A number of states have laws in place that prevent local communities from passing stronger local tobacco control laws. The American Lung Association believes that local communities should be able to enact stronger measures than the state to protect their citizens from tobacco’s toll.
| State | Issue Area Where Preemption Exists | Specific Provisions Preempted |
|---|---|---|
| Arkansas | Tobacco Product Sales Restrictions | Any stronger local laws/ordinances regulating the manufacture, storage, sale or distribution of tobacco products, vapor products, alternative nicotine products or e-liquid products are not allowed. |
| California | Tobacco Product Sales Restrictions | Only preempts the amount of fines localities may impose for violations of specific tobacco product sales laws. |
| Connecticut | Smoking Restrictions | Any stronger local laws/ordinances further restricting smoking enacted after October 1, 1993, and the use of electronic nicotine delivery systems or vapor products after October 1, 2015, are not allowed. |
| Delaware | Tobacco Product Sales Restrictions | Local laws/ordinances further restricting tobacco product sales enacted after June 30, 1996, are not allowed under state law. |
| Florida | Smoking Restrictions, Tobacco Product Sales Restrictions | Stronger local laws/ordinances concerning the regulation of smoking in most types of places as well as the marketing, sale or delivery of tobacco products, including e-cigarettes are not allowed; stronger local laws/ordinances on the use of vapor-generating devices are allowed. |
| Georgia | Tobacco Product Sales Restrictions | State constitution contains provision that makes all state laws preemptive unless state legislature explicitly grants local communities the ability to pass stronger laws. Applies to tobacco product sales laws in the tobacco control context. |
| Hawaii | Tobacco Product Sales Restrictions | All stronger local laws or ordinances related to the sale of tobacco products, including e-cigarettes are preempted. |
| Idaho | Tobacco Product Sales Restrictions | Stronger local ordinances concerning the regulation, marketing, or sale of tobacco products or electronic smoking devices are generally not allowed. Local communities also cannot issue or require a permit or license for the sale or distribution of tobacco products. |
| Indiana | Tobacco Product Sales Restrictions | Preempts stronger local laws/ordinances concerning the sale, distribution or display of tobacco products. |
| Iowa | Tobacco Product Sales Restrictions | Any stronger local law or regulation which is inconsistent with or conflicts with most state laws restricting tobacco product sales are not allowed. |
| Kentucky | Tobacco Product Sales Restrictions | Preempts stronger local laws/ordinances concerning the display, sale and distribution of tobacco products addressed under Kentucky Revised Statutes section 438.305 to 438.340 and enacted after March 5, 1996. |
| Louisiana | Tobacco Product Sales Restrictions | Stronger local laws/ordinances related to specific laws restricting the sale, promotion and distribution of tobacco products are not allowed. |
| Maryland | Tobacco Product Sales Restrictions | Stronger local laws/ordinances concerning the sales and licensing of tobacco products are prohibited due to a 2013 court decision. |
| Massachusetts | Tobacco Product Sales Restrictions | Stronger local laws/ordinances that set an age of sale above 21 for tobacco products are not allowed. |
| Michigan | Smoking Restrictions, Tobacco Product Sales Restrictions | Stronger local laws/ordinances on smoking in restaurants and bars are not allowed. Local communities cannot increase the age of sale for tobacco products above age 18. Local communities also cannot regulate sales and licensing of tobacco products for distribution purposes. |
| Mississippi | Tobacco Product Sales Restrictions | Stronger local laws/ordinances related to most laws concerning the sale, promotion, and distribution of tobacco products are not allowed. |
| Missouri | Tobacco Product Sales Restrictions | Requires state, county, municipal and other local law enforcement authorities to adhere to the mandatory guidelines set out by the Supervisor of Liquor Control when using minors in tobacco retailer compliance inspections. |
| Montana | Tobacco Product Sales Restrictions | Enactment of local laws/ordinances concerning tobacco product sales more restrictive than Montana Code sections 16-11-301 to 16-11-308 are not allowed. |
| Nebraska | Smoking Restrictions | Stronger local laws/ordinances concerning smoking in cigar bars are not allowed. |
| Nevada | Tobacco Product Sales Restrictions | Stronger local laws/ordinances related to the sale, distribution, marketing, display or promotion of tobacco products are not allowed; however, local communities are allowed to require licenses for retailers and wholesalers of cigarettes and other tobacco products. |
| New Hampshire | Smoking Restrictions | Local laws/ordinances on smoking more stringent than state law are not allowed due to a 2003 court decision. |
| New Mexico | Tobacco Product Sales Restrictions | All stronger local laws/ordinances further restricting sales of tobacco products are not allowed. |
| North Carolina | Smoking Restrictions, Tobacco Product Sales Restrictions | Stronger local laws/ordinances on smoking in private workplaces and other more specific locations and restricting sales of tobacco products, except in relation to vending machines are not allowed. |
| North Dakota | Tobacco Product Sales Restrictions | Local laws/ordinances must adhere to specified penalties concerning the purchase or use of tobacco products by minors. |
| Oklahoma | Smoking Restrictions, Tobacco Product Sales Restrictions | Prohibits local governing bodies from enacting stronger laws/ordinances concerning the smoking/use of, sale, purchase, distribution, advertising, sampling, promotion, display, possession, licensing, or taxation of tobacco products. |
| Pennsylvania | Smoking Restrictions, Tobacco Product Sales Restrictions | Preempts all stronger local laws/ordinances further restricting smoking except Philadelphia's existing ordinance. Also preempts all local laws/ordinances further restricting sales of tobacco products enacted after January 1, 2002; an exemption from this for Philadelphia was removed in 2018. |
| Rhode Island | Smoking Restrictions, Tobacco Product Sales Restrictions | Stronger local laws concerning use, sales, licensing and promotion of tobacco products are preempted unless the legislature grants such authority due to a 2020 state Supreme Court decision. |
| South Carolina | Tobacco Product Sales Restrictions | Virtually all laws, ordinances or rules further restricting sales of tobacco products, specifically including flavors, ingredients and licensing are not allowed. Stronger local policies concerning land use or zoning are specifically allowed. |
| South Dakota | Smoking Restrictions, Tobacco Product Sales Restrictions | Stronger local laws/ordinances related to the use, distribution, marketing, promotion and sale of tobacco products are not allowed. |
| Tennessee | Smoking Restrictions, Tobacco Product Sales Restrictions | Preempts local laws/ordinances/regulations further restricting smoking or sales of tobacco products enacted or promulgated after March 15, 1994, except local regulation of smoking/use of tobacco products in many age-restricted venues and other specified locations is allowed. |
| Texas | Tobacco Product Sales Restrictions | Local laws/ordinances setting an age of sale for tobacco products above age 21 are not allowed. |
| Utah | Smoking Restrictions, Tobacco Product Sales Restrictions | Preempts local laws/ordinances concerning smoking that are not essentially identical to state law except for certain places of outdoor public access; also preempts all local laws related to the sales, licensing and advertising/promotion of tobacco products that are not essentially identical to state law except land use ordinances. |
| Virginia | Smoking Restrictions | Local ordinances to restrict smoking adopted after January 1, 1990, shall not contain provisions that exceed state smoking restrictions, except as specified. |
| Washington | Smoking Restrictions, Tobacco Product Sales Restrictions | Stronger local laws/ordinances further restricting smoking and sales of tobacco products are generally not allowed. |
| Wisconsin | Smoking Restrictions, Tobacco Product Sales Restrictions | Limited preemption of local laws/ordinances further restricting smoking in outdoor areas; local laws/ordinances restricting sales of tobacco products must generally be the same as state law. |
| Wyoming | Tobacco Product Sales Restrictions | Certain parts of state laws restricting sales of tobacco products cannot be changed by local law/ordinance. |
Page last updated: May 28, 2024
