Republican State Senator Jimmy Higdon of Lebanon has introduced Senate Bill 100 to strengthen Kentucky's efforts to prevent underage vaping, and which seeks to build on and provide teeth to 2024 legislation that became effective on Jan. 1.
The 2024 measure laid the groundwork by defining authorized vapor products and establishing penalties for retailers selling to those who are under 21. However, enforcement challenges have persisted, primarily because of bad actors who negligently or intentionally allow the sale of vaping products to minors.
Higdon's proposed bill addresses these gaps by introducing a licensing requirement for all retailers selling tobacco and vape products. This would grant the Kentucky Department of Alcoholic Beverage Control (ABC) authority like that over alcohol sales, including the power to conduct inspections without prior notice and to address illegal activities. SB 100 would allocate a portion of fines collected from violations to fund youth vaping prevention and cessation programs, ensuring that penalties directly contribute to mitigating the issue.
According to the U.S. Food and Drug Administration’s 2024 Annual National Youth Tobacco Survey, 1.63 million middle and high school students reported current use of e-cigarettes.
“Advocates I recently met with have told me that in Kentucky, more students are reporting purchasing their vape products in retails stores (12 percent) than the national average (7.3 percent), and we are only one of 10 states across the country that doesn’t have a licensing requirement,” Higdon said. “This is troubling, and, as policymakers, we can’t just sit back while kids develop lifelong addictions.”
Advocates are concerned about access to vaping products despite laws prohibiting sales to minors. Availability also plays a role, as the American Lung Association says for every McDonald’s in Kentucky, there are at least 20 tobacco and vape stores.
“I’ve been a retail store owner, and I know for a fact the vast majority of Kentucky’s retailers take their responsibility seriously and follow the law because they understand the dangers of youth vaping, and smoking and drinking for that matter," Higdon said. “This bill isn’t about punishing responsible business owners—it’s about holding bad actors accountable. Those who repeatedly sell to minors are making life harder for the honest retailers who play by the rules, and we’re going to put a stop to it.”
The bill has not yet been assigned to a committee.
Photo: Senator Jimmy Higdon, R-Lebanon. (Kentucky Today/Tom Latek)
