Laws that Prevent Stronger Local Tobacco Control Laws

A number of states have laws in place that prevent local communities from passing stronger local tobacco control laws.  The American Lung Association believes that local communities should be able to enact stronger measures than the state to protect their citizens from tobacco’s toll.

StateIssue Area Where Preemption ExistsSpecific Provisions Preempted
CaliforniaYouth AccessOnly preempts the amount of fines localities may impose for violations of certain youth access laws.
ConnecticutSmoking RestrictionsAny stronger local laws/ordinances further restricting smoking enacted after October 1, 1993 are not allowed.
DelawareYouth AccessLocal laws/ordinances further restricting youth access to tobacco products enacted after June 30, 1996 are not allowed under state law.
FloridaSmoking RestrictionsState law supersedes any municipal or county ordinance on the subject of the regulation of smoking.
IdahoLocal communities cannot issue or require a permit or license for the sale or distribution of tobacco products.
IndianaYouth AccessPreempts local laws/ordinances concerning the sale, distribution or display of tobacco products.
IowaYouth AccessAny stronger local law or regulation which is inconsistent with or conflicts with most state laws restricting youth access to tobacco products is prohibited.
KentuckyYouth AccessKentucky Revised Statutes section 438.305 to 438.340 preempts stronger local laws/ordinances concerning the use, display, sale and distribution of tobacco products enacted after March 5, 1996.
LouisianaYouth AccessStronger local laws/ordinances related to certain youth access laws restricting the sale, promotion and distribution of tobacco products are not allowed.
MassachusettsYouth AccessStronger local laws/ordinances concerning the sale of cigarette rolling papers are not allowed.
MichiganSmoking RestrictionsStronger local laws/ordinances on smoking in restaurants and bars are not allowed. Local communities also cannot regulate outdoor billboard advertising for smokeless tobacco products.
MississippiYouth AccessStronger local laws/ordinances related to certain specified laws concerning the sale, promotion, and distribution of tobacco are not allowed.
MissouriYouth AccessRequires state, county, municipal and other local law enforcement authorities to adhere to the mandatory guidelines set out by the Supervisor of Liquor Control when using minors in tobacco retailer compliance inspections.
MontanaYouth AccessEnactment of stronger local youth access laws/ordinances concerning Montana Code sections 16-11-301 to 16-11-308 are not allowed.
NebraskaSmoking RestrictionsStronger local laws/ordinances concerning smoking in cigar bars are not allowed.
NevadaYouth AccessStronger local laws/ordinances related to the sale, distribution, marketing, display or promotion of tobacco products are not allowed.
New HampshireSmoking RestrictionsLocal laws/ordinances on smoking more stringent than state law are not allowed.
New MexicoYouth AccessAll stronger local laws/ordinances further restricting youth access to tobacco products are not allowed.
New YorkYouth AccessStronger local laws/ordinances concerning the distribution of tobacco product samples only are not allowed.
North CarolinaSmoking Restrictions; Youth AccessStronger local laws/ordinances on smoking in private workplaces and other more specific locations and restricting youth access to tobacco products, except in relation to vending machines are not allowed.
North DakotaYouth AccessLocal laws/ordinances must adhere to specified penalties concerning the purchase or use of tobacco products by minors.
OklahomaSmoking Restrictions; Youth AccessProhibits local governing bodies from enacting stronger laws/ordinances concerning the smoking/use of, sale, purchase, distribution, advertising, sampling, promotion, display, possession, licensing, or taxation of tobacco products.
OregonYouth AccessStronger local laws/ordinances concerning tobacco product vending machines are not allowed.
PennsylvaniaSmoking Restrictions; Youth AccessPreempts all stronger local laws/ordinances further restricting smoking except Philadelphia's existing ordinance; also preempts all local laws/ordinances further restricting youth access to tobacco products enacted after January 1, 2002.
South CarolinaYouth AccessAll laws, ordinances or rules further restricting youth access to tobacco products may not supersede state law/regulation.
South DakotaSmoking Restrictions; Youth AccessStronger local laws/ordinances related to the use, distribution, marketing, promotion and sale of tobacco products are not allowed.
TennesseeSmoking Restrictions; Youth AccessPreempts local laws/ordinances/regulations further restricting smoking or youth access to tobacco products enacted or promulgated after March 15, 1994, except local governments, airport authorities, utility districts and special school districts are allowed to regulate smoking in their buildings and on their property.
UtahSmoking Restrictions; Youth AccessPreempts local laws/ordinances concerning smoking that are not essentially identical to state law except for certain places of outdoor public access; preemption of youth access laws/ordinances only applies to placement of tobacco products, mail order sales of tobacco products and tobacco product vending machines. Stronger local laws/ordinances dealing with advertising and promotion of tobacco products are also not allowed.
VirginiaSmoking RestrictionsLocal smoking ordinances adopted after January 1, 1990 shall not contain provisions that exceed state smoking restrictions, except as specified.
WashingtonSmoking Restrictions; Youth AccessStronger local laws/ordinances further restricting smoking and youth access to tobacco products are generally not allowed.
WisconsinSmoking Restrictions; Youth AccessLimited preemption of local laws/ordinances further restricting smoking in outdoor areas; local laws/ordinances restricting youth access to tobacco products must be the same as state law.
WyomingYouth AccessCertain state laws restricting youth access to tobacco products cannot be changed by local law/ordinance.