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In 2005 the Washington legislature passed a new estate tax (to replace a previous death tax that the state Supreme Court had ruled illegal), plus more taxes on alcohol and tobacco, to fund important state budget items such as K-12 education. Are California voters who would vote “Yes” on Proposition 86 willing to fund from their own pockets through new taxes $1 billion-plus in permanent revenue shortfalls that the ballot measure could create?

A Comprehensive Long Term Nicotine Policy

Tobacco Control, 2005;14:161-165
“Toward a Comprehensive Long Term Nicotine Policy”
N Gray, J E Henningfield, N L Benowitz, G N Connolly,
C Dresler, K Fagerstrom, M J Jarvis and P Boyle
Received 7 October 2004 Accepted 19 January 2005

“Clean nicotine is defined as nicotine free enough of tobacco toxicants to pass regulatory approval. A three phase policy is proposed. The initial phase requires regulatory capture of cigarette and smoke constituents liberalising the market for clean nicotine; regulating all nicotine sources from the same agency; . . . The second phase anticipates clean nicotine overtaking tobacco as the primary source of the drug (facilitated by use of regulatory and taxation measures); simplification of tobacco products by limitation of additives which make tobacco attractive and easier to smoke (but tobacco would still be able to provide a satisfying dose of nicotine). The third phase includes a progressive reduction in the nicotine content of cigarettes, with clean nicotine freely available to take the place of tobacco as society’s main nicotine source.” (Underline, bold, italic added.)

The above comprehensive long term nicotine policy research paper was published in 2005 by the journal Tobacco Control. One of the paper’s authors, Neal Benowitz is with Department of Medicine, Psychiatry and Biopharmaceutical Sciences, University of California San Francisco. He has been actively involved as a leader in tobacco control advocacy for about two decades. California tobacco control advocates who support Proposition 86 are necessarily aware of the contents of the above research paper. What the paper coauthored by Benowitz reveals is a clear and concise plan to replace tobacco with Nicotine Replacement Therapy delivery devices such as Nicorette gum, NicoDerm CQ patches, Commit lozenges, and Nicotrol nicotine inhalers.

But no Nicotine Replacement Therapy product pays any state excise tax in Washington. So the comprehensive long term nicotine policy becomes a plan to cause consumers to switch nicotine brands from highly-taxed cigarettes to ZERO TAXED “Smoke Free” Nicotine Replacement Therapy. In effect, each box of Nicorette or NicoDerm CQ, etc. sold in Washington becomes a transfer of $20.25 in state excise tax revenues out of state coffers, removing those funds from state budgets. Carried to its Phase 3 completion as described above, that nicotine policy would reduce California cigarette excise tax revenues to virtual ZERO because the written purpose of the policy is for zero taxed Nicotine Replacement Therapy products to “take the place of tobacco as society’s main nicotine source.”

We therefore observe that tobacco control advocates and their political supporters hold out with their left hand – and handsomely benefit from – Proposition 86, while holding behind their back in the right hand a clear and concise plan to eliminate the cigarette excise tax revenues that fund new state costs the ballot measure creates. That creates the appearance of Proposition 86 being an underhanded “bait and switch” for California taxpayers. It would be nice if tobacco control advocates were required to keep both hands above the table when playing revenue roulette with taxpayer’s money.

In Washington, we have learned about that apparent “bait and switch” the hard way. Our state’s 55 percent cigarette excise tax collection rate painfully illustrates the costs of tobacco control’s long term nicotine policy by providing a measure of how deeply that policy encroaches on projected cigarette excise tax receipts. Those who would vote “Yes” on Proposition 86 are funding tobacco control’s bets on its own in-house Nicotine Replacement Therapy roulette wheel. The house always wins.

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