Restore Local Authority

Preemption is a problem because it creates barriers to health equity and blocks local policies that would protect young people from developing a nicotine addiction. Commercial tobacco disproportionately affects communities of color, lower-income individuals, LGBTQ+ people, and those living in rural areas, making state-level preemption policies even more harmful to these groups.

Effective and equitable policymaking should start from within the community. When local communities come up with solutions to their challenges and work together to implement them, state governments should support and enhance these efforts — not strike them down.

Public health and community health is inherently local. Preemption is often bad for community health because it takes away the power of a local governments to meet the needs of their specific communities.

The benefits of local policies and decision-making include:

• the ability to address specific local needs - like disparities in nicotine use;
• giving local communities more voice in protecting themselves from industry tactics; and
• fostering innovation through new policy approaches.

In states without preemption, cities and counties are able to adopt protective local policies, like these:

• Using local zoning laws to restrict smoke/vape shops from operating near schools, parks, playgrounds, and skate parks where children and youth gather
• Prohibiting sales of flavored e-cigarettes, menthol cigarettes and/or flavored cigars to reduce youth use and reduce disparities
• Limiting or prohibiting point-of-sale tobacco advertising that is visible to children and youth
• Prohibiting commercial tobacco sales in pharmacies, as it is contradictory to promoting health
• Restricting use of discount tactics and price promotions that can entice new users and increase access for youth
• Establishing minimum pack sizes for sales of cigars, little cigars, and cigarillos
• Issuing local tobacco retailer licenses to help support local compliance activities to prevent sales to underage youth.

These protective local policies are not allowed in Washington State.

Residents want what’s best for their towns and cities. They know their problems and see them up close. To fix problems, state governments should listen to local communities—not to commercial tobacco corporations that sell addictive, deadly products. Local knowledge should inform local laws.

Preemption of local commercial tobacco regulations is a policy choice in Washington State that can be changed by state policymakers.

State laws should provide a foundation to build on — ensuring basic protections so everyone is treated fairly. Local governments should have the ability to strengthen those protections based on what they know about their community's needs.

In fact, the "floor" preemption approach above already works in Washington for cannabis sales and marketing. State law only allows cannabis sales in more stringently regulated 21+ stores, limits the total number of retail licenses, and creates buffer zones around schools, playgrounds, parks, and other places children and youth gather. In addition, cities, towns, and counties can choose to limit the number of cannabis stores beyond state license limits, designate specific business zones for licensed cannabis stores, or prohibit cannabis sales entirely.