballot in 5 U.S. States

    Credit: Sharon McCutcheon

    Marijuana legalization is on the ballot in five U.S. states on Nov.3, four of which are for recreational use. The financial crisis cause by the Covid-19 pandemic and potential to bring in more taxes are the motivation for the measures.

    In less than 2 weeks, voters will decide on whether to legalize recreational marijuana in Arizona, Montana, New Jersey and South Dakota. Mississippi will also consider a pair of ballot initiatives to legalize medical marijuana.

    Despite COVID-19 risks, advocates managed to collect more than 661,000 signatures in four of those states in the 2020 election cycle to put the questions on the ballot, according to rollcall.com. Some began before the pandemic hit, while advocates with later deadlines added protective steps like using individual plastic-wrapped pens.

    In recent years, 11 states and the District of Columbia have legalized recreational marijuana for adults 21 years old or older, while 33 states plus the District have legalized medical marijuana for some patients.

    If successful, as is likely in all the states this year except possibly Mississippi, the new legalization efforts could altogether bring in hundreds of millions in tax revenue, which could help blunt the impact of states’ plummeting revenue due to the economic collapse, according to rollcall.com.

    Matthew Schweich, deputy director at the Marijuana Policy Project, said many supporters were already swayed by the revenue marijuana taxes bring in. The dire budget conditions of many states could increasingly become a strong argument in favor of legalization.

    “Voters are aware of the fiscal pain that’s already here or coming down the road. I believe they’re seeing marijuana revenue as part of the solution,” he said.