Tobacco harm reduction advocates testify against proposed OTP tax increase in Maryland

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Bill Godshall

Executive Director<br/> Smokefree Pennsylvania
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Last week CASAA's Greg Conley and Smokefree Pennsylvania's Bill Godshall testified against proposed legislation in Maryland (SB 631, SB 562 and HB 1153) that would sharply increase MD's tax rate on Other tobacco Products (from 15% to 70% of wholesale price, and from 15% to 95% of wholesale cost).

On March 7, we testified before the Senate Budget and Taxation Committee, and on March 9 we testified before the House Ways and Means Committee.

Following is my March 7 testimony.


Testimony to the Maryland Senate Budget and Taxation Committee on SB 631

March 7, 2012

By
William T. Godshall, MPH
Executive Director
Smokefree Pennsylvania
1926 Monongahela Avenue
Pittsburgh, PA 15218
412-351-5880
smokefree@compuserve.com

I’m Bill Godshall, founder and executive director of Smokefree Pennsylvania. Since 1990, we’ve successfully advocated policies to reduce indoor tobacco smoke pollution, reduce tobacco marketing to youth, increase cigarette tax rates, hold cigarette companies accountable in civil court, and I convinced US Senator Mike Enzi to amend the Tobacco Control Act to require graphic warnings on all cigarette packs, which is now in federal litigation.

Since a key public health goal is to reduce tobacco attributable disease, disability and death, I strongly urge you to reject SB 631 and other legislation to raise OTP tax rates.

Extensive scientific and empirical evidence, including a report I coauthored in 2006, confirms that smokeless tobacco products are about 99% less hazardous than cigarettes, and that >99% of tobacco morbidity, mortality and healthcare costs are attributable to cigarette smoking, not smokeless tobacco or cigars. Smokers who switch to smokeless tobacco products reduce their risks nearly as much as smokers who quit all tobacco/nicotine use, and several million smokers in US have already quit smoking cigarettes by switching to smokefree alternatives.

While cigars can cause similar diseases as cigarettes if they are smoked like cigarettes, most cigar smokers don’t inhale the smoke, and most don’t smoke daily. Thus, cigars also are far less hazardous than cigarettes.

As US cigarette consumption declined 32% in the past decade, moist snuff consumption increased 54%, with adult smokers accounting for the majority of new snuff users. Recent surveys have found that cigarette smokers are far more likely to begin using smokeless tobacco products than are non tobacco users.

There are 70 million tobacco users in the US, but the 33 million daily cigarette smokers will suffer the overwhelming majority of tobacco diseases and deaths. The only way to reduce tobacco disease and death is to continue reducing daily cigarette smoking and cigarette consumption. In contrast, tobacco disease reductions would be negligible even if everyone stopped using smokeless tobacco products and cigars.

During the past 15 years, youth cigarette smoking has dropped sharply and youth use of smokeless tobacco also has declined. The National Survey on Drug Use and Health found that past month use of cigarettes, cigars, smokeless tobacco and pipe tobacco among youth 12-17 years ALL declined from 2007 to 2010. Please note that youth consume less than 1% of tobacco products.

The purpose for increasing cigarette taxes was to hold smokers accountable for governmental expenditures to treat cigarette diseases and disabilities.

But since MD’s 15% tax on OTP already generates more tax revenue than MD spends treating diseases caused by smokeless tobacco and cigars, any increase in MD’s OTP tax rate would represent an unfair and punitive tax. This bill would tax the least hazardous tobacco products at a higher rate than cigarettes.

PA has no tax on smokeless tobacco or cigars, WV taxes the products at 7% of wholesale price, VA taxes them at a similar rate, and DE taxes them at 15%. Most smokeless tobacco users in MD live within 15 miles of an adjacent state, and will simply travel out of state to buy the products if the MD legislature enacts this legislation.

Since cigars are sold on many Internet websites, including some in PA where no cigar tax exists, many more cigar smokers in MD would simply buy them via the Internet to avoid taxes, resulting in very little increased tax revenue for MD.

Smokers have a human right to be truthfully informed that smokefree tobacco products are far less hazardous alternatives to cigarettes. Unfortunately, some health agencies and organizations have deceived elected officials and the public to inaccurately believe that all tobacco products are just as hazardous as cigarettes.

Once again, I urge you to reject SB 631 because it would discourage smokers from switching to far less hazardous smokefree alternatives.

Thank you,


After the hearing ended, the MD Senate Budget and Taxation Committee decided to increase the OTP tax to just 20% of wholesale price, although the MD budget process continues for the next several weeks.
 

Bill Godshall

Executive Director<br/> Smokefree Pennsylvania
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The March 9, 2012 Maryland House Ways and Means Committee hearing on legislation (HB 1153) to increase tobacco tax rates (and many other bills) can be watched/listen to at:
3_9_2012_meeting_1 (Standard Player)

The part of the hearing on HB 1153 begins at 3:15 and goes until the end of the recording.
Testimony by Greg Conley and me are from 4:15 to 4:30 of the recording.
 

Mud Stuffin

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I just listened to the hearing on HB1153 in its entirety. I have to say that there were a few points provided by the proponents of this bill that, had I lived in MD, would have had me on the phone with my delegate.

First, the statement that the bill would FORCE more people to quit smoking. While I'm now opposed to cigarette smoking, I stopped of my own accord. I served my country for over 22 years to preserve our freedoms. I will not allow anyone to FORCE me to stop doing something that is not currently in violation of any laws.

Another speaker that torqued my jaw was the ACS. Aside from the fact that she couldn't properly pronounce "drowning" and doesn't know the difference between groves (stands of trees) and droves (large numbers), her statement that there is currently no screening available for lung cancer shows where that association stands on their research. They have no desire to cure or even screen for cancer - doing so is self-destructive to their association. I certainly wouldn't want to work my way out of my job!

I do agree that there really is no "safe" alternative to smoking, and I doubt anyone could agree that there is. There are safer alternatives, and that is what is not understood at the legislative level. Yes, chewing tobacco and oral snuff can cause oral cancer. But they don't cause COPD and other breathing disorders. Their mortality rate is far lower than that of cigarette smokers.

I also think Greg Conley did not make a very convincing argument, but I'm glad he tried. And I'm glad the MD House Ways and Means Committee did the right thing. It would have been much better to prevent a tax increase completely, but a 5% increase is something I could live with.

Just my :2c:
 

Penner

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Hi Bill,

You said "MD’s 15% tax on OTP already generates more tax revenue than MD spends treating diseases caused by smokeless tobacco and cigars, any increase in MD’s OTP tax rate would represent an unfair and punitive tax."

Just out of curiosity,
1. how much tax revenue a year does MD get from taxing smokeless tobacco & cigars.
2. How much does MD spend a year in treating diseases specifically from smokeless tobacco & cigars only?

If you have these figures, this could give a lot of ammunition for ecig advocates. Thanks.
 

Bill Godshall

Executive Director<br/> Smokefree Pennsylvania
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MD OTP tax revenue data is likely available from the MD Dept of Revenue, but I don't have the data (and don't have time to search for it).

Based on industry sales data from several years ago, 10-11 million cans of moist snuff are sold/consumed annually in MD, at an average price of about $4, generating $6-$7 million annually in state revenue. Chewing tobacco sales generate no more than $1 million in additional state revenue.

But since smokeless tobacco is 99% less hazardous than cigarettes, the costs of treating smokeless tobacco diseases are about 99% less than for cigarettes.

And despite all of the fear mongering propaganda about smokeless tobacco causing mouth cancer, cigarette smokers have 4-7 times greater risk of contracting and dying from mouth cancer than do smokeless tobacco users.

The lobbyist who testified for the ACS doesn't know anything about the epidemiology of tobacco diseases, but yet she boasted and insisted that ACS relies upon scientific evidence, while grossly misrepresenting the scientific evidence in order to lobby for an OTP tax increase so the ACS (and other groups that testified in support of the tax hike) could get some of that government revenue in the form of another anti tobacco program contract (as the funds generated by the tax hike are earmarked for more governement anti tobacco programs to further misrepesent the health risks of smokeless tobacco, to continue blaming the tobacco industry, and to claim that drug industry products are the only way to quit smoking).
 

kelsey59

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Nov 23, 2011
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The Maryland Senate pushed the tax increase through, including an in increase in the tobacco tax.

The tax bill also includes higher taxes on cigars and smokeless tobacco, as well as extending the state's sales tax to online purchases. Any kind of digital product including music, and smart phone apps, would remain exempt from the sales tax
Senate Approves Income Tax Increase | Baltimore News | WBAL Radio 1090 AM

This is nothing new for Maryland. They are still trying to add a sales tax to gasoline on top of the current tax. The state is basically tax hell.
 

Bill Godshall

Executive Director<br/> Smokefree Pennsylvania
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Placebo Effect

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I should take this moment to clarify something I said in a response to one of the representatives.

Dr. John Polito has estimated that among *smokeless tobacco users*, there are, at most, 1,300 oral cancers each year among the U.S population of smokeless tobacco users. I inaccurately stated that there are 1,300 cases of oral cancer each year. It is an exceedingly rare disease when compared to the other diseases that result from decades of cigarette usage.
 
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