Tobacco Control – Chronic Disease Prevention & Health Promotion Division

STATE LAWS

PENALTY

• All enclosed/partially enclosed areas of employment. The employer can be a person, business, partnership, association, corporation, including the State or any of its political subdivisions, a trust, or nonprofit entity that employs the services of one or more individual persons.
• All enclosed or partially enclosed areas, including buildings and vehicles owned, leased, or operated by the State or any county.

Educational sites that prohibit smoking include:

• University of Hawaii at Manoa campus including parking lots.
• Public school buildings under HRS 328J. In addition HRS 302A-102 prohibits use of tobacco at all public school functions for grades K through 12,*
• Public and private educational facilities such as:
  • Libraries
  • Museums
  • Aquariums
  • Convention halls
• Licensed child and adult day care facilities.

AGENCY POLICY

PENALTY

• Smoking banned at state run universities and community colleges including outdoor dining patios and lanais. School chancellors may designate their entire campus as smoke free,

STATE LAWS

PENALTY

• Coffee shops
• Cafeterias
• Sandwich stands
• Kitchens and catering facilities in which food is prepared on the premises for serving elsewhere
• Bar area within the restaurant and outdoor areas of restaurants

Smoking prohibited in retail settings such as:

• Retail stores except tobacco shops
• Shopping malls that are enclosed or partially enclosed

COUNTY LAWS

PENALTY

• Honolulu City Ordinances makes no exceptions for tobacco shops thus restricting smoking in all retail stores. [Honolulu City Ordinance; 41-21.2f]

STATE LAWS

PENALTY

• Lobbies
• Meeting rooms
• Banquet facilities

Hotels may not designate more than 20% of their rooms for smoking by guests.

NOTE: Hotels can also establish their own policies making their entire building or franchise smoke free; i.e. Marriott.

Multi-unit housing:
Smoking, including ESD’s as of 2016, is prohibited in common areas such as:

• Hallways
• Lobbies

Other common areas fitting this description include:

• Mail rooms
• Laundry rooms
• Party rooms

NOTE: Apartment building boards can also establish their own policies making their entire building and grounds smoke free. The Coalition for a Tobacco Free Hawaii has useful information for tenants and apartment owners who wish to go smoke free.

State Public Housing:
All Hawaii Public Housing Authority public housing are smoke free [HRS 356D-6.5].

STATE LAWS

PENALTY

• Healthcare facilities with exceptions: Occupants in private/semi-private rooms in nursing homes & long term care facilities may request rooms where smoking is allowed.

• Licensed child and adult day care facilities.

All state hospitals – those operated by the Hawaii Health Systems Corporation – now ban smoking including electronic smoking devices on their properties.

AGENCY POLICY

PENALTY

Private hospital tobacco free policies vary from facility to facility. Tripler Army Center is now tobacco free including a ban on electronic smoking devices.

State prisons:

• Were not covered under HRS 328J but have adopted policies; [COR.01.22], making prisons and adjoining campuses smoke free.

STATE LAWS

PENALTY

• Night clubs
• Movie theaters and concert halls
• Bowling alleys
• Restaurants and bars
• Fitness centers
• Sports arenas

Outdoors:

• Stadiums
• State parks

COUNTY LAWS

PENALTY

• Hawai‘i County (Big Island) parks and beaches went free of all tobacco products in 2008, [Hawai‘i County Code 14-21b].
• All Oahu County parks and beaches are smoke free. [ROH 41-21.3 amended by Bill 25 (2013) CD2 RD 1]. Exceptions: Honolulu county golf courses are excluded.
• Maui county parks and beaches are smoke free. [Maui County Code 13.040.20 amended by Ord 4120].
• Kauai’s Lydgate Park (pavilion and Kamalani Playground) is tobacco free.

MCC 13.020.40

STATE LAWS

PENALTY

• All airports
• State and county operated public transportation and taxi cabs

COUNTY LAWS

PENALTY

• No smoking at all Oahu bus stops [ROH 41-21.1 amended by Bill 28 (2013) CD2 FD1].
• No smoking including electronic smoking devices within 20 feet of Maui county bus stops [Amendment to Chapter 82.0 of Maui County Code].

Private vehicles

• Oahu (Honolulu County) law bans smoking including electronics smoking devices in vehicles with occupants under 18 years or age.
• Big Island (Hawai‘i County) law forbids smoking in vehicles with occupants under 18 years or age. [Hawai‘i County Code, Sect 14-21 (12), Ord #10-33].
• Kauai County law forbids smoking in vehicles with occupants under 13 years of age [Bill 2629 KCC]

8.20.040 MCC

HCC 14-24B

STATE LAWS

PENALTY

• Electronic smoking devices (ESD) cannot be sold to minors under 21 after January 1, 2016.  [SB1030 SD1 HD2],
• Retailers and anyone selling tobacco products including ESD must post a sign at the point of sale warning customers it is unlawful to sell these products to minors under 18.. [HRS 709-908 amended by HB672 HD 2 SD 2 CD1].
• It is unlawful for any minor to purchase tobacco products including an electronic smoking device  [HRS 709-908 amended by HB672 HD 2 SD 2 CD1],
• Effective January 1, 2016 Chapter 328J, Hawaii Revised Statutes is amended to prohibit the use of electronic smoking devices (definition)  in places where smoking is prohibited.

COUNTY LAWS

PENALTY

• Hawai‘i County banned the use of electronic cigarettes at beaches, county parks, public buildings and anywhere else traditional tobacco cigarette smoking is banned

AGENCY POLICY

PENALTY

• Vapor producing devices including electronic cigarettes are prohibited on Honolulu city buses [ROH 13-3.1-6].
• Possession or use of electronic cigarettes by public school students is contraband (Class D offense).
• Aloha Stadium prohibits electronic/vapor cigarettes.
• Some private restaurants and movie theaters prohibit the use of electronic cigarettes.
• ESD use is prohibited in and around all state buildings under the jurisdiction of the Department of Accounting and General Services.

STATE LAWS

PENALTY

• It is unlawful to sell or furnish tobacco in any form to a minor including electronic smoking devices under  21 and It shall be unlawful for a minor under 21 to buy any tobacco product [HRS 712-1258].
• Possession or consumption of a tobacco product by a person under twenty-one years of age in a public place shall be prohibited [HRS 312-212]
• Vendors of cigarettes and tobacco products must have a retail license. [HRS 245-2.6].
• No sales of single cigarettes or packs with less than 20 cigarettes [HRS 712-1257].
• No distribution of tobacco samples, products, coupons, or promotional ads in streets, sidewalks or parks within 1000’ of any public, middle or high school [HRS 328J-17].
• No sales from vending machines unless the vending machine is in a bar, cabaret or establishment for which the minimum age for admission is 18 [HRS 328J-16].
• No sales from lunch wagons within 1000’ of any public or private elementary or secondary school grounds [HRS 328J-16].

Retailer Requirements:

• It shall be unlawful to sell or distribute foreign cigarettes not intended for sale in the U.S. or which lack federal health warnings [HRS 245-51].
• Signs warning against the sale of tobacco products including electronic cigarettes must be posted at the point of sale. [HRS 712-1258)].
• All Hawaiʻi tobacco sales must take place in a face-to-face transaction [HRS 328J-18]

Tax [HRS 245-1 to 63, see tax chart]:

• 16¢ per cigarette and little cigars
• 70% of wholesale price for tobacco products other than cigars
• 50% of wholesale price for large cigars

COUNTY LAWS

PENALTY

• No sales or furnishing on Oahu of bidi cigarettes; tobacco wrapped in temburni or tendu leaf [ROH 40-18].
• No herbal cigarette sales on Oahu to minors under 18 [ROH 40-20]..

Purchase:

• On Oahu a person shall not use an unofficial ID card with a false birth date to buy an unallowable product (tobacco) [ROH 40.17.3].