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Taxing electronic cigarettes and vapor products is the latest way many state legislators are hoping to pull in some quick cash. While the industry continues to grow by double or more every year, policymakers are eying revenues with hope and envy. Many experts say that hefty taxes may only serve to send vapers back to smoking (or keep smokers from attempting to transition away from smoking in the first place). This seems unlikely to deter many politicians looking to claim they’re closing budget gaps, discouraging smokers from smoking, and protecting local youth with a single move.

Tax rates of up to 95% have been proposed (or passed) in some areas. Meanwhile, others are considering simply applying regular tobacco cigarette taxes to all e-cig and vapor products and accessories (which might be difficult given e-cigs aren’t sold in packs remotely similar to that of conventional cigarettes). Some propose these taxes simply as a revenue stream for their locales while others claim a sin tax is necessary to reduce smoking and protect the health of the public. Sin taxes are generally considered bad policy by political experts.

Many intelligent policy critics are calling these taxes exactly what they are — short-sighted money grabs with virtually no evidence that they are actually necessary. There does not yet exist any evidence that electronic cigarettes and vapor products cause a net detrimental effect to public health. In fact, preliminary evidence suggests that these products existing on the market result in reduced total smoking and reduced total harm from the consumption of nicotine.

That won’t likely stop these taxes from passing in some areas in the long term. While there are plenty of logical reasons for allowing a more free and open market for electronic cigarettes (end the smoking epidemic being one of them), many states will simply refuse to pass up the tax revenues. Tobacco is hardly the only area where states levy their own taxes. Spirits, Beer, and Wine is another. The state taxes on spirits alone range from as much as $18.23 a gallon all the way down to nothing depending on the state.

In the long run, many states will likely include some kind of tax on the products. Ultimately, electronic cigarettes and vapor products are a luxury/recreational product like alcohol, tobacco, caffeine, and marijuana. Silly or not, there is little defense against these passing if legislators are determined to make it happen.

However, these will not stop the industry. In fact, these taxes may only prove to legitimize the industry and could add complication to efforts to fight the products in the long run. In order to set a tax on these products, states must define what they are.

If states determine them to be tobacco products, then any e-cig lacking tobacco-originated nicotine may be exempt. For example, lighters are not taxed as tobacco products. But if e-cigs are given their own definition, then additional legislation based on them being treated as tobacco products (like smoking bans and advertising restrictions) become quite problematic. Thus far, this simple issue has slowed a great deal of regulation from getting passed.

But still, even if these taxes pass, the e-cig industry won’t cease because of them. Even at a 95% tax — doubling the cost of e-cigs and vapor products — the cost of vaping will generally be distinctly cheaper than that of smoking. Using only single-unit disposable e-cigs (the highest cost per puff in the industry) with the highest tax rate would still be cheaper than smoking in most states (though perhaps not by much). At the same time, the high cost of tobacco cigarettes hasn’t stopped people from smoking — so it seems unlikely it will stop people from vaping.

Even with hefty, well-designed taxes, many vapers will likely move to online, black market, or do-it-yourself solutions to fulfill their vaping habit. In the case of cigarettes, it’s not uncommon for individuals to drive across state lines to avoid higher tobacco taxes.

The point is that the industry isn’t going anywhere. And while vape shops might suffer from the higher taxes, I believe they will remain a viable source business opportunity for those dedicated for the community.