# State Preemption and Local Tobacco Control: Constraints and Opportunities for Innovation in the US

## TL;DR

This study explores how state preemption affects local tobacco control policies in the US and finds that localities can still advance tobacco control even under preemption.

## Contribution

The study provides new insights into local legislative activity before, during, and after state preemption of tobacco control laws.

## Key findings

- State preemption reduced local tobacco control activity but did not eliminate it entirely.
- Localities in some states advanced tobacco control laws even during periods of preemption.
- Preemption laws varied by type of tobacco control policy and state.

## Abstract

State preemption of local laws may impede tobacco control, yet little research has examined local policy activity before, during, and after preemption. This study addresses this gap. We summarized state laws preempting local smoke-free workplace, youth access, and licensure laws (CDC’s STATE) and local legislative activity before, during, and after preemption (Americans for Nonsmokers’ Rights Foundation) across 1999–2021. Preemption existed for smoke-free workplaces in 18 states, youth access in 21, and licensure in 13. Regarding smoke-free workplace laws, local laws were passed in 5 of 11 states with preemption throughout; among seven states with partial-period preemption, local laws were enacted before preemption or after repeal in three states but during preemption in two. Regarding youth access, localities adopted laws (e.g., addressing purchase/use/possession or e-cigarettes) in 11 of 18 states with preemption throughout; among the three states with partial-period preemption, localities passed laws before preemption in one state and during preemption in two. For licensure, localities passed laws (e.g., licensing requirements/penalties) in eight of nine states with preemption throughout and three of four states with partial-period preemption. Although state preemption reduced local activity, some localities advanced tobacco control during preemption, underscoring the need for localities to exercise autonomy permitted under preemption.