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H 8254Drugs

Taxation - Cigarette, Other Tobacco Products, and Electronic Nicotine-Delivery System Products

This bill bans the sale of menthol, mint, and wintergreen-flavored electronic nicotine-delivery system (vape) products in Rhode Island.

Held for study
Population
Affected
25
Email Legislator
Introduced Mar 6, 2026Committee House Finance

Plain-English Summary

This legislation amends existing state tax laws regarding electronic nicotine-delivery systems (vapes/e-cigarettes). Currently, Rhode Island prohibits the sale of flavored vape products but provides an exemption for tobacco and menthol flavors. This bill removes the exemption for menthol. As a result, the sale, offer for sale, or possession with intent to sell of any vape product with a characterizing flavor of mint, menthol, or wintergreen will be prohibited. Only tobacco-flavored products will remain legal for sale. Cannabis compassion centers are exempt unless their products contain nicotine.

For younger readers

Rhode Island has laws that say stores cannot sell "vapes" (electronic cigarettes) that taste like candy or fruit. This is to keep kids from wanting to use them because they contain nicotine, which is bad for you. Right now, the law still lets stores sell vapes that taste like mint or menthol. This new bill changes the rules so that stores cannot sell mint or menthol vapes anymore either. If this bill passes, stores will only be allowed to sell vapes that taste like regular tobacco.

Who & Where It Applies

Impacted groups
Vape shop ownersConvenience store ownersAdult menthol vape usersTobacco distributorsCompassion centers
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
None
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Promotes health equity by targeting menthol products, which have historically been aggressively marketed by tobacco companies toward minority communities and low-income populations.
  • Protects youth public health by removing mint and menthol flavors, which are often cited as "starter" flavors for teenagers initiating nicotine use.
  • Reduces the overall harm of corporate profit-seeking by limiting the ability of the tobacco industry to sell addictive products disguised with palatable flavors.
  • May inadvertently criminalize individuals in marginalized communities who sell these products within the illicit market to make ends meet, leading to increased police interactions.
  • Removes a harm-reduction tool for adult smokers who rely on menthol-flavored vapes to transition away from more dangerous combustible cigarettes.
  • Violates the principle of bodily autonomy by restricting the choices adults can make regarding what they consume.
For Conservatives
  • Protects children and teenagers from the dangers of nicotine addiction, aligning with the goal of preserving family health and safety.
  • May reduce long-term state healthcare costs associated with nicotine dependence and lung disease.
  • Closes a legislative loophole that allowed certain flavored products to persist despite a general ban, ensuring the rule of law is applied consistently.
  • Infringes upon the free market and the rights of business owners to sell legal products, specifically hurting small convenience store owners.
  • Represents "nanny state" government overreach by dictating personal choices to adult consumers.
  • Will likely drive commerce to black markets or neighboring states, resulting in a loss of revenue for Rhode Island businesses without actually stopping consumption.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 2 additions · 1 deletion

SECTION 1. Section 44-20-61 of the General Laws in Chapter 44-20 entitled "Cigarette, Other Tobacco Products, and Electronic Nicotine-Delivery System Products" is hereby amended to read as follows: 44-20-61. Product restrictions on electronic nicotine-delivery system products.

(a) For purposes of this section, the following terms shall have the following meanings:

(1) “Characterizing flavor” means a distinguishable taste or aroma, other than the taste or aroma of tobacco or menthol, distinguishable by an ordinary consumer, imparted either prior to, or during, consumption of an electronic nicotine-delivery system product or component part thereof, including, but not limited to, tastes or aromas relating to any fruit, mint, menthol, wintergreen, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice or which impart a cooling or numbing sensation. The determination of whether an electronic nicotine-delivery system product has a characterizing flavor shall not be based solely on the use of additives, flavorings, or particular ingredients, but shall instead consider all aspects of a final product including, but not limited to, taste, flavor and aroma, product labeling, and advertising statements. A flavor shall be presumed to be a characterizing flavor if a dealer, manufacturer, or distributor has made a statement or claim directed to consumers or the public about such flavor, whether expressed or implied, that it has a distinguishable taste or aroma (other than the taste or aroma of tobacco or menthol).

(2) “Flavored electronic nicotine-delivery system product” means any electronic nicotine- delivery system product that imparts a characterizing flavor.

(b) The sale, or offer for sale of, or the possession with intent to sell or to offer for sale, flavored electronic nicotine-delivery system products to consumers within the state of Rhode Island is hereby prohibited. Compassion centers and licensed cultivators registered with the state of Rhode Island department of business regulation-office of cannabis regulation under chapter 28.6 of title 21 are exempt from this provision except as to products that contain, are made of, or are derived from tobacco or nicotine, natural or synthetic.

SECTION 2. This act shall take effect upon passage.