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HB1532
HOUSE OF REPRESENTATIVES
H.B. NO.
1532
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO TAXATION
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The legislature finds that Act 62, Session
Laws of Hawaii 2023 (Act 62), provides, among other things, additional layers
of protection against the rapid growth of the use of electronic smoking devices
among youth and young adults.
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Act 62
also establishes the offense of unlawful shipment of tobacco products, which
was intended to close the existing loophole in state law that allowed minors to
purchase electronic smoking devices on the Internet.
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However, the new offense of unlawful shipment
of tobacco products includes large cigars and pipe tobacco, which has created
unintended consequences for many adult consumers in the State.
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The legislature notes that federal law
permits large cigars and pipe tobacco to be mailed via the United States Postal
Service, unlike cigarettes and electronic smoking devices.
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The purpose of this Act is to
exclude
from the offense of unlawful
shipment of tobacco products the direct sale of large cigars and pipe tobacco to
adult consumers for personal use
.
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SECTION
2
.
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Section
245-16.5, Hawaii Revised Statutes, is amended by amending subsection (b) to
read as follows:
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"(b)
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This section shall not apply to the shipment
of tobacco products if any of the following conditions are met:
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(1)
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The tobacco
products are exempt from taxes as provided by section 245-3(b); [
or
]
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(2)
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The
tobacco products are large cigars or pipe tobacco that is shipped to a person
twenty-one years of age or older for personal consumption only and not for
resale or distribution; or
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[
(2)
]
(3)
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All applicable state taxes on the
tobacco products are paid in accordance with the requirements of this
chapter."
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SECTION
3.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION 4.
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This Act shall take effect on January 1,
2027.
INTRODUCED BY:
_____________________________
Report Title:
Taxation;
Large Cigars; Pipe Tobacco; Unlawful Shipment of Tobacco Products; Direct Sale;
Personal Use; Exemption
Description:
Excludes
from the offense of unlawful shipment of tobacco products the direct sale of
large cigars and pipe tobacco to adult consumers for personal use.
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Effective 1/1/2027.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.