Colorado Gov. Jared Polis said he does not support a bipartisan bill to ban the sale of flavored tobacco and nicotine products, including menthol cigarettes, because he prefers a local approach to regulation.
But some city and county leaders have explicitly backed the measure, which is currently stalled in the legislature, and two organizations that represent local governments and staunchly defend their local control, the Colorado Municipal Coalition and the Colorado County Corporation, are not fighting it.
There's another reason Democratic governors may oppose House Bill 1064, which aims to reduce teen nicotine use: It would siphon up to $25.2 million in annual tax revenue from the state's fledgling preschool program -- projected $167.7 million.
This year's debate on House Bill 1064 highlights the outsized role the tobacco industry plays in the Colorado State Capitol, where it successfully defeated efforts to increase tobacco taxes in 2016 and 2019.
In 2020, the Polis government negotiated a bill with tobacco giant Altria (maker of Marlboro cigarettes) that put a measure on the ballot to raise taxes on cigarettes and tobacco, as well as to increase taxes on cigarettes, including e-cigarettes. Nicotine products, including pods, are taxed. The measure, called Proposition EE, passed, raising millions to fund free preschools and help the governor fulfill his campaign promise.
This year, House Bill 1064, which aims to clamp down on products with fruity flavors and brightly colored packaging that critics say are marketed to children, has drawn similar interest from the tobacco industry.
The measure is one of the most lobbied in front of the legislature this year, with more than 140 lobbyists and lobbying firms representing more than 85 clients supporting, opposing or monitoring the measure. That's almost a quarter of the entire lobby.