On 4 April 2019 Governor Michelle Lujan Grisham signed House Bill 6, which amended numerous current tax laws and introduced new revenue measures. The law coincided with a regulatory change that added vaping to the indoor smoking ban.
Sections 42 and 43 of House Bill 6 amend the Tobacco Products Tax. A tax on e-liquid is created but the structure and rate of the tax differ depending on the size and nature of the container in which it is sold. On the sale of e-liquid a tax of 12.5% of the value is imposed on the first purchaser.
Open vs. closed systems
In the case of a closed system cartridge, an excise tax at a rate of fifty cents ($.50) per closed system cartridge is imposed. The Tobacco Products Tax as amended defines a closed system cartridge as “a single-use, pre-filled disposable cartridge containing five milliliters or less of e-liquid for use in an e-cigarette”.
These provisions went into effect on 1 July 2019.