Washington 2025-2026 Regular Session Status: Passed House 4 D cosponsors

HB 2439 — Enhancing public health by modifying cigarette, vapor product, and tobacco product policy.

Last action — Public hearing in the House Committee on Appropriations at 10:30 AM.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the House. Introduced January 13, 2026. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the Senate.

Prognosis

Advancing 34% · moderate confidence

Where this bill stands today.

Odds of enactment

Moderate

How often bills like it became law.

  • Passed House

    Current position in the legislative process.

  • 4 sponsors

    1 primary, 3 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (4 D).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

1017 added · 1026 removed

Plain-language change summary

In the latest version of House Bill 2439, several references were added and some sections were renumbered. Notably, the wording now specifies that vapor product vendors will participate under section 2, rather than section 1 as previously stated. This adjustment is important because it shifts the focus on how vapor product vendors engage with the state's regulatory framework, which could impact compliance and enforcement efforts. Overall, these changes clarify the bill's structure and ensure that all vendors understand their obligations in the responsible vendor program.

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H-3256.2 SUBSTITUTE HOUSE BILL 2439 State of Washington 69th Legislature 2026 Regular Session By House Consumer Protection & Business (originally sponsored by Representatives Reeves, Parshley, Pollet, and Macri) READ FIRST TIME 02/03/26.
H-2837.1 HOUSE BILL 2439 State of Washington 69th Legislature 2026 Regular Session By Representatives Reeves, Parshley, Pollet, and Macri Read first time 01/13/26.
Referred to Committee on Consumer Protection & Business.
amending RCW 70.155.010, 82.26.200, 82.26.230, 70.345.030, 82.25.090, 82.24.530, 82.24.130, 82.25.030, 82.25.035, 82.25.060, 82.25.070, 82.25.075, 70.345.160, 70.155.090, 70.345.120, 70.155.100, 70.345.180, 70.345.040, 70.345.050, 70.345.060, 82.24.520, 82.24.530, 82.26.160, 82.26.170, 70.155.070, 70.345.110, 82.26.020, 43.348.080, 82.25.015, and 70.155.120;
amending RCW 70.155.010, 82.26.200, 82.26.230, 70.345.030, 82.25.090, 82.24.530, 82.24.130, 82.25.030, 82.25.035, 82.25.060, 82.25.070, 82.25.075, 70.345.160, 70.155.090, 70.345.120, 70.155.100, 70.345.180, 70.345.040, 70.345.050, 70.345.060, 82.24.520, 82.24.530, 82.26.160, 82.26.170, 70.155.070, 70.345.110, 70.155.130, 70.345.210, 82.26.020, 43.348.080, 82.25.015, and 70.155.120;
providing an effective date;
1 SHB 2439 (2) "Internet" means any computer network, telephonic network, or other electronic network.
1 HB 2439 (2) "Internet" means any computer network, telephonic network, or other electronic network.
2 SHB 2439 (5) A licensee participating in the responsible vendor program must, at a minimum:
2 HB 2439 (5) A licensee participating in the responsible vendor program must, at a minimum:
Vapor product retailers, vapor product delivery sellers, cigarette retailers, and tobacco product retailers may voluntarily participate in the board's responsible vendor program under section 2 of this act.
Vapor product retailers, vapor product delivery sellers, cigarette retailers, and tobacco product retailers may voluntarily participate in the board's responsible vendor program under section 1 of this act.
In accordance with sections 2 and 3 of this act, vapor product retailers and vapor product delivery sellers may voluntarily participate in the board's responsible vendor program in section 1 of this act.
In accordance with sections 1 and 2 of this act, vapor product retailers and vapor product delivery sellers may voluntarily participate in the board's responsible vendor program in section 1 of this act.
3 SHB 2439 the United States or its instrumentalities, and federally recognized Indian tribes and enrolled tribal members, conducting business within Indian country.
3 HB 2439 the United States or its instrumentalities, and federally recognized Indian tribes and enrolled tribal members, conducting business within Indian country.
4 SHB 2439 (b) A conveyance subject to forfeiture under this section by reason of any act or omission of which the owner establishes to have been committed or omitted without his or her knowledge or consent;
4 HB 2439 (b) A conveyance subject to forfeiture under this section by reason of any act or omission of which the owner establishes to have been committed or omitted without his or her knowledge or consent;
5 SHB 2439 that is not licensed under this chapter, including directly from a manufacturer, must be licensed both as a retailer and a distributor under this chapter.
5 HB 2439 that is not licensed under this chapter, including directly from a manufacturer, must be licensed both as a retailer and a distributor under this chapter.
6 SHB 2439 or retailer and who transports vapor products for sale without having provided notice to the board required under RCW 82.25.065, or without invoices or delivery tickets showing the true name and address of the consignor or seller, the true name and address of the consignee or purchaser, and the quantity and brands of vapor products being transported may be seized and are subject to forfeiture.
6 HB 2439 or retailer and who transports vapor products for sale without having provided notice to the board required under RCW 82.25.065, or without invoices or delivery tickets showing the true name and address of the consignor or seller, the true name and address of the consignee or purchaser, and the quantity and brands of vapor products being transported may be seized and are subject to forfeiture.
7 SHB 2439 (6) Any vapor products seized by a law enforcement officer must be turned over to the board as soon as practicable.
7 HB 2439 (6) Any vapor products seized by a law enforcement officer must be turned over to the board as soon as practicable.
8 SHB 2439 (b) All conveyances, including aircraft, vehicles, or vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, for the purpose of sale or receipt of property described in (a) of this subsection, except:
8 HB 2439 (b) All conveyances, including aircraft, vehicles, or vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, for the purpose of sale or receipt of property described in (a) of this subsection, except:
9 SHB 2439 wholesaler, licensed under Washington state law, for a period of time necessary to affix the stamps after receipt of the articles, are not considered contraband unless they are manufactured, sold, or possessed in violation of RCW 82.24.570.
9 HB 2439 wholesaler, licensed under Washington state law, for a period of time necessary to affix the stamps after receipt of the articles, are not considered contraband unless they are manufactured, sold, or possessed in violation of RCW 82.24.570.
(1) Effective January 1, 2027, each manufacturer of vapor products containing nicotine that are sold at retail in this state, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, must be certified as provided in this section.
(1) Each manufacturer of vapor products containing nicotine that are sold at retail in this state, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, must be certified as provided in this section.
(e) For an applicant with a principal place of business outside the United States, a declaration, in a form prescribed by the board, from each of its importers into the United States of any of its brands to be sold in the state of Washington, that the importer p.
(e) For an applicant with a principal place of business outside the United States, a declaration, in a form prescribed by the board, from each of its importers into the United States of any of its brands to be sold in the state of Washington, that the importer accepts joint and several liability with the applicant for all p.
10 SHB 2439 accepts joint and several liability with the applicant for all liability imposed in accordance with chapter 82.25 RCW, including any fees, costs, attorneys' fees, and penalties imposed under chapter 82.25 RCW;
10 HB 2439 liability imposed in accordance with chapter 82.25 RCW, including any fees, costs, attorneys' fees, and penalties imposed under chapter 82.25 RCW;
(7) After notice and an opportunity for a hearing, the board may suspend, cancel, or revoke any certification for a violation of this chapter, chapter 82.25 RCW, or a rule of the board.
11 SHB 2439 (7) After notice and an opportunity for a hearing, the board may suspend, cancel, or revoke any certification for a violation of this chapter, chapter 82.25 RCW, or a rule of the board.
11 HB 2439 (8) The board may adopt rules to implement this section and sections 12 and 13 of this act.
(8) The board may adopt rules to implement this section and sections 12 and 13 of this act.
(1) Effective January 1, 2027, any nonresident or foreign manufacturer that has not registered to do business in the state as a foreign corporation or business entity must, as a condition precedent to being certified under section 11 of this act, submit to the board a surety bond or other cash security payable to the state of Washington in the amount of $25,000.
(1) Any nonresident or foreign manufacturer that has not registered to do business in the state as a foreign corporation or business entity must, as a condition precedent to being certified under section 11 of this act, submit to the board a surety bond or other cash security payable to the state of Washington in the amount of $25,000.
p.
NEW SECTION.
12 SHB 2439 NEW SECTION.
(1) Effective January 1, 2027, any nonresident manufacturer of vapor products containing nicotine that has not registered to do business in the state of Washington as a foreign corporation or business entity shall, as a condition precedent to being certified under section 11 of this act, appoint and continually engage without interruption the services of an agent in the state of Washington to act as agent for the service of process on whom all process, and any action or proceeding against such manufacturer concerning or arising out of the enforcement of this chapter or chapter 82.25 RCW, may be served in any manner authorized by law.
(1) Any nonresident manufacturer of vapor products containing nicotine that has not registered to do business in the state of p.
12 HB 2439 Washington as a foreign corporation or business entity shall, as a condition precedent to being certified under section 11 of this act, appoint and continually engage without interruption the services of an agent in the state of Washington to act as agent for the service of process on whom all process, and any action or proceeding against such manufacturer concerning or arising out of the enforcement of this chapter or chapter 82.25 RCW, may be served in any manner authorized by law.
(3) At any time during usual business hours the department, board, or its duly authorized agents or employees may enter any place of business of a manufacturer required to be certified under section p.
(3) At any time during usual business hours the department, board, or its duly authorized agents or employees may enter any place of business of a manufacturer required to be certified under section 11 of this act or a distributor, without a search warrant, and inspect the premises, the records required to be kept under this chapter, and the vapor products contained therein, to determine whether or not all the provisions of this chapter and section 11 of p.
13 SHB 2439 11 of this act or a distributor, without a search warrant, and inspect the premises, the records required to be kept under this chapter, and the vapor products contained therein, to determine whether or not all the provisions of this chapter and section 11 of this act are being fully complied with.
13 HB 2439 this act are being fully complied with.
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The board must compile and maintain a current record of the names of all distributors, retailers, and delivery sales licenses under chapter 70.345 RCW and the status of their license or licenses and of the names of all manufacturers certified under section 11 of this p.
14 SHB 2439 The board must compile and maintain a current record of the names of all distributors, retailers, and delivery sales licenses under chapter 70.345 RCW and the status of their license or licenses and of the names of all manufacturers certified under section 11 of this act.
14 HB 2439 act.
(3) Any person licensed under chapter 70.345 RCW as a distributor, and any person licensed under chapter 70.345 RCW as a p.
(3) Any person licensed under chapter 70.345 RCW as a distributor, and any person licensed under chapter 70.345 RCW as a retailer, may not operate in any other capacity unless the additional appropriate license is first secured, except as otherwise provided by law.
15 SHB 2439 retailer, may not operate in any other capacity unless the additional appropriate license is first secured, except as otherwise provided by law.
(4) The penalties provided in this section are in addition to any other penalties provided by law for violating the provisions of this chapter or the rules adopted under this chapter.
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15 HB 2439 (4) The penalties provided in this section are in addition to any other penalties provided by law for violating the provisions of this chapter or the rules adopted under this chapter.
PART IV VAPOR PRODUCT EXTENDED PRODUCER RESPONSIBILITY/POLICY OPTIONS NEW SECTION.
PART IV VAPOR PRODUCT EXTENDED PRODUCER RESPONSIBILITY NEW SECTION.
(1) The department of ecology, in consultation with the liquor and cannabis board and other agencies the department deems appropriate, shall study policy options, cost viability, and the feasibility of the state requiring manufacturers of vapor products sold in Washington to participate in a stewardship organization with a plan approved by the department to provide for the collection, transportation, recycling, and disposal of vapor products and their component parts.
(1) The department of ecology, in consultation with the liquor and cannabis board and other agencies the department deems appropriate, shall study policy options and the feasibility of the state requiring manufacturers of vapor products sold in Washington to participate in a stewardship organization with a plan approved by the department to provide for the collection, transportation, recycling, and disposal of vapor products and their component parts.
(3) The department of ecology, in consultation with the liquor and cannabis board and other agencies the department deems p.
(3) The department of ecology shall submit a report on its study and results to the governor and the appropriate committees of the legislature by November 1, 2027.
16 SHB 2439 appropriate, shall include in the study required by this section an examination of alternative policy options, other than an extended producer responsibility program, by which to increase responsibility of the vapor product industry to mitigate and prevent environmental harms associated with discarded vapor products and their component parts, and to improve collection, transportation, recycling, and disposal of vapor products and their component parts.
(4) This section expires December 1, 2027.
The examination required by this subsection must also include an examination of the costs of the policies on participants.
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(4) The department of ecology shall submit a report on its study and results to the governor and the appropriate committees of the legislature by May 1, 2028.
16 HB 2439 PART V DEPARTMENT OF AGRICULTURE TESTING AUTHORITY Sec.
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(5) This section expires December 1, 2028.
PART V DEPARTMENT OF AGRICULTURE TESTING AUTHORITY Sec.
(b) Any enforcement officer who detains a person for the purpose of enforcing the provisions of this chapter and RCW 26.28.080 and p.
(b) Any enforcement officer who detains a person for the purpose of enforcing the provisions of this chapter and RCW 26.28.080 and 82.24.500 must collect the following information for each fiscal year since 2018:
17 SHB 2439 82.24.500 must collect the following information for each fiscal year since 2018:
(c) The board must compile the information collected pursuant to (b) of this subsection, along with any associated demographic data in the possession of the board, and conduct a comparative analysis of all interactions of enforcement officers with persons detained for the purpose of enforcing Title 66 RCW and chapter 69.50 RCW into a statewide report and provide the report to the appropriate committees of the legislature by December 1, 2023, and annually thereafter.
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17 HB 2439 (c) The board must compile the information collected pursuant to (b) of this subsection, along with any associated demographic data in the possession of the board, and conduct a comparative analysis of all interactions of enforcement officers with persons detained for the purpose of enforcing Title 66 RCW and chapter 69.50 RCW into a statewide report and provide the report to the appropriate committees of the legislature by December 1, 2023, and annually thereafter.
(a) The board, in consultation with the department of health and local county health jurisdictions, may cause a vapor product substance or solution sample, purchased or obtained from any vapor p.
(a) The board, in consultation with the department of health and local county health jurisdictions, may cause a vapor product substance or solution sample, purchased or obtained from any vapor product retailer, distributor, or delivery sale licensee, to be analyzed by an analyst appointed or designated by the board;
18 SHB 2439 product retailer, distributor, or delivery sale licensee, to be analyzed by an analyst appointed or designated by the board;
and (c) If upon a finding from the secretary of health or local health jurisdiction that the vapor product poses an injurious risk to public health or significant public health risk, the retailer or delivery sale licensee does not remove the product from sale, the secretary of health or local health officer may file for an injunction in superior court prohibiting the sale or distribution of that specific vapor product substance or solution.
and (c) If upon a finding from the secretary of health or local health jurisdiction that the vapor product poses an injurious risk to public health or significant public health risk, the retailer or delivery sale licensee does not remove the product from sale, the secretary of health or local health officer may file for an p.
18 HB 2439 injunction in superior court prohibiting the sale or distribution of that specific vapor product substance or solution.
(1) ((Where there may be a question of a person's right to purchase or obtain tobacco products by reason of age, the)) A retailer or agent ((thereof,)) shall require the purchaser of a tobacco product or vapor product to present, for verification by the retailer or agent using a digital device or application, any one of the following officially issued identification that shows the purchaser's age and bears his or her signature and photograph:
(1) ((Where there may be a question of a person's right to purchase or obtain tobacco products by reason of age, the)) A retailer or agent ((thereof,)) shall require the purchaser of a tobacco product or vapor product to present any one of the following officially issued identification that shows the purchaser's age and bears his or her signature and photograph:
(a) Liquor control authority card of identification of a state or p.
(a) Liquor control authority card of identification of a state or province of Canada;
19 SHB 2439 province of Canada;
(2) It is a defense to a prosecution under RCW 26.28.080 that the person making a sale reasonably relied on any of the officially issued identification as defined in subsection (1) of this section if the person making the sale used a digital device or application to verify the purchaser was age 21 or over and the digital device or application indicated the purchaser was age 21 or over.
(2) It is a defense to a prosecution under RCW 26.28.080 that the person making a sale reasonably relied on any of the officially p.
19 HB 2439 issued identification as defined in subsection (1) of this section.
(1) ((When there may be a question of a person's right to purchase or obtain vapor products by reason of age)) Before completing a transaction for the sale of vapor products, the retailer or agent thereof, must require the purchaser to present, for verification by the retailer or agent using a digital device or application, any one of the following officially issued forms of identification that shows the purchaser's age and bears his or her signature and photograph:
(1) ((When there may be a question of a person's right to purchase or obtain vapor products by reason of age)) Before completing a transaction for the sale of vapor products, the retailer or agent thereof, must require the purchaser to present any one of the following officially issued forms of identification that shows the purchaser's age and bears his or her signature and photograph:
(f) enrollment card, issued by p.
(f) enrollment card, issued by the governing authority of a federally recognized Indian tribe located in Washington, that incorporates security features comparable to those implemented by the department of licensing for Washington drivers' licenses.
20 SHB 2439 the governing authority of a federally recognized Indian tribe located in Washington, that incorporates security features comparable to those implemented by the department of licensing for Washington drivers' licenses.
(2) It is a defense to a prosecution under RCW 26.28.080 that the person making a sale reasonably relied on any of the officially issued identification as defined in subsection (1) of this section if the person making the sale used a digital device or application to verify the purchaser was age 21 or over and the digital device or application indicated the purchaser was age 21 or over.
(2) It is a defense to a prosecution under RCW 26.28.080 that the person making a sale reasonably relied on any of the officially issued identification as defined in subsection (1) of this section.
PART VII PRODUCT PROHIBITIONS, TRIBAL RETAILERS, AND THE CONSUMER PROTECTION ACT NEW SECTION.
PART VII PRODUCT PROHIBITIONS, TRIBAL RETAILERS, AND THE CONSUMER PROTECTION ACT p.
20 HB 2439 NEW SECTION.
Beginning January 1, 2027, no vapor product retailer, delivery sale licensee, distributor, or other person may market, promote, p.
Beginning January 1, 2027, no vapor product retailer, delivery sale licensee, distributor, or other person may market, promote, label, brand, advertise, distribute, offer for sale, or sell a vapor product in this state by:
21 SHB 2439 label, brand, advertise, distribute, offer for sale, or sell a vapor product in this state by:
In recognition of the sovereign authority of tribal governments, the governor may seek government-to-government negotiations with federally recognized Indian tribes regarding prohibiting the sale and offer for sale of any entertainment vapor product and vapor products identified in section 24 of this act, and the display, marketing, or advertising for sale of such products, in compacts entered into under RCW 43.06.505 through 43.06.515.
In recognition of the sovereign authority of tribal governments, the governor may seek government-to-government negotiations with federally recognized Indian tribes regarding prohibiting the sale and offer for sale of any entertainment vapor product and vapor products identified in section 24 of this act, and the display, marketing, or p.
21 HB 2439 advertising for sale of such products, in compacts entered into under RCW 43.06.505 through 43.06.515.
Enforcement of sections 23 and 24 of this act through chapter 19.86 RCW is solely the authority of the attorney general.
PART VIII PENALTIES Sec.
p.
22 SHB 2439 PART VIII PENALTIES Sec.
(i) A monetary penalty of $200 for the first violation within any three-year period;
p.
22 HB 2439 (i) A monetary penalty of $200 for the first violation within any three-year period;
p.
(i) A monetary penalty of $1,000 for the first violation within any three-year period;
23 SHB 2439 (i) A monetary penalty of $1,000 for the first violation within any three-year period;
(4) The ((liquor and cannabis)) board may impose a monetary penalty upon any person other than a licensed cigarette or tobacco product retailer if the ((liquor and cannabis)) board finds that the person has violated RCW 26.28.080, 70.155.020, 70.155.030, 70.155.040, 70.155.050, 70.155.070, or 70.155.090.
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23 HB 2439 (4) The ((liquor and cannabis)) board may impose a monetary penalty upon any person other than a licensed cigarette or tobacco product retailer if the ((liquor and cannabis)) board finds that the person has violated RCW 26.28.080, 70.155.020, 70.155.030, 70.155.040, 70.155.050, 70.155.070, or 70.155.090.
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(6) The ((liquor and cannabis)) board may develop and offer a class for retail clerks and use this class in lieu of a monetary penalty for the clerk's first violation.
24 SHB 2439 (6) The ((liquor and cannabis)) board may develop and offer a class for retail clerks and use this class in lieu of a monetary penalty for the clerk's first violation.
(10) The ((liquor and cannabis)) board may reduce or waive either the penalties or the suspension or revocation of a license, or both, as set forth in this chapter where the elements of proof are inadequate or where there are mitigating circumstances.
(10) The ((liquor and cannabis)) board may reduce or waive either the penalties or the suspension or revocation of a license, or both, as set forth in this chapter where the elements of proof are p.
24 HB 2439 inadequate or where there are mitigating circumstances.
p.
(a) A monetary penalty of ((two hundred dollars)) $1,000 for the first violation within any three-year period;
25 SHB 2439 (a) A monetary penalty of ((two hundred dollars)) $1,000 for the first violation within any three-year period;
(4) Any retailer's licenses issued under chapter 82.24 or 82.26 RCW to a person whose vapor product retailer's license or licenses have been suspended or revoked for violating RCW 26.28.080, or section 23 or 24 of this act, must also be suspended or revoked during the period of suspension or revocation under this section.
(4) Any retailer's licenses issued under chapter 82.24 or 82.26 RCW to a person whose vapor product retailer's license or licenses have been suspended or revoked for violating RCW 26.28.080, or p.
25 HB 2439 section 23 or 24 of this act, must also be suspended or revoked during the period of suspension or revocation under this section.
(8) The board may issue a cease and desist order to any person who is found by the board to have violated or ((intending [intends])) intends to violate the provisions of this chapter or RCW 26.28.080, p.
(8) The board may issue a cease and desist order to any person who is found by the board to have violated or ((intending [intends])) intends to violate the provisions of this chapter or RCW 26.28.080, requiring such person to cease specified conduct that is in violation.
26 SHB 2439 requiring such person to cease specified conduct that is in violation.
PART IX LICENSE FEES Sec.
PART IX LICENSE FEES p.
26 HB 2439 Sec.
A separate license p.
A separate license is required for each separate location at which the retailer operates.
27 SHB 2439 is required for each separate location at which the retailer operates.
The board must require each licensed wholesaler to file with the department of revenue a bond in an amount not less than ((one thousand dollars)) $1,000 to guarantee the proper performance of the duties and the discharge of the liabilities under this chapter.
p.
27 HB 2439 The board must require each licensed wholesaler to file with the department of revenue a bond in an amount not less than ((one thousand dollars)) $1,000 to guarantee the proper performance of the duties and the discharge of the liabilities under this chapter.
A fee of ((thirty additional p.
A fee of ((thirty additional dollars)) an additional $200 for each vending machine must accompany each application or renewal for a license issued to a retail dealer operating a cigarette vending machine.
28 SHB 2439 dollars)) an additional $200 for each vending machine must accompany each application or renewal for a license issued to a retail dealer operating a cigarette vending machine.
(2) The fees imposed under subsection (1) of this section do not apply to any person applying for a distributor's license or for renewal of a distributor's license if the person has a valid wholesaler's license under RCW 82.24.510 for the place of business associated with the distributor's license application or license renewal application.
(2) The fees imposed under subsection (1) of this section do not apply to any person applying for a distributor's license or for renewal of a distributor's license if the person has a valid wholesaler's license under RCW 82.24.510 for the place of business p.
28 HB 2439 associated with the distributor's license application or license renewal application.
(((3) A retailer applying for, or renewing, both a retailer's license under RCW 82.26.170 and a vapor products retailer's license p.
(((3) A retailer applying for, or renewing, both a retailer's license under RCW 82.26.170 and a vapor products retailer's license under RCW 70.345.020 may pay a combined application fee of two hundred fifty dollars for both licenses.)) PART X PROHIBITION ON DISCOUNTS NEW SECTION.
29 SHB 2439 under RCW 70.345.020 may pay a combined application fee of two hundred fifty dollars for both licenses.)) PART X PROHIBITION ON DISCOUNTS NEW SECTION.
PART XI PROHIBITION ON COUPONS Sec.
PART XI p.
29 HB 2439 PROHIBITION ON COUPONS Sec.
(1) No person shall give or distribute a coupon that may be redeemed to obtain cigarettes or other tobacco products ((to a person by a coupon if such coupon is redeemed in any manner that does not require an in-person transaction in a retail store)) for free or at no cost to the person redeeming the coupon.
No person shall give or distribute cigarettes or other tobacco products to a person by a coupon ((if such coupon is redeemed in any manner that does not require an in-person transaction in a retail store)).
This section does not prohibit a person from giving or distributing coupons that provide a multipack discount, including but not limited to a buy one, get one free promotion.
Sec.
(2) No person may give or distribute free samples of cigarettes or other tobacco products.
p.
30 SHB 2439 Sec.
(((1))) No person may give or distribute vapor products to a person ((free of charge)) in a retail transaction by a coupon((, unless the vapor product was provided to the person as a contingency of prior or the same purchase as part of an in-person transaction or delivery sale.
(((1))) No person may give or distribute vapor products to a person ((free of charge)) by a coupon((, unless the vapor product was provided to the person as a contingency of prior or the same purchase as part of an in-person transaction or delivery sale.
Nothing in this section prohibits the use of coupons by a vapor product retailer, delivery seller, distributor, or manufacturer of vapor products, in a wholesale transaction involving vapor products.
PART XIII TOBACCO PRODUCTS TAX Sec.
PART XIII REMOVING LOCAL PREEMPTION Sec.
RCW 70.155.130 and 1993 c 507 s 14 are each amended to read as follows:
p.
30 HB 2439 ((This)) Nothing in this chapter preempts political subdivisions from adopting or enforcing requirements for the licensure and regulation of tobacco product promotions and sales ((within retail stores, except that political subdivisions that have adopted ordinances prohibiting sampling by January 1, 1993, may continue to enforce these ordinances.
No political subdivision may:
(1) Impose fees or license requirements on retail businesses for possessing or selling cigarettes or tobacco products, other than general business taxes or license fees not primarily levied on tobacco products;
or (2) regulate or prohibit activities covered by RCW 70.155.020 through 70.155.080.
This chapter does not otherwise preempt political subdivisions from adopting ordinances regulating the sale, purchase, use, or promotion of tobacco products not inconsistent with chapter 507, Laws of 1993)).
Sec.
43.
RCW 70.345.210 and 2016 sp.s.
c 38 s 3 are each amended to read as follows:
(1) ((This)) Nothing in this chapter preempts political subdivisions from adopting or enforcing requirements for the licensure and regulation of vapor product promotions and sales ((at retail.
No political subdivision may impose fees or license requirements on retail outlets for possessing or selling vapor products, other than general business taxes or license fees not primarily levied on such products)).
(2) No political subdivision may regulate the use of vapor products in outdoor public places, unless the public place is an area where children congregate, such as schools, playgrounds, and parks.
(3) Subject to RCW 70.345.150, political subdivisions may regulate the use of vapor products in indoor public places.
PART XIV TOBACCO PRODUCTS TAX Sec.
44.
(a) For cigars except little cigars, ((ninety-five)) 95 percent of the taxable sales price of cigars, not to exceed ((sixty-five)) 65 cents per cigar;
31 SHB 2439 (b) For all tobacco products except those covered under separate provisions of this subsection, ((ninety-five)) 95 percent of the taxable sales price.
31 HB 2439 (a) For cigars except little cigars, ((ninety-five)) 95 percent of the taxable sales price of cigars, not to exceed ((sixty-five)) 65 cents per cigar;
(b) For all tobacco products except those covered under separate provisions of this subsection, ((ninety-five)) 95 percent of the taxable sales price.
387k(g)(1), or by ((twenty- five)) 25 percent if that same product is issued a modified risk tobacco product order by the secretary of the United States department of health and human services pursuant to Title 21 U.S.C.
387k (g)(1), or by ((twenty- five)) 25 percent if that same product is issued a modified risk tobacco product order by the secretary of the United States department of health and human services pursuant to Title 21 U.S.C.
(b) The following amounts of moneys collected under this section must be deposited into the following accounts:
32 SHB 2439 (i) Up to $10,000,000 annually to the Andy Hill cancer research endowment fund match transfer account in accordance with RCW 43.348.080;
32 HB 2439 (b) The following amounts of moneys collected under this section must be deposited into the following accounts:
(i) Up to $10,000,000 annually to the Andy Hill cancer research endowment fund match transfer account in accordance with RCW 43.348.080;
43.
45.
To the extent the tax imposed under RCW 82.25.010 results in less than $10,000,000 annually to the Andy Hill cancer research endowment fund match transfer account, the remaining amount to reach $10,000,000 per fiscal year must be deposited into this account from the tobacco products tax in RCW 82.26.020.
To the extent the tax imposed under RCW 82.25.010 and other revenues to the account under subsection (3) of this section results in less than $10,000,000 annually to the Andy Hill cancer research endowment fund match transfer account, the remaining amount to reach $10,000,000 per fiscal year must be deposited into this account from the tobacco products tax in RCW 82.26.020.
(3) Revenues to the account must consist of deposits into the account, taxes imposed on vapor products under RCW 82.25.010, a portion of tobacco products taxes as provided in subsection (2) of this section and RCW 82.26.020, tax collections and penalties generated from enforcement of state taxes on cigarettes and other p.
(3) Revenues to the account must consist of deposits into the account, taxes imposed on vapor products under RCW 82.25.010, a p.
33 SHB 2439 tobacco products, legislative appropriations, and any gifts, grants, or donations received by the department for this purpose.
33 HB 2439 portion of tobacco products taxes as provided in subsection (2) of this section and RCW 82.26.020, legislative appropriations, and any gifts, grants, or donations received by the department for this purpose.
44.
46.
45.
47.
(1) The youth tobacco and vapor products prevention account is created in the state treasury.
p.
All fees collected pursuant to RCW p.
34 HB 2439 (1) The youth tobacco and vapor products prevention account is created in the state treasury.
34 SHB 2439 70.155.100(3)(b), 82.24.520, 82.24.530, 82.26.160, and 82.26.170 and funds collected by the board from the imposition of monetary penalties shall be deposited into this account, except that 10 percent of all such fees and penalties shall be deposited in the state general fund.
All fees collected pursuant to RCW 70.155.100(3)(b), 82.24.520, 82.24.530, 82.26.160, and 82.26.170 and funds collected by the board from the imposition of monetary penalties shall be deposited into this account, except that 10 percent of all such fees and penalties shall be deposited in the state general fund.
((During the 2019-2021 fiscal biennium, the department of health shall pay the costs incurred, up to 23 percent of available funds, in carrying out its enforcement responsibilities.)) (4) The department of health, the board, and the department of revenue shall enter into an interagency agreement for payment of the cost of administering the tobacco retailer licensing system and for the provision of quarterly documentation of tobacco wholesaler, retailer, and vending machine names and locations.
During the 2019-2021 fiscal biennium, the department of health shall pay the costs incurred, up to 23 percent of available funds, in carrying out its enforcement responsibilities.
(5) The department of health shall, within up to 70 percent of available funds, provide grants to local health departments or other local community agencies to develop and implement coordinated, evidence-based tobacco and vapor product intervention strategies to prevent and reduce tobacco and vapor product use by youth.
(4) The department of health, the board, and the department of revenue shall enter into an interagency agreement for payment of the cost of administering the tobacco retailer licensing system and for the provision of quarterly documentation of tobacco wholesaler, retailer, and vending machine names and locations.
((During the 2019-2021 fiscal biennium, the department of health shall, within up to 77 percent of available funds, provide grants to local health p.
(5) The department of health shall, within up to 70 percent of available funds, provide grants to local health departments or other local community agencies to develop and implement coordinated tobacco and vapor product intervention strategies to prevent and reduce tobacco and vapor product use by youth.
35 SHB 2439 departments or other local community agencies to develop and implement coordinated tobacco and vapor product intervention strategies to prevent and reduce tobacco and vapor product use by youth.)) NEW SECTION.
During the 2019-2021 fiscal biennium, the department of health shall, within up to 77 percent of p.
Sec.
35 HB 2439 available funds, provide grants to local health departments or other local community agencies to develop and implement coordinated tobacco and vapor product intervention strategies to prevent and reduce tobacco and vapor product use by youth.
46.
Sections 11 through 18 of this act take effect January 1, 2027.
36 SHB 2439
36 HB 2439
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Action History

  1. Public hearing in the House Committee on Appropriations at 10:30 AM.

  2. Referred to Appropriations.

  3. Minority; without recommendation.

  4. CPB - Majority; 1st substitute bill be substituted, do pass.

  5. Executive action taken in the House Committee on Consumer Protection & Business at 8:00 AM.

  6. Public hearing in the House Committee on Consumer Protection & Business at 1:30 PM.

  7. First reading, referred to Consumer Protection & Business.

Sponsors

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 147 not signed on

Sponsors (1)

Co-sponsors (3)

Not signed on (147)

147 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

public-safety healthcare
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Frequently asked questions

Who sponsors HB 2439?
HB 2439 is sponsored by Nicole Macri (Democrat), Gerry Pollet (Democrat), Lisa Parshley (Democrat), and Kristine Reeves (Democrat).
What is the current status of HB 2439?
This bill has passed the House. Introduced January 13, 2026. It now moves to the second chamber.
Where can I track HB 2439?
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