Welcome to the Nicotine Prohibition Era
IN JULY 2014, five New York City police officers approached Eric Garner on a Staten Island sidewalk and accused him of illegally selling “loosies”—individual cigarettes without a tax stamp. Garner resisted handcuffs, and a scuffle ensued. Officer Daniel Pantaleo placed Garner in a prohibited chokehold while pushing him down to the ground face-first. After protesting 11 times that he could not breathe, Garner lost consciousness and died within the hour, sparking national outrage and raising awareness of the Black Lives Matter movement.
American policy regarding tobacco-based products has become considerably more restrictive since Garner’s death, putting illicit market participants on a collision course with law enforcement. Even as the country finally begins to acknowledge the disastrous consequences of the war on drugs, government officials are increasingly taking a prohibitive approach to nicotine.
In two separate June 2021 incidents captured on video in Ocean City, Maryland, teenagers caught vaping on the boardwalk in violation of a local ordinance were manhandled by police. One was kneed in the chest, while two others were tased. That same month, Massachusetts Attorney General Maura Healey announced the breakup of a distribution ring for marijuana, flavored tobacco, and flavored e-cigarettes. The main suspect, Samuel Habib, faces up to five years in prison for tax evasion. “Flavored tobacco and vaping products are dangerous, addictive and particularly appealing to young people,” Healey explained in a statement. “Which is why we’ve banned the sale of them in Massachusetts.”
Tobacco is still legal for adults to purchase and consume in the United States. But public policy regarding nicotine delivery systems is shifting from taxation and regulation to explicit prohibition of many products. Some jurisdictions already have banned menthol cigarettes, and the Food and Drug Administration (FDA) is likely to announce a similar ban at the federal level this spring. Local restrictions on e-cigarettes likewise provide a preview of what will happen nationwide if the FDA continues to regulate vaping products in a way that threatens to wipe out nearly the entire industry. The FDA is also mulling restrictions on the nicotine content of cigarettes that would be tantamount to prohibition.
As tobacco, e-cigarettes, and e-liquids transition from legal to illicit, law enforcement agencies will more aggressively interfere with production, distribution, retail sales, and in some cases even individual use. Every such interaction carries with it the possibility of freedom lost, perhaps violently. There is a real risk that American tobacco policy
