New Mexico bills to restrict, tax e-cigarettes advance

SANTA FE – Measures advanced Monday in the New Mexico Legislature that would impose taxes on e-cigarettes and prohibit vaping of nicotine products in locations where traditional cigarettes already are banned.

A House panel on health policy endorsed legislation from Democratic state Reps. Andrea Romero of Santa Fe and Liz Thomson of Albuquerque that would nearly double taxes on most 20-packs of cigarettes to $3.16, and increase excise taxes on other tobacco products and e-cigarettes from 25 percent to 76 percent. It would boost annual state government income by about $70 million, money destined for public schools.

A separate Democrat-backed bill that cleared the committee would ban e-cigarette use in places where traditional smoking is prohibited, as well as areas including non-tribal casinos and tobacco stores that share ventilation with adjacent workplaces.

The bills aim to counteract the rapid increase in e-cigarette use and expand a 2007 law that prohibited smoking in many workplaces and public venues.

U.S. health officials recently announced an epidemic in e-cigarette use among young people. Recent U.S. figures show e-cigarette products are now the top high-risk substance used by teens.

“We still have workers and patrons – and non-patrons in adjacent businesses – that are being exposed to second hand smoke in New Mexico,” said Sandra Adondakis of the American Cancer Society.

The cancer society and allied public health organizations are calling legislation from Democratic state Sen. Clemente Sanchez of Grants, calling the measure insufficient. The proposal would increase cigarette taxes by 34 cents a pack and impose taxes on the nicotine liquids used in e-cigarettes. That bill received a committee endorsement last week.

At least nine states and the District of Columbia have a tax on e-cigarettes, according to the Public Health Law Center. A number of other states have considered or are considering taxing the devices.

The smoking ban at nontribal casinos was a deal breaker for some New Mexico legislators after industry officials said they expect customers to flee to the tribal casinos that allow smoking.

Republican Rep. Zack Cook of Ruidoso says tribal casinos would gain an unfair business advantage and are unlikely to follow the state’s lead on health concerns. At least one tribally operated casino, at Taos Pueblo, is smoke-free.

The bills discussed Monday also would prohibit after-hours smoking and e-cigarette use at daycare centers to prevent infants and children from coming into contact with tobacco residue that settles on surfaces.