Are e-cigarettes in any section of the state’s statutes included in the definition of "Tobacco Products"?

Yes.
Haw. Rev. Stat. §§ 245-1, 323F-34(d), 321-211, 328J-1, 712-1258(7), 304A-122(c) (2023)

 

How does the state define an e-cigarette?

Youth Access and Use

Electronic smoking device means “any electronic product that can be used to aerosolize and deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, hookah pipe, or hookah pen, and any cartridge or other component of the device or related product.”
Haw. Rev. Stat. §§ 323F-34(d) (use at Hawaii Health Systems Corp.), 321-211 (youth possession/use); 328J-1 (use restriction), 712-1258(7) (youth access), 28-162 (registration), 304A-122(c) (2023) (use on University of Hawaii property)

Tobacco product means “tobacco in any form, including an electronic smoking device, cigarettes, cigars, snuff, and chewing tobacco, that is prepared or intended for consumption by, or the personal use of, humans.”
Haw. Rev. Stat. § 321-211 (2023)

Tobacco product means “any product made or derived from tobacco that contains nicotine or other substances, and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including but not limited to a cigarette, cigar, pipe tobacco, chewing tobacco, snuff, snus, or an electronic smoking device.”
Haw. Rev. Stat. §§ 304A-122(c) (use on University of Hawaii property)323F-34(d)  (use at Hawaii Health Systems Corp.), 328J-1 (use restriction), 712-1258(7) (2023) (youth access)

Tax

Electronic smoking device means “any device that may be used to deliver any aerosolized or vaporized substance to a person inhaling from the device, including but not limited to an electronic cigarette, electronic cigar, electronic pipe, vaper pen, or electronic hookah…”
Haw. Rev. Stat. § 245-1 (2023)

E-liquid means “any liquid or like substance, which may or may not contain nicotine, that is designed or intended to be use in an electronic smoking device, whether or not packaged in a cartridge or other container.”
Haw. Rev. Stat. § 245-1 (2023)

Tobacco products means “(1) Tobacco in any form, other than cigarettes or little cigars, that is prepared or intended for consumption or for personal use by humans, including large cigars and any substitutes thereof other than cigarettes that bear the semblance thereof, snuff, chewing or smokeless tobacco, and smoking or pipe tobacco; or (2) Electronic smoking devices; or (3) E-liquid."
Haw. Rev. Stat. § 245-1 (2023)

Use in State Parks

Electronic smoking device means “any electronic product that can be used to simulate smoking in the delivery of nicotine or other substances to the person inhaling from the device, including but not limited to an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe, and any cartridge or other component of the device or related product.”
Haw. Rev. Stat. § 184-4.5(c) (2023)

 

Is there a state excise or special tax (non-sales tax) placed on e-cigarettes?

Tax of 70% of the wholesale price assessed on each electronic smoking device or e-liquid sold, used, or possessed by a wholesaler or dealer on or after January 1, 2024.
Haw. Reg. Stat. § 245-3(a)(14) (2023) (Effective July 1, 2023)

 

What regulations are in place for e-cigarette packaging?

N/A

 

What restrictions are in place for retail or youth access?

Sale/distribution of electronic smoking devices to persons under age 21 prohibited.
Haw. Rev. Stat. § 712-1258(1) (2023) (delivery sales)

Purchase/possession of electronic smoking device by person under age 21 prohibited.
Haw. Rev. Stat. § 712-1258(5) (2023)

Possession or use of electronic smoking device by person under age 21 in public prohibited.
Haw. Rev. Stat. § 321-212 (2023)

Distribution of samples of electronic smoking devices on public property or within 1000 feet of a school is prohibited.
Haw. Rev. Stat. § 328J-17(a) (2023)

Face-to-face sales of electronic smoking devices required (i.e., no self-service displays or vending sales) except in duty-free facilities and adult-only tobacco businesses.
Haw. Rev. Stat. § 328J-18 (2023)

 

Is a retail license or permit required to sell e-cigarettes?

Yes.
Haw. Rev. Stat. §§ 28-164 (registration), 245-2(a) (wholesale license), 245-2.5(a) (retail permit) (2023) (license and permit requirement effective July 1, 2023)

 

What smoke-free restrictions exist for e-cigarette use?

Use of electronic smoking devices included in definition of smoking and prohibited in same places smoking is prohibited including enclosed or partially enclosed places that are: owned, leased or operated by the state or counties, open to the public, places of employment, sports arenas/stadiums, and within 20 feet of entrances and exits to such places (with some exceptions).
Haw. Rev. Stat. §§ 328J-1 (definition of "smoking"), 328J-2 to 328J-7 (2023)

Use of electronic smoking devices prohibited in state parks.
Haw. Rev. Stat. § 184-4.5(a) (2023)

Use of vapor cigarettes or e-cigarettes in parks.
Haw. Code R. § 15-210-13(a)(25) (2023)

Use of electronic smoking devices prohibited on indoor and outdoor areas of Hawaii Health Systems Corporation property.
Haw. Rev. Stat. § 323F-34(a) (2023)

Use of electronic smoking devices prohibited on University of Hawaii property.
 Haw. Rev. Stat. § 304A-122(a) (2023)

 

Hawai'i e-cigarette regulations as of December 15, 2023.

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