HB 513, one of the bills that may be a slight break for vape sellers, has passed. Described as a “tax deduction for cigarette wholesalers when retailers fail to pay”, this may be one of the few pieces of legislation that doesn’t leave vapers unhappy with the law. 

Recap: What does this bill do?

As stated above, the majority of the bill focuses on taxes and how to cope with debts from uncollected tobacco taxes. Ohio is one of the states that taxes e liquids at a fairly high rate – 10 cents per milliliter of juice. That tax adds up quickly, and with a tax that high, there is incentive to start finding ways around the tax. One way that may have been done is through lack of clarity as to who pays the tax. When e liquid is sold from wholesale to retailers, there should be tax collected, but with lack of communication, it may not be clear who is responsible for this large tax.

Most of the bill deals with how to handle those taxes, particularly if they have not been paid. However, the taxation part is not the part that concerns vapers – it is the part of HB513 described by Ohio Capital Journal as “A late amendment tacked on prohibitions for local tobacco regulations.” The relevant parts of the bill are as follows:

“No political subdivision may enact, adopt, renew, maintain, enforce, or continue in existence any charter provision, ordinance, resolution, rule, or other measure that conflicts with or preempts any policy of the state regarding the regulation of tobacco products or alternative nicotine products.”

What happens now?

The reason this HB513 was referred to as a preemption bill was because the bill prevents any regulations that are more stringent than state tobacco laws from taking precedence. Currently, there are two main cities that would come into conflict with this bill. Since HB513 is a state law and the others are city laws, state law would take precedence over the bans. The fact that HB513 conflicts with those laws is what attracted attention in the first place. 

Columbus is a city in Ohio that has banned all flavored tobacco products –  a ban that is stricter than the FDA allowed products. Columbus’s ban was set to start in January 2024, but is likely not to come into effect due to the passing of HB513. Toledo is another city that has a ban on flavored cartridges. That ban is also in conflict with HB513. 

Though law and its application are two different things, HB513 passing is one of the more positive pieces of legislation concerning vapers for a long time.

References: 

What will DeWine sign? Lawmakers passed more than 30 bills on last day of session

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The Louisiana Senate has passed a bill to let patients with terminal and irreversible conditions use medical marijuana in hospitals.

The body approved the legislation, SB 270 from Sen. Katrina Jackson-Andrews (D), in a vote of 33-2 on Wednesday. It now heads to the House of Representatives for consideration.

“This bill does exactly what the title says,” Jackson-Andrews said on the floor ahead of the vote. “When a patient is in pain and they believe that therapeutic marijuana will work and have a prescription for it, it allows them to have that prescription delivered to the hospital and administered by one of their family members or themselves.”

Under the proposal, hospitals would have to create written guidelines allowing covered patients to consume medical cannabis on-site in forms other than smoking or vaping.

Under an amendment adopted by a Senate committee earlier this month, emergency or outpatient departments would be exempted from the policy. The revised legislation also clarifies that patients and primary caregivers are responsible for acquiring and administering medical marijuana, which must be “stored securely at all times in a locked container provided by the patient.”

Health care professionals and staff would be prohibited from “administering, storing, retrieving, or assisting the patient with the medical marijuana,” the text says.

The amendment, which the sponsor worked on with help from the Louisiana Hospital Association, also allows hospitals to opt out of the policy if federal officials take action against any healthcare facility in the state over medical cannabis use, rather than only allowing those that were specifically targeted to stop complying.

“This bill was brought at the request of constituents who believe that therapeutic medical marijuana, which is already legal in this state, should be offered in hospitals when patients are terminally ill or otherwise in need the comfort of this medicine,” Jackson-Andrews told the Senate Health and Welfare Committee when the panel took up the legislation.

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Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

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Meanwhile in Louisiana, the Senate Health and Welfare Committee recently approved a bill to create a psychedelic-assisted therapy pilot program, using opioid settlement dollars to fund clinical trials aimed at developing alternative treatments such as psilocybin and ibogaine.

Lawmakers are also considering legislation to create an adult-use marijuana legalization pilot program in the state to determine whether the reform should eventually be expanded and permanently codified.

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