Nevada Vaping Association 2021 Legislative Summary

Prepared by:
Bryan Bedera
Lobbyist, Nevada Vaping Association

Laws and Regulatory Changes from the 2021 Nevada Legislative Session

The 2021 Nevada Legislature started during the interim with discussion of:

  • T21
  • Electronic and third-party carding
  • Flavor Ban 
  • Raising OTP tax to 40%
  • Tax reform
  • Capping nicotine content levels
  • Expanding OTP taxes on hardware to cannabis uses 
  • Banning online sales of all tobacco 

The 2021 Legislature ended with only minor changes to vapor and tobacco laws and focused on Tobacco 21, reducing sales to minors and making it easier for the State to enforce Nevada’s laws and taxes on online retailers.

Overall, this session can be seen as neutral for Nevada-based wholesale dealers and a win for Nevada-based retailers who will see a more level playing field with online competitors. While NVA was not successful in passing any of our own tax reforms in 2021, no tobacco bill moved forward in the legislative session without NVA’s full review and support. Finally, T21 and improved carding changes passed, and we believe they will reduce sales to minors in Nevada and lower the number of minors smoking in Nevada to a level where more aggressive regulations may not be needed into the future.

Summary of passed legislation:

Effective Date: FY2021 (July 1, 2021)

Vaping prevention program funding – The addition of $5,000,000 in additional funding to expand Nevada’s vaping prevention program, which included education programs, marketing and regulatory efforts. The majority of these efforts are focus on preventing teen vaping.

Regulatory changes:

Changes Effective:  Jan 1, 2022

Tobacco 21 – Nevada’s age to purchase tobacco will now be 21 to match the federal law. This will allow law enforcement in Nevada to conduct compliance checks and issue fines for the sale of tobacco and vapor products for 18-, 19- and 20-year-old customers.

Online Tobacco 21 enforcement – Nevada law will now require that a 3rd party online age verification system be used if you sell products online into Nevada, and law enforcement in Nevada will conduct compliance checks on online sellers for T21.

Online tobacco sellers’ registration requirement – Online sellers of tobacco and vapor products will have to register their age verification system with the State of Nevada. Failure to do so will result in fines or termination of their right to sell into Nevada. This also will now allow law enforcement in Nevada to conduct compliance checks.

Change in compliance checks frequency – Nevada retail tobacco and vapor dealers will undergo a T21 compliance check at least every 2 years, whereas previously, there was no preset schedule.

Changes Effective:  Jan 1, 2023

Electronic ID check requirement: All sales to people under 40 require an ID check using an electronic ID verification system. Failure to card and electronically verify the ID of someone under 40 will result in a $100 fine for the store. 

The Nevada Vaping Association represents the manufacturers, wholesalers, small business owners and entrepreneurs who sell and develop quality vapor products in Nevada. We promote small business, balanced policy implementation, responsible regulations and the highest standard of safety within the industry.

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