Kentucky’s Senate Bill 100, has now passed both legislative chambers and only awaits Governor Andy Beshear’s signature to become law. The measure would empower regulators to inspect any premises selling vaping products without a search warrant.

Senate Bill 100 received bipartisan support from the state House and Senate as the Kentucky General Assembly now takes a 10-day break for a veto period. The provision is designed to limit underage access by creating a Division of Tobacco, Nicotine, and Vapor Product Licensing within the Department of Beverage Control.

For business owners, the bill mandates that any retailer offering nicotine-based products must obtain the proper license, facing penalties for non-compliance. The new framework also permits unannounced inspections, meaning regulators could review what Vaping products retailers are selling.

The legislation has sparked debate among advocacy groups, public health officials, and business owners. Proponents argue that the bill is necessary to curb youth access to vaping products, while retailers warn it could force them to close their doors.

Ginny Saville, owner of the Kentucky-based smoke shop Botany Bay, fear the bill’s provisions could devastate small retailers. “If the state wants to control access to minors, what they’re doing is not going to accomplish that objective. All it’s going to do is put small businesses out of business,” Saville argued.

Saville is particularly concerned about the financial burden that licensing fees and compliance costs could impose, likening it to previous anti-vaping measures that negatively impacted retailers. “I don’t want to lose half my crew. I don’t want my own personal standard of living to come down. None of this is fair,” she said.

If signed into law, Kentucky will join 40 other states with similar programs aimed at preventing sales to minors. For business owners, the increased oversight and compliance requirements could be dealbreakers.