New York Governor Kathy Hochul‘s proposed budget included a menthol cigarette ban which failed to be enacted in Westchester County.
In November 2022, the Westchester County Board of Legislators passed a ban on menthol flavored tobacco products. This ban would not prohibit the use or possession of menthol products. But, it rather punished stores in the county for selling the substances. Supporters of the bill cited the fact that menthol flavored products are a gateway to smoking for children. However, some opponents like James Nolan of Yonkers, decried this measure as an attack on businesses. The motion ultimately carried 11-6 on November 28th, 2022. In a unexpected twist, County Executive George Latimer vetoed the legislation only weeks later. The Board of Legislators was one vote shy of overturning that veto.
I can speak for a lot of colleagues in saying we are shocked, disappointed and astonished, after putting in so much work to try and help reduce the availability of this insidiously marketed, dangerous product in the community, that the County Executive would dismiss the judgement of such a clear majority of the Board of Legislators
Damon Maher, Legislator from District 10
This same debate, echoing the same talking points from both sides, is now happening in Albany. In a letter sent to the governor opposing the proposed ban, the authors write, “It is unjust to expect communities of color to choose between greater public health protections and basic civil rights.” Furthermore, opponents cite the expansion of legal marijuana sales as a paradoxical position in light of the outright ban on menthol cigarettes.
But, Hochul and the health care advocates in support of this ban are going even further than was attempted in Westchester County. In the proposed 2023 budget, Hochul is also increasing the tax applied to a single pack of cigarettes from $1.00 to $5.35. The governor’s office makes clear that she “is leading the way to a tobacco-free generation to reduce youth smoking and prevent senseless deaths.”
The proposed budget is still under review by the state legislature. It will be some months before the final budget is adopted and implemented. So, smoke ’em if you got ’em.
