Jacob Grier, author of 'The New Prohibition', discusses the negative consequences of flavor bans on tax revenues and cross-border trade. They also explore the potential prison sentences for moving tobacco products without paying taxes and the possibility of menthol cigarette bans. The podcast examines the tension between reducing harm and eliminating nicotine use. It also discusses the disconnect between the perception of drugs and nicotine in Oregon and the consequences of nicotine prohibition and lack of advocacy for nicotine users.
Bans on flavored nicotine products have unintended consequences, such as illicit markets and decreased tax revenues for states.
The perception that nicotine is inherently bad hinders harm reduction approaches for nicotine users compared to other drugs like cannabis.
Deep dives
The Rise of Nicotine Restrictions: Impact of Flavor Bans
Many states and localities are implementing restrictions on nicotine-based products, particularly flavored ones. The focus is on banning flavored e-cigarettes, menthol cigarettes, and other flavored tobacco products. Massachusetts, for example, passed a comprehensive ban on all forms of flavored tobacco in 2019. However, these bans have led to unintended consequences such as illicit markets and increased cross-border sales. In Massachusetts, tax revenues from tobacco fell by about 20% following the ban, while neighboring states experienced an increase. It's important to note that although flavor bans do not have direct criminal penalties, they interact with existing tax laws, making transportation of banned products a felony in many cases.
Oregon's Paradoxical Stance: Flavor Bans in a Liberal Drug Jurisdiction
Oregon, known for its progressive drug policies, exemplifies a paradoxical stance on nicotine. While the state supports harm reduction approaches towards other drugs, it recently passed a flavor ban on all types of flavored tobacco products in Multnomah County, where Portland is located. This ban conflicts with the overall harm reduction philosophy. Nicotine, despite being a deadly and addictive substance, does not receive the same emphasis on harm reduction as other drugs. Flavor bans, which primarily target cigarettes, also apply to nicotine vape products. However, many adult vapers prefer non-tobacco flavors, and surveys indicate that the majority of adult vapers use e-cigarettes as a means to quit smoking.
The War on Nicotine: Ideological Stance and Public Perception
The broader war on tobacco can be seen as a war on nicotine itself. The perception that nicotine is inherently bad drives the efforts to eliminate its use altogether, regardless of its relative harm compared to cigarettes. The shift in societal views regarding drugs has contributed to the delegitimization of nicotine, while cannabis has been increasingly normalized as a lifestyle choice. This discrepancy is evident in Oregon, where cannabis products are widely available in various flavors, while flavored nicotine products face strict regulations. The historical perception of nicotine, alcohol, and caffeine as non-drugs has evolved, resulting in ideological commitments and public attitudes that hinder harm reduction approaches for nicotine users.
States and localities, grimly unaware of the predictable consequences of prohibition, are moving ahead with plans to make cigarettes and other nicotine products a matter of criminal law. Jacob Grier is author of The New Prohibition.