Restore Local Authority

State preemption of local authority to regulate commercial tobacco creates barriers to health equity and blocks local policies to protect youth from developing a nicotine addiction. Certain communities suffer even greater adverse impacts when state-level preemption policies are in place, because commercial tobacco-related health impacts disproportionately burden lower-income, LGBTQ+, communities of color, and rural communities.

Learn about local authority in other states: CDC's State Tobacco Activities Tracking and Evaluation (STATE) System.

Effective and equitable policymaking should start from within the community. When local communities come up with a solution for their challenges and work together to put it into practice, state governments should help them to improve it—not strike it down.

Benefits to local decision-making & local policies include:

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

In states without preemption, cities and counties are able to adopt protective local policies like these that are not allowed in Washington State:

• Using local zoning laws to restrict smoke shops or vape stores 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 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

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

Local Knowledge Informs Local Laws.

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 be listening to our communities—not to commercial tobacco corporations that sell addictive, deadly products that also pollute our environments.

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, this floor preemption approach 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.