COLUMBUS, Ohio (AP) – Local governments in Ohio will be forced to restrict tobacco use in their communities after the Republican Legislature on Wednesday overrode Republican Gov. Mike DeWine's veto of a budget proposal that would have put regulation in the hands of the state. It is no longer possible to regulate it.
The bill, which was vetoed and reintroduced into the state budget in 2022, says the state, not local governments, should regulate tobacco and alternative nicotine products. It would also prevent communities from voting to restrict things like the sale of flavored e-cigarettes and flavored e-cigarette products.
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The new law is expected to take effect in about 90 days, but it is not yet clear how it will affect local governments that have introduced stricter tobacco regulations.
Local governments will no longer be able to restrict tobacco products in Ohio.
Lawmakers passed the 2022 bill days after Ohio's capital, Columbus, lifted a ban on the sale of flavored and menthol tobacco products that had been scheduled to go into effect in early 2024. The cities of Toledo and Beckley have similar bans in place.
Anti-tobacco advocacy groups, the American Cancer Society Cancer Action Network, and DeWine himself have argued that the repeal comes as cigarette and e-cigarette products made with fruit and candy flavors are becoming more popular and available. criticized the tobacco industry, saying it was a victory for the tobacco industry and enabling children to become addicted to it. The kids.
Opponents of the bill also say it violates Ohio's Home Rule Code, which allows local governments to enact their own ordinances as long as they don't interfere with the state's revised law.
Opponents of the bill have also expressed concern that the bill would completely wipe out other jurisdictions' tobacco regulations. Leo Almeida, director of government relations for the American Cancer Society Cancer Action Network, told The Associated Press that the law, as written, is too broad.
“Taking local control away from people who want to improve public health is a big mistake,” Almeida said.
Senate President Matt Huffman said Wednesday that lawmakers are carefully reviewing the language with the Legislative Services Committee, a bipartisan body that drafts bills for the Legislature, and that any local governments could potentially pass it. He said that he did not think that it would have any impact on tobacco regulations.
Supporters of the bill tout it as a way to maintain uniformity in tobacco laws and eliminate confusion for Ohioans. They argue that restrictions on products should be controlled by the state, not local communities, because they affect the state's overall revenue.
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DeWine argued that the best way to ensure uniformity among these laws is to ban flavored tobacco statewide.
At least two states, California and Massachusetts, have passed legislation imposing statewide bans on the sale of all flavored tobacco products.
