Preemptive State Tobacco Control Laws and Affected Provisions
Preemption = language generally in state law that prevents local communities from passing ordinances stronger than state law in a particular area.
| State | Issue Area Where Preemption Exists | Specific Provisions Preempted |
|---|---|---|
| Arkansas | Youth Access/Tobacco Sales Laws | Any stronger local laws/ordinances regulating the manufacture, storage, sale or distribution of tobacco products are not allowed. |
| California | Youth Access/Tobacco Sales Laws | Only preempts the amount of fines localities may impose for violations of certain youth access laws. |
| Connecticut | Smoking Restrictions | Any stronger local laws/ordinances further restricting smoking enacted after October 1, 1993, are not allowed. |
| Delaware | Youth Access/Tobacco Sales Laws | Local laws/ordinances further restricting youth access to tobacco products enacted after June 30, 1996, are not allowed under state law. |
| Florida | Smoking Restrictions | State law supersedes any municipal or county ordinance about the regulation of smoking. |
| Georgia | Youth Access/Tobacco Sales Laws | State constitution contains provision that makes all state laws preemptive unless state legislature explicitly grants local communities the ability to pass stronger laws. Applies to youth access laws in the tobacco control context. |
| Hawaii | Youth Access/Tobacco Sales Laws | All stronger local laws/ordinances related to the sale of tobacco products are prohibited as of July 2018. |
| Idaho | Youth Access/Tobacco Sales Laws | Local communities cannot issue or require a permit or license for the sale or distribution of tobacco products. |
| Illinois | Advertising & Promotion | Local communities cannot regulate outdoor billboard advertising for smokeless tobacco products. |
| Indiana | Youth Access/Tobacco Sales Laws | Preempts local laws/ordinances concerning the sale, distribution or display of tobacco products. |
| Iowa | Youth Access/Tobacco Sales Laws | Any stronger local law or regulation which is inconsistent with or conflicts with most state laws restricting youth access to tobacco products is prohibited. |
| Kentucky | Youth Access/Tobacco Sales Laws | Preempts stronger local laws/ordinances concerning the display, sale and distribution of tobacco products addressed under Kentucky Revised Statutes section 438.305 to 438.340 and enacted after March 5, 1996. |
| Louisiana | Youth Access/Tobacco Sales Laws | Stronger local laws/ordinances related to certain youth access laws restricting the sale, promotion and distribution of tobacco products are not allowed. |
| Maryland | Youth Access/Tobacco Sales Laws | Local laws/ordinances concerning the sales and licensing of tobacco products are prohibited due to a 2013 court decision. |
| Massachusetts | Youth Access/Tobacco Sales Laws | Stronger local laws/ordinances that set an age of sale above 21 for tobacco products are not allowed. |
| Michigan | Smoking Restrictions; Youth Access/Tobacco Sales Laws; Advertising & Promotion | Stronger local laws/ordinances on smoking in restaurants and bars are not allowed. Local communities cannot increase the age of sale for tobacco products above age 18. Local communities also cannot regulate outdoor billboard advertising for smokeless tobacco products. |
| Mississippi | Youth Access/Tobacco Sales Laws | Stronger local laws/ordinances related to certain specified laws concerning the sale, promotion, and distribution of tobacco are not allowed. |
| Missouri | Youth Access/Tobacco Sales Laws | Requires state, county, municipal and other local law enforcement authorities to adhere to the mandatory guidelines set out by the Supervisor of Liquor Control when using minors in tobacco retailer compliance inspections. |
| Montana | Youth Access/Tobacco Sales Laws | Enactment of stronger local youth access laws/ordinances concerning Montana Code sections 16-11-301 to 16-11- 308 are not allowed. |
| Nebraska | Smoking Restrictions | Stronger local laws/ordinances concerning smoking in cigar bars are not allowed. |
| Nevada | Youth Access/Tobacco Sales Laws | Stronger local laws/ordinances related to the sale, distribution, marketing, display or promotion of tobacco products are not allowed; however, local communities are allowed to require licenses for retailers and wholesalers of cigarettes and other tobacco products. |
| New Hampshire | Smoking Restrictions | Local laws/ordinances on smoking more stringent than state law are not allowed. |
| New Mexico | Youth Access/Tobacco Sales Laws | All stronger local laws/ordinances further restricting youth access to tobacco products are not allowed. |
| New York | Youth Access/Tobacco Sales Laws | Stronger local laws/ordinances concerning the distribution of tobacco product samples only are not allowed. |
| North Carolina | Youth Access/Tobacco Sales Laws; Smoking Restrictions | Stronger local laws/ordinances on smoking in private workplaces and other more specific locations and restricting youth access to tobacco products, except in relation to vending machines are not allowed. |
| North Dakota | Youth Access/Tobacco Sales Laws | Local laws/ordinances must adhere to specified penalties concerning the purchase or use of tobacco products by minors. |
| Oklahoma | Youth Access/Tobacco Sales Laws; Smoking Restrictions; Advertising & Promotion | Prohibits local governing bodies from enacting stronger laws/ordinances concerning the smoking/use of, sale, purchase, distribution, advertising, sampling, promotion, display, possession, licensing, or taxation of tobacco products. |
| Oregon | Youth Access/Tobacco Sales Laws | Stronger local laws/ordinances concerning tobacco product vending machines are not allowed. |
| Pennsylvania | Smoking Restrictions; Youth Access/Tobacco Sales Laws | Preempts all stronger local laws/ordinances further restricting smoking except Philadelphia's existing ordinance. Also preempts all local laws/ordinances further restricting youth access to tobacco products enacted after January 1, 2002; an exemption from this for Philadelphia was removed in 2018. |
| South Carolina | Youth Access/Tobacco Sales Laws | Most laws, ordinances or rules further restricting youth access to tobacco products may not supersede state law/regulation. |
| South Dakota | Youth Access/Tobacco Sales Laws; Smoking Restrictions; Advertising & Promotion | Stronger local laws/ordinances related to the use, distribution, marketing, promotion and sale of tobacco products are not allowed. |
| Tennessee | Youth Access/Tobacco Sales Laws; Smoking Restrictions; Advertising & Promotion | Preempts local laws/ordinances/regulations further restricting smoking or youth access to tobacco products enacted or promulgated after March 15, 1994, except regulation of smoking/use of tobacco products by certain specified entities and/or locations is allowed. |
| Texas | Youth Access/Tobacco Sales Laws | Local laws/ordinances setting an age of sale for tobacco products above age 21 are not allowed. |
| Utah | Youth Access/Tobacco Sales Laws; Smoking Restrictions; Advertising & Promotion | Preempts local laws/ordinances concerning smoking that are not essentially identical to state law except for certain places of outdoor public access; preemption of youth access laws/ordinances only applies to placement of tobacco products, mail order sales of tobacco products and tobacco product vending machines. Stronger local laws/ordinances dealing with advertising and promotion of tobacco products are also not allowed. |
| Virginia | Smoking Restrictions | Local smoking ordinances adopted after January 1, 1990 shall not contain provisions that exceed state smoking restrictions, except as specified. |
| Washington | Youth Access/Tobacco Sales Laws | Stronger local laws/ordinances further restricting smoking and youth access to tobacco products are generally not allowed. |
| West Virginia | Advertising & Promotion | The warning, format or type style on any outdoor billboard advertising for smokeless tobacco products are preempted. |
| Wisconsin | Youth Access/Tobacco Sales Laws; Smoking Restrictions | Limited preemption of local laws/ordinances further restricting smoking in outdoor areas; local laws/ordinances restricting youth access to tobacco products must be the same as state law. |
| Wyoming | Youth Access/Tobacco Sales Laws | Certain state laws restricting youth access to tobacco products cannot be changed by local law/ordinance. |
Page last updated: April 18, 2024
