2026 Utah Legislative Updates

SB 210 S03: (effective date: May 6, 2026 & January 1, 2027)

• This bill sets an annual Tax Commission licensing fee for tobacco, electronic cigarette, and nicotine products, valid for one year.


• It also repeals the authority of local health departments to seize or destroy unauthorized e-cigarettes.

SB 275 S02: (effective date: May 6, 2026)

• Allows the use of a state-endorsed digital identity to be used as proof of age in a purchase of a tobacco, electronic cigarette, or nicotine product.

HB 265 S02: (effective date: July 1, 2027)

• All non-nicotine inhalation products must be registered and appear on the Utah Electronic Cigarette Product registry; selling unregistered versions carries civil penalties.


• Any electronic cigarette containing cannabinoids is expressly prohibited from registry inclusion.


• Expands the definition of ‘Nicotine’ to include all nicotine analogs.

HB 385 S03: (effective date: May 6, 2026)

• Adds civil penalties for unlicensed retail sales and imposes new advertising restrictions on electronic cigarettes and nicotine products.


• Changes the wording for the unlawful sale of a tobacco, electronic cigarette, or nicotine product to a minor from ‘intentionally or knowingly’ to ‘criminal negligence’.


• Establishes a Utah Department of Agriculture and Food (UDAF) retail license for the sale of ‘Specialized Products.’ This category encompasses cannabinoids, kratom, tobacco products (not including tobacco paraphernalia), nicotine products, electronic cigarette products, and non-nicotine inhalation materials. It further includes any substance not ‘Generally Recognized as Safe’ (GRAS) under federal food additive regulations that is intended to produce psychoactive, euphoric, analgesic, sedative, or intoxicating effects.

HB 447 S01: (effective date: January 1, 2027)

• Authorizes the retail sale of cigars and pipe tobacco via remote commerce including telephone, mail, internet, and other remote sales.