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Kentucky lawmakers take another shot at tobacco and vape retail licensing

FILE - In this Saturday, June 8, 2019 file photo, two women smoke cannabis vape pens at a party in Los Angeles. On Friday, Sept. 27, 2019, the Centers for Disease Control and Prevention said more than three-quarters of the 805 confirmed and probable illnesses from vaping involved THC, the ingredient that produces a high in marijuana. (AP Photo/Richard Vogel)
Richard Vogel/AP
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AP
FILE - In this Saturday, June 8, 2019 file photo, two women smoke cannabis vape pens at a party in Los Angeles. On Friday, Sept. 27, 2019, the Centers for Disease Control and Prevention said more than three-quarters of the 805 confirmed and probable illnesses from vaping involved THC, the ingredient that produces a high in marijuana. (AP Photo/Richard Vogel)

Kentucky does not currently require tobacco and vape retailers to obtain a license — setting it apart from the majority of other states. An effort to create a licensing system is back on the move in the General Assembly.

With the advent of easily accessible vape products available to minors, health advocates say a major public health victory is in danger of being erased — with 1-in-10 high schoolers reporting e-cigarettes use in 2023, according to the U.S. Surgeon General.

In Kentucky, enforcement of laws against selling smoking products to minors is difficult with the state lacking a formal licensing and inspection system in line with the regulation of alcohol and spirits. That's what Sen. Jimmy Higdon wants to change with Senate Bill100.

"This bill has teeth," he told a receptive House committee Tuesday. "If you sell products without a license, you will face criminal penalties."

The measure would create a new division within the Department of Alcoholic Beverage Control, or ABC.

"ABC will establish a complaint driven system. Folks can go online and file a complaint. Students can do it. Parents, teachers, law enforcement," he explained.

While the bill easily cleared its first committee vote, there's no guarantee it will make it across the finish line during the short session. Similar provisions were dropped from a 2023 bill — in favor of language limiting the sale of flavored e-cigarettes intentionally targeting youth.

Even if approved and signed into law, the bill could require revisions depending on the outcome of a case currently before the U.S. Supreme Court that could impact how e-cigarettes are regulated. That decision is expected in June.

Josh James fell in love with college radio at Western Kentucky University's student station, New Rock 92 (now Revolution 91.7). After working as a DJ and program director, he knew he wanted to come home to Lexington and try his hand in public radio.