HOWELL – In light of the youth vaping epidemic and underage sales of nicotine and tobacco products, the Township of Howell has begun to enforce their updated smoking ordinance.
Howell Township updated its smoking ordinance entitled “Smoking in Public Places; Electronic Smoking Device Use and Sales; Tobacco Sales,” in April 2023. The previous smoking ordinance was decades old, Howell Alliance Coordinator Christa Riddle said.
“Flavored and disposable e-cigarettes with strong concentrates of nicotine, synthetic nicotine, and THC have fueled the teen and young adult vaping epidemic. Nicotine, marijuana, alcohol, and other mind-altering substances can pose serious short- and long-term consequences on the brain, which develops until at least age 25. THC is the main psychoactive chemical in marijuana,” Riddle said.
The goal of the updated smoking ordinance is to protect the youth from nicotine addiction and substance use disorders. The updated smoking ordinance includes electronic smoking device, and tobacco/nicotine sales in Howell.
According to the Howell Alliance, the ordinance follows several key points.
Enforcement of smoking on public property:
• Howell Township Police Department officers will enforce smoking on public property and in public places by issuing violations, no matter what substance is being smoked (the substance being smoked will not need to be checked). Violators will be fined, and in lieu of the 1st offense, the Howell Township Municipal Court judge may discretionarily waive the $250 fee with proof of completion of RWJ Barnabas Health Institute for Prevention and Recovery’s 8-week Nicotine and Tobacco Recovery Program, or another similar, accredited cessation program.
• Fines for smoking on public property are as follows: $250 for the 1st offense; $500 for the 2nd offense; and $1,000 for the 3rd and subsequent offenses.
Enforcement of retail electronic smoking device product sales:
• Howell Township code enforcement officers and police officers will enforce electronic smoking device product sales violations for selling, distributing, or providing any e-cigarette product to anyone under 21 and all sales of flavored e-cigarette products, regardless if they contain nicotine.
• Operating a business that sells any type of e-cigarette products without securing and keeping in good standing a township license to do so will result in fines. The new e-cigarette retailer license is $1,000 and will need to be renewed annually.
• Fines for retail electronic smoking device product sales violations are as follows: $1,000 for the 1st offense; $1,500 for the 2nd offense; and $2,000 for the 3rd and subsequent offenses.
• Any establishment with two violations per year or five total violations is subject to permanent license revocation at the discretion of the mayor and council.
• Random inspections of retail electronic smoking device product establishments will be made by code enforcement and police officers, as deemed necessary, to check for compliance with proper signage, underage and flavored product sales, and other regulations.
In the state of New Jersey, all flavored e-cigarette products are illegal to sell since April 2020. However, this does not apply to traditional combustible cigarettes (menthol are still allowed, but that may change in the near future).
“There are no nicotine or THC potency caps, and electronic cigarette pods and e-liquids may contain stronger nicotine salts, synthetic nicotine, and higher nicotine concentrates than traditional combustible cigarettes,” Riddle said. “Some youth vape 2 to 3 nicotine pods per day, as well as high potency concentrated marijuana products with THC levels of up to almost 100%, which has been linked to psychoses and cannabis use disorder. For reference, marijuana in the 1970s and 1980s contained 3 to 5% THC.”
Howell Township does not permit retail cannabis dispensaries. In 2021, the Township opted out of retail cannabis licensing.
