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Washington: Laws and Regulations Summary

Washington StateJump to a section using the links below:

Past LawsPending LawsCurrent LawsOur view

Past laws

SB 5573 (Reintroduced and retained in present status)

  • Bans characterizing flavors excluding “Mint, Menthol, and Wintergreen”
  • Bans online sales
  • Similar licensing requirements to HB 2211 and HB 1645

Pending laws

HB 2211 (Reintroduced and retained)

  • 60% Tax on vapor products
  • Introduces a complex series of licensing requirements effectively banning online sales and a requirement for a physical presence in the State of Washington

HB 1645 (Third Reading)

  • Bans online sale of “Vapor products” into Washington State unless the recipient is engaged in business in the state or a licensed “Wholesaler, distributor, or retailer”
  • Labeling requirements disclosing the amount of nicotine in milligrams per milliliter of liquid

Current laws

County by County Regulation

  • Usage banned in enclosed workplaces including bars and restaurants in Grant County, King County, and the city of Pasco.

SB 6328

  • Licensing requirements for delivery, retail, and distributor sales
  • Labeling requirements for liquid nicotine containers
  • Age Verification requirements for all points of sale
  • Child resistant packaging requirement

Our view

It’s nothing short of bizarre that in one of the first states to fully legalize marijuana for sale and use that one would find such opposition to electronic cigarettes. These hefty restrictions on electronic cigarettes come under the guise of protecting the State’s youth, a common narrative when it comes to prohibition of any kind. The reality is far different; by making it increasingly more difficult for out of state retailers to move their products into the state consumers will find themselves limited in their selection of products. Further, the exorbitant tax associated with some of this legislation will disproportionately raise the price of vapor products when compared to tobacco. Obviously this will lead to higher costs locally and may well drive several local stores out of business or out of state. The pressure is so real that Mt. Baker Vapor has moved out of Washington to a more friendly business climate in Arizona. The legislation is clearly already causing problems for the vaping community in Washington and they have yet to receive the Governor’s signature.