Senate committee advances bill to combat youth nicotine use

Senate committee advances bill to combat youth nicotine use February 18, 2025

Rep. John Hodgson, R-Fisherville, speaks on House Bill 20 before the House Transportation Committee on Tuesday. The bill would regulate automated license plate reader data and other electronic tracking measures. A high-resolution photo can be found here.

FRANKFORT — A measure to combat youth nicotine use in Kentucky – Senate Bill 100 – advanced unanimously Tuesday during a meeting of the Senate Licensing and Occupations Committee.

The legislation seeks to stop the supply of tobacco products to underaged children. The bill’s sponsor, Sen. Jimmy Higdon, R-Lebanon, said most retailers follow the law, but action is needed to address “bad actors.”

“In my 42 years as a retailer, I firmly believe the only way to control the bad actors in this industry is by licensing all retailers of vape, tobacco and alternative nicotine products. This bill takes a strong step in that direction,” he said.

The legislation would establish the Division of Tobacco, Nicotine and Vapor Products Licensing within the Department of Alcoholic Beverage Control. The division would be managed by a director who will enforce regulations on the sale and distribution of tobacco, nicotine and vapor products, Higdon said.

Additionally, administrative regulations would be created to govern the products, and investigators would have the authority to inspect any premises where tobacco, nicotine or vapor products are manufactured, stored or sold. Investigators would also have the power to confiscate contraband, he said.

The legislation calls for a $250 license and $50 application fee to be obtained before selling the products in Kentucky. If fines and penalties are not paid, the retailer cannot renew a license.

Retailers operating without a license would face a Class B misdemeanor for the first offense, a Class A misdemeanor for the second offense, and for third and subsequent offenses, a Class D felony.

Retailers would have access to an appeals process, and 50% of the collected fines would go to enforcement. The remaining funds would support youth education programs on the dangers of nicotine, vaping and tobacco, Higdon testified.

“This bill has teeth. If you sell products without a license, you will face criminal penalties,” he said.

Griffin Nemeth, a student at the University of Kentucky, leads the #iCANendthetrend Youth Advisory Board. He thanked Higdon for the legislation and testified during the meeting.

Nemeth said Kentucky is approximately one of 10 states where retailers are not required to have licenses to sell tobacco products, and the legislation includes strong, enforceable penalties.

“Nicotine dependence and the accessibility of these products pose a real threat to Kentucky kids – not just to their health, not just to their education, but to their futures as a whole,” he said.

Delaney Crump, also with #iCANendthetrend and a student at Boyd County High School, said vaping is an academic distraction and leads to under performance. Many students can’t resist the vapes that are sometimes sweet and fruity.

“The consequences of inaction are devastating. This isn’t just about lung cancer 30 years down the line, it’s about kids dropping out of sports because their lungs can’t keep up. It’s about the anxiety and depression that nicotine fuels,” she said.

Sen. Amanda Mays Bledsoe, R-Lexington, said that as a mom of teenagers, she is well aware of the issue of vaping in elementary, middle or high school. She said lawmakers have in recent years discussed the importance of holding people accountable.

Sen. Jason Howell, R-Murray, said prevention programs are paramount. He asked Crump where she thinks her peers obtain the vapes.

She said adults sometimes buy them for the students. She also hears students talking about the places where they get them.

Sen. Cassie Chambers Armstrong, D-Louisville, said vapes can look like flash drives and they’re easy for young people to conceal. She said she’s concerned about life-long impacts the products can cause.

“The thing that concerns me is the testimony about these companies that intentionally design these to appeal to our young people – to make the candy flavors and the bright colors,” she said.

Sen. Karen Berg, D-Louisville, said the bill is important for young people’s health.

“I don’t know if people out there understand nicotine is as addictive as opioids are. It is extremely addicting, and I know growing up in Kentucky, that I was able to purchase cigarettes by the time I was 12 years old without any difficulty whatsoever,” she said.

The bill now heads to the full Senate.

---

https://apps.legislature.ky.gov/publicservices/pio/release.html#SB100021825