California voters approved Proposition 56, which increased the excise tax rate on cigarettes and expanded the definition of “tobacco products” to include any type of tobacco, nicotine, little cigars, and electronic cigarettes sold in combination with nicotine.
On April 1, the cigarette tax rate will increase from $0.87 to $2.87 per pack of 20 cigarettes. In addition, the distribution of nicotine delivery devices – including, but not limited to, electronic cigarettes, e-cigars, e-pipes, vape pens, and e-hookahs – sold in combination with substances containing nicotine will be subject to the current tobacco products tax rate of 27.30 percent of the wholesale cost of the product.
Nicotine delivery devices sold independently and not in combination with any liquid or substance containing nicotine are not subject to excise tax. This includes any battery, battery charger, carrying case, or any other accessory used in the operation of a nicotine delivery device.
Any product approved by the U. S. Food and Drug Administration as a tobacco cessation product or other therapeutic purpose when that product is marketed and sold for such approved use (for instance, nicotine patches) will also not be subject to the excise tax.
Additional information regarding the provisions of Proposition 56 is available online. You may also view the BOE’s online Cigarette and Tobacco Products Tax Guide, or watch our video, How new laws affect cigarette and tobacco products.