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New Jersey Governor Chris Christie proposed a bill that would tax electronic cigarettes at $2.70 per pack. Forgetting for a moment the complexity and short-comings of trying to tax electronic cigarettes by the pack (which could be anything from one $7 disposable to a $100 starter pack), the tax itself is breeding a unique debate within the halls of New Jersey’s government. The main question: Is a tax on e-cigs actually due?

The arguments for the taxes are pretty standard. Health regulators claim that forcing the price of e-cigs up will discourage use of the “dangerous” products and make it harder for teens to purchase them. It also doesn’t hurt that the tax could bring in an extra $35 million for the state.

But some legislators are starting to see the flaws with much of this logic. Take a look at this quote from Assemblyman John J. Burzichelli:

It seems like we’re going to catch a lot of people with this price point that will either go elsewhere to buy or will not buy it and continue to smoke a cigarette, which appears to be more harmful.

There is an issue with attempting to price smokers away from smoking. They find alternative ways to get their fix, often from across state lines — giving the tax revenue to a neighboring state instead. If high taxes were actually a successful disincentive for smoking then New Jersey, which has the eighth highest tax in the country wouldn’t have the 13th highest smoking rate.

Another assemblyman, Joseph Cryan, argued that jumping the gun and taxing e-cigs without sufficient evidence that it’s necessary might create more problems than it solves.

More details on the debate can be found at NJSpotlight.com.

What’s interesting is that Cryan and Burzichelli are both democrats. The e-cig debate thus far has been surprisingly partisan. Democrats hate smoking and can’t handle something that appears to be a loophole in anti-smoking bans, while republicans are supportive of a more free market for the devices until we know more about them.

New Jersey’s debate has heated up significantly as the bill’s do or die moment approaches. Who knows, while many states are arguing over how harshly to treat electronic cigarettes, New Jersey could be the place to say, wait a minute… these might be a good thing. Let’s not waste the opportunity.