Washington State Bill Would Undermine Harm Reduction While Raising Washington’s Cigarette Taxes

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Key Points:

• Legislative Overview: Washington’s SB 6129 would overhaul the state’s tobacco and nicotine tax system by repealing the existing vapor tax, redefining “tobacco products” as “nicotine products,” and imposing a 90 percent excise tax on vapor products, nicotine pouches, and other reduced-risk alternatives – plus an additional 10 percent surtax on flavored products.

• Cigarette Tax Hike: The bill also raises Washington’s cigarette tax by $1.98 per pack, bringing the total to $5.00 per pack, with menthol cigarettes taxed at $5.50 per pack – further increasing an already regressive tax burden.

• Youth Use Is Already Declining: Youth smoking and vaping are at historic lows. Between 2010 and 2023, youth cigarette use fell 78.6 percent, while youth vaping declined 56.3 percent from its 2018 peak – undermining the premise for sweeping new restrictions.

• Adult Smoking at Record Lows: In 2024, just 7.9 percent of Washington adults – approximately 497,948 people – were current smokers, a 12.2 percent decline from 2023 and more than 60,000 fewer smokers in one year.

• Smoking Disparities by Income: Smoking remains heavily concentrated among lower-income adults. In 2024, 19.7 percent of adults earning $25,000 or less smoked, compared to 4.9 percent of those earning $50,000 or more – making low-income adults four times more likely to smoke.

• Smoking Disparities by Education: Educational gaps are even wider. 17.2 percent of adults without a high school diploma or G.E.D. smoked in 2024, compared to just 2.7 percent of college graduates – a 6.4-fold difference.

• Adult Vaping Is Growing: In 2024, 7.6 percent of Washington adults – about 479,039 people – reported current vaping, a 5.6 percent increase from 2023. Since 2016, adult vaping has increased 43.4 percent, representing nearly 180,000 additional adults switching away from cigarettes.

• Vaping Disparities by Income: Vaping is also more prevalent among lower-income adults. 12.6 percent of adults earning $25,000 or less reported vaping in 2024, compared to 6.5 percent of adults earning $50,000 or more.

• Vaping Disparities by Education: Adults without a high school diploma were nearly four times more likely to vape than college graduates – mirroring long-standing inequities seen in smoking.

• Equity & Policy Failure: By heavily taxing reduced-risk products and expanding punitive enforcement, SB 6129 would disproportionately harm lower-income and less-educated adults – the very populations most likely to smoke or vape and most in need of safer alternatives.

• Misaligned Spending Priorities: In 2024, Washington collected $3.26 billion in tobacco-related revenue but spent just $4.2 million on prevention and cessation – barely one penny per dollar collected – calling into question claims that higher taxes advance public health.

• Bottom Line: SB 6129 doubles down on regressive taxation and heavy-handed regulation while ignoring strong public health gains. By penalizing reduced-risk products and raising already high cigarette taxes, the bill risks stalling – or reversing – Washington’s progress in reducing smoking-related harm.

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Legislation introduced in the Evergreen State would severely stunt adult access to tobacco harm reduction products while simultaneously increasing the state excise tax on combustible cigarettes. As lawmakers consider new regulations on emerging nicotine products, it is imperative that they refrain from adopting policies that restrict adult access to safer alternatives to smoking and that disproportionately harm lower-income and less-educated populations.

Senate Bill 6129 seeks to overhaul Washington’s tobacco and nicotine tax framework. The legislation would repeal the state’s existing vapor tax statutes, consolidate all nicotine products – other than combustible cigarettes – under a single statutory structure, increase taxes across all product categories, establish additional surtaxes on flavored products, and significantly expand licensing, enforcement, and regulatory authority.

Under SB 6129, “tobacco products” are redefined as “nicotine products,” a category that includes any product containing nicotine or a nicotine analogue; products derived from tobacco or created synthetically; and products intended for oral, nasal, inhalation, or bodily absorption. This expansive definition explicitly includes vapor products, nicotine pouches, and similar alternatives. Combustible cigarettes are excluded from the new definition, as are smoking cessation products approved by the U.S. Food and Drug Administration.

All newly defined nicotine products would be subject to a 90 percent excise tax on the sales price, with flavored products subject to an additional 10 percent surtax. This structure replaces Washington’s existing $0.27-per-milliliter vapor tax as well as the weight-based taxes applied to smokeless tobacco. Revenue generated from vapor product taxes would be directed to the Andy Hill Cancer Research Endowment Fund and the Foundational Public Health Services Account.

SB 6129 also dramatically expands enforcement authority. The bill authorizes warrantless inspections of distributors and retailers, grants broad seizure powers, and imposes criminal penalties – including a Class C felony for operating without a license. All retailers and distributors would be required to obtain licenses and submit to mandatory background checks.

In addition to restructuring nicotine taxes, SB 6129 increases Washington’s cigarette excise tax by imposing an additional $0.09875 per cigarette, on top of the existing $3.025-per-pack tax. This would raise the state cigarette tax by approximately $1.98 per pack, bringing the total to $5.00 per pack. Flavored cigarettes – most notably menthol – would be subject to an additional $0.025 per cigarette, increasing the state excise tax on a pack of menthol cigarettes to $5.50 per pack. All cigarette tax revenue would be deposited into the state general fund.

In doing so, SB 6129 disregards the growing body of evidence supporting tobacco harm reduction, ignores significant declines in youth tobacco and vapor use, and exacerbates the inherently regressive nature of excise taxes.

Among Washington youth, combustible cigarette use is at historic lows, while youth vaping has declined substantially since peaking in 2018. According to the Washington State Healthy Youth Survey, in 2023 just 12.1 percent of youth reported ever trying a combustible cigarette, and only 2.2 percent reported current use. This represents a dramatic decline from 2010, when 29.2 percent of youth had ever tried cigarettes and 10.2 percent were current smokers. Between 2010 and 2023, youth cigarette ever-use fell by 58.7 percent, while current use declined by 78.6 percent.

Youth e-cigarette use followed a similar trajectory. In 2018, 33.6 percent of Washington youth reported having tried an e-cigarette and 16.1 percent reported current use. By 2023, lifetime use had fallen to 18.5 percent – a 45 percent decline – while current use dropped to 7 percent, a 56.3 percent decrease. Even more recently, between 2021 and 2023, lifetime vaping declined by 5.8 percent and current use by 7.9 percent.

Adult smoking rates in Washington have also reached record lows. According to the Centers for Disease Control and Prevention’s Behavioral Risk Factor Surveillance System, in 2024 just 7.9 percent of Washington adults were current smokers – approximately 497,948 adults. This represents a 12.2 percent decline from 2023 and equates to more than 60,000 fewer adults smoking in a single year.

Despite these gains, smoking continues to disproportionately affect lower-income and less-educated adults. In 2024, 19.7 percent of adults earning $25,000 or less per year smoked, compared to 4.9 percent of adults earning $50,000 or more. Low-income Washingtonians were four times more likely to smoke. While smoking rates declined across income groups between 2023 and 2024, they fell far more rapidly among higher-income earners (45.9 percent) than among low-income adults (31.8 percent). Over the long term, from 2004 to 2024, smoking declined by an average of 1.4 percent annually among low-income adults, compared to 4.1 percent annually among higher-income earners.

Educational disparities are even starker. In 2024, 17.2 percent of adults without a high school diploma or G.E.D. smoked, compared to just 2.7 percent of college graduates – making less-educated adults 6.4 times more likely to smoke.

Similar patterns exist among adult vapers, a population that continues to grow. In 2024, 7.6 percent of Washington adults – approximately 479,039 people – were current vapers, a 5.6 percent increase from 2023. Since 2016, adult vaping has increased by 43.4 percent, representing nearly 180,000 additional adults who are increasingly likely substituting away from combustible cigarettes.

Adults who vape, like adults who smoke, are disproportionately lower-income and less educated. In 2024, 12.6 percent of adults earning $25,000 or less reported vaping, compared to 6.5 percent of adults earning $50,000 or more. Adults without a high school diploma were nearly four times more likely to vape than college graduates.

Rather than imposing new taxes and regulatory burdens on reduced-risk products – and further increasing an already regressive cigarette tax – Washington lawmakers should focus on more effectively using existing tobacco control resources. In 2024 alone, the state collected $3.26 billion in tobacco-related revenue, yet allocated just $4.2 million toward tobacco prevention and cessation – barely one penny for every dollar collected.

Without aligning tax policy with public health evidence and equity goals, SB 6129 risks undermining the very progress Washington has made in reducing smoking-related harm.

Nothing in this analysis is intended to influence the passage of legislation, and it does not necessarily represent the views of Tobacco Harm Reduction 101.