On Smoking Laws In Washington
The legal landscape surrounding smoking in Washington State is underpinned by a series of state and local legislative acts that collectively aim to safeguard the health of Washington residents by regulating where and how tobacco can be used. The cornerstone of these regulations is embodied in the Washington Clean Indoor Air Act (RCW 70.160), which sets forth a comprehensive framework for public smoking in the state. Under this Law, smoking is generally banned in all enclosed public spaces and workplaces, including areas where employees may be expected to enter during the course of employment. Exceptions do exist for designated smoking areas and certain types of venues, such as bars and taverns, but the scope of these exemptions is limited.
Further augmenting the Clean Indoor Air Act across the state are local ordinances and regulations that either match or build upon its standards . Many counties, municipalities, and local health departments have implemented additional rules and restrictions on tobacco use that apply specifically within their jurisdictions. Such local ordinances may apply restrictions in places outside of work areas, such as parks or other outdoor spaces in close proximity to schools or healthcare facilities.
Beyond public health considerations, a variety of other statutory provisions turn to the regulation of tobacco itself – including its production, distribution and dispossession. For instance, Washington Revised Code 70.345 prohibits the sale of flavored vapor products in the state, while RCW 82.26 taxes the sale of tobacco products. Further, RCW 70.155 provides provisions relating to sales, licensing and seizure in instances involving the sale of cigarettes or smokeless tobacco.
Smoke Free Enclosed Public Places
For the most part, smoking is prohibited in public places throughout Washington State including restaurants, bars, bowling alleys, privately-owned schools, and movie theaters, as well as designated areas within college campuses. In Washington, it is illegal to smoke in most indoor workplaces. Moreover, smoking is prohibited outdoors on the immediate premises of agencies or facilities listed in Section 502 through 512 of the Clean Indoor Air Act of 1985 (RCW 70.160). Public parks, newly established smoke-free outdoor places include playgrounds, sports courts or fields and playgrounds that are maintained or supported by public agencies or authorities. Under this law, smoking is also prohibited from being done within 25 feet of doorways or entryways on government property. This law does not apply to wildfires, tobacco stores established before August 8, 2008, and Native American-owned businesses on Native American reservations. Specific cities and/or counties are able to opt out of the law wrote Taylor; however, all other areas throughout Washington State abide by the Smoke-Free Place Law of 2005.
Workplace, Indoor and Outdoor Restrictions
Indoor smoking rates and regulations are difficult to track, but estimates are that they have declined significantly since the 2005 legislation particularly in official workplaces. Prohibitions against indoor and workplace smoking take four basic forms: (1) prohibition by statute; (2) prohibition by collective bargaining agreement at a labor-management negotiation; (3) building policy; and (4) private choice. It is the last category that has seen most of the change as building and even individual private businesses have chosen not to allow any indoor smoking since the 2005 law took effect. Laws prohibiting indoor smoking and smoking in the workplace or in buildings have been established in many jurisdictions. Washington has such laws.
In Washington, a law signed by Governor Christine Gregoire and passed on May 11, 2005, prohibits smoking in "public places" and "places of employment." The law has been titled the "Washington Clean Indoor Air Act of 2005" and its purpose is to protect "the public health and welfare by prohibiting smoking in places of employment, and in other public places, of generally accessible to the public…" The law was amended in 2016 to include e-cigarettes. The act’s non-smoking areas include "enclosed facilities within the territory under the jurisdiction or control of a public employer, including, but not limited to, those facilities owned leased or rented by the state or by a political subdivision or a public or private entity created under state law, whether or not the facilities are publicly or privately owned."
Except as otherwise provided in this section, it is unlawful for any person to smoke within the following indoor areas, and to permit smoking to occur therein: Facilities listed below are included: The act also prohibits smoking within 25 feet of a window or entrance into an enclosed area that is a no smoking area. In addition, private entities may designate up to 10 percent of the total occupiable space in a facility as a smoking area, but exceptions must comply with several important conditions. These include: The act also establishes the criteria for determining density of occupancy in a facility. These factors include occupancy rates, location of rooms, and when the room is used. An employer is prohibited from retaliating against any employee who exercises his or her rights under the act or refuses to perform work that requires the employee to violate the act.
The act also delineates some exceptions to these provisions and prohibits employers from requiring a break in a single unit workplace solely for the purpose of allowing smoking. The act has been amended several times since taking effect in 2005, most recently in 2016. There are penalties for violations of the act. These include correction actions required before an employer can be held liable for a violation, and civil penalties, which for an indoor location, range up to $100 for a first violation, up to $200 for a second violation within a three year period, and up to $500 for a third or subsequent violation within a three-year period.
The act imposes upon employers a duty to post "no smoking" signs in and on buildings under their control. The act does not specify how large or small such signs must be, nor do its implementing regulations. The act goes away in 2025 unless renewed by the legislature.
E-cigarettes / Vaping
As electronic-cigarettes (or e-cigarettes) and vaping become increasingly popular among both adults and teens, Washington State has made strides to regulate these products. Generally speaking, e-cigarettes and vaping are subject to the same regulations and laws as smoking tobacco products. Most laws governing smoking in Washington State apply equally to smoking tobacco, e-cigarettes and vaping. The manufacture, distribution, sale, possession, consumption or use of any tobacco products, electronic cigarette, e-cigarette or vapor product is illegal for people under the age of 21, as is the use of any tobacco product by people under 21. The sale of any tobacco products or vapor products contains a risk of being cited by the Washington Department of Revenue, particularly if it can be proven that the vendor sold these products to someone under 21. Vaping products may only be sold inside of stores licensed to sell such products. It is also illegal for any person to smoke or use any tobacco products in a place open to the public. These locations, or areas considered places of employment, include but are not limited to: schools, public transportation facilities and terminals, childcare centers, day care facilities, movie theaters, museums, sports arenas and health care facilities. In addition, smoking is banned in all indoor workplaces in the state. It is unlawful for any individual to smoke or vape a tobacco product in a motor vehicle if the vehicle is in the presence of a child under 16. Further, it is also illegal to smoke any tobacco product in a motor vehicle that is a taxi, bus, school bus or chartered bus.
Possible Penalties
Penalties for Smoking Law Violations
The penalties for violating Washington state smoking laws vary depending on the location and specific violation. However, in most cases, the first violation is classified as a misdemeanor and results in a fine ranging from $50 to $100 or a warning. Subsequent violations are typically classified as gross misdemeanors, resulting in significantly more severe fines. Misdemeanor smoking law violations do not usually constitute a criminal record and will not show on a background check. At the state level, local health enforcement officers are responsible for enforcing smoking restrictions in almost all indoor and outdoor public places and at places of employment. They are also charged with educating the public about Washington’s tobacco laws and how to file smoking law violation complaints. In addition, it is the responsibility of local health enforcement officers to train other law enforcement officers in their communities regarding Washington’s smoking restrictions. Restaurants and bars are required to post signs at all entrances and exits indicating the establishment is a smoke-free place. In establishments that permit smoking or use of tobacco products, the law prohibits smoking within 25 feet of entrances and exits. Local police forces and health department enforcement officers work together to educate bar, restaurant and hotel staff, building owners and patrons about smoking restrictions as well as the penalties for smoking law violations. Each violation can result in fines that range from $250 to $2,500 depending on the number of violations.
Age Restriction and Product Limits
Purchasing tobacco products within the State of Washington is restricted to individuals above the age of eighteen and is not permitted for minors under any circumstances. The governing law is codified in RCW 26.28.080 and the waiting period for a minor to purchase tobacco products is specifically outlined in RCW 26.28.015. The following sourced information from the Washington State Legislature provides clarity on the essential components of restrictions on the sale of tobacco products to prevent providing access to Seattle minors.
RCW 26.28.085 enacts penalties for the unqualified sale of tobacco products. Legal age tobacco purchases are ascertained by RCW 70.155.080(6)(a):
Holding of tobacco license—Penalty for violation: For a first offense of knowingly selling any tobacco product to a person under the age of eighteen, a person shall be assessed a monetary penalty of one hundred dollars. For a second violation a person shall be assessed a monetary penalty of two hundred fifty dollars. On a third or subsequent violation by a person a penalty of five hundred dollars shall be assessed .
The definition of a minor is codified in RCW 26.28.010(10):
Minor: One who is less than eighteen years of age.
Tobacco products as defined RCW 70.155.010(4):
"Cigars", "cigarettes" and "little cigars" means rolled tobacco as well as products which contain a tobacco substitute that appears to be a cigar or cigarette including any roll of tobacco wrapped in paper or any other substance not containing tobacco. "Cigars" include large cigars and cigarillos. "Little cigars" are defined as mini-cigars, narrow cigars, and any roll of tobacco wrapped in paper or any other substance not containing tobacco but which otherwise resemble a cigar.
"Cigarettes" refers specifically to rolled tobacco encased in paper or any other substance not containing tobacco.
"Tobacco products" includes all items subject to tax under RCW 82.26 including cigars, cigarettes, snuff and chewing tobacco.
Refer to the Washington State Department of Revenue’s Retail Sales Tax page for more extensive knowledge of applicable tobacco taxes.
Effects On Business Persons
Under Washington State law, a person who owns, manages, or controls a place of employment must ensure that smoking under Washington law does not occur in their establishment. Like any law, failure to comply with Washington law can subject the business owner to civil or criminal liability. As a practical matter, this may mean financial liability to an injured party in a claim or lawsuit, liability to the state, or even fines leveled at the business owner directly. Washington law creates a mechanism for employees to enforce the law against an employer who has failed to post the required signs or has failed to address employee smoking in the workplace. In this respect, we see Washington law working to create an atmosphere where compliance with the law and the state’s rules creates incentives for prospective lawsuits. A private right of action exists under Washington laws when an employer violates these specific rules. In addition to a fine of $100 per day for each violation, there is a provision for attorneys’ fees to be collected if the state or court determines that the employer has willfully violated the smoking law. Not only does this make compliance imperative, but it provides an avenue for a disgruntled employee to find a profit interest by eliminating smoking at work. Since almost two-thirds of smokers over age 60 look for jobs that are not smoke-friendly, it is possible creating a smoke-free workplace might have benefits for attracting a new generation of potential employees.
Public Health Implications
Sensible smoking laws also benefit the state’s economy. Research shows that the harmful effects of smoking are not just limited to smokers, but also extend to non-smokers. According to the Centers for Disease Control and Prevention (CDC), "Every day in the United States, approximately 3,900 youths aged 12-17 smoke their first cigarette, almost 1,000 of whom become daily smokers. In addition, about 400 youth with a history of smoking cigarettes every day (about 4 months or more) continue to smoke every day. Medical studies indicate that 80% of adult tobacco users begin smoking before age 18. Also, each day, more than 2,000 youths become established smokers."
The American Cancer Society states that "research shows that smoking restrictions in public places lead to lower exposure to secondhand smoke (SHS), lower rates of heart disease, stroke, low birth weight infants, and lung cancer, as well as fewer smoking-related emergency room visits. These findings highlight the importance of implementing comprehensive smoke-free laws such as those prohibiting smoking in all workplaces and public places."
The American Lung Association at the Center for Tobacco Control Research and Education has a comprehensive list of studies demonstrating the positive effects of smoking bans on smoking rate reductions as well as health improvements for smoking and nonsmoking populations. Their studies show that the comprehensive smoking ban in Washington State "helped to strengthen the strong social norm against smoking" as well as "reduced the prevalence of smoking among both adults and youth in the state."
According to a study by Hill et al. published in 2011 in American Journal of Epidemiology, smoking bans "reduced hospitalizations for acute myocardial infarction, stroke, and chronic obstructive pulmonary disease. The recent passage of comprehensive, statewide smoking bans in 33 states offers an opportunity to determine whether bans reduce hospitalizations after accounting for trends in smoking and possible chance effects." The researchers found that "the majority of bans were followed by reductions in hospitalizations for all three conditions, and most estimates were statistically significant."
A 2013 study published in the journal BMC Public Health by Rees and Indo Yardley found that smoking bans were associated with "decreased incidence of low birth weight and preterm births between 1991 and 2008" based on their research on neonatal outcomes in Scotland.
Studies show that the statewide smoking ban has had a significant effect on health.
The Future: Proposals
There has been a shift in attitudes toward smoking and tobacco use in Washington State over the past several years. Many lawmakers view the raising interest in public health as a sign that current legislators need to be stricter with tobacco laws, but others believe it is unnecessary to change the laws that already exist.
Several laws have been passed that prohibit smoking at or near public places, healthcare facilities, schools, worksites, public transportation, daycare centers, and so on. Some of these laws are clear, while some are vague and unenforced. In 2018, Seattle passed an ordinance prohibiting smoking in parks, and also passed another law that restricts the use of e-cigarettes in the same manner.
Much of the proposed legislation at the Washington State legislature this year focuses on protecting the environment. There is currently a bill (SB 6032), which proposes prohibiting smoking marijuana products in various public spaces such as parks, playgrounds, and beaches. This law will help reduce marijuana-related litter in these state-owned areas. However, this does not extend to areas where marijuana is permitted, such as tribal land, private property, and businesses.
This year, there are at least five separate draft bills that deal with marijuana, cigarettes, and other tobacco-related products. Of these bills, the two that stand out the most are:
SB 5460, which aims to raise the age requirement to purchase any tobacco product, including tobacco substitutes and vapor products , from 18 to 21 with a few exceptions. The first exception would allow individuals ages 18 and older to buy tobacco or vapor products if they are serving in the military. The other exception to the rule is that individuals ages 18 to 20 can purchase tobacco if they were born prior to January 1, 2001. It is thought that, should this bill pass, approximately 17 percent of cigarette sales to minors will cease. Once a cabinet bill is introduced, all tobacco product retailers will be susceptible to increased regulatory enforcement, with penalizations similar to what you would see at establishments that serve alcohol.
SB 5530, which requires minors convicted of smoking on school property to undergo counseling sessions. The session will be conducted at their school and paid for by the school or with community service. In addition to counseling or service hours, these children will have to attend an informational class about the negative effects of tobacco. Those who refuse to comply with the school regulations will be taken to court.
Other bills include: a petition requiring the Department of Health to conduct a study on the differences between cigarettes and e-cigarettes; an initiative that prohibits clean air workplace rules for public transportation; and a law that would restrict the use of e-cigarettes for people under the age of 21.
Whether these laws and upcoming proposals directly affect smokers in Washington State is really dependent on their individual lifestyles. However, the current discussion around wrestling with the issue may result in bigger changes to come. For example, if the Senate bill restricting the use of tobacco at state parks is passed, similar laws may soon extend to many other public areas.