Fifty states and DC, scored
The Cigar LawTM Heat Map
Every state and the District of Columbia, scored from 0 to 100 on the state laws that matter most to a premium cigar: tax, indoor smoking, flavor bans, shipping to consumers and the power of local governments to add their own rules. A higher score means state law makes it harder or more expensive to make, ship, sell or smoke a premium cigar there.
State law current as of October 12, 2026. For the analysis behind this edition, read The Cigar Law Heat Map: Where Premium Cigars Face the Toughest State Laws.
See all 51 scores in a table
| Rank | State | Score | Tax on a $5 cigar | Indoor cigar smoking | Statewide flavor ban | Shipping to consumers | Local rules |
|---|---|---|---|---|---|---|---|
| 1 | Maine | 83 | $3.75 | Shops or older bars only | Yes, premium exemption | Restricted | Allowed |
| 2 | Utah | 74 | $3.44 | Banned in bars and shops | None | Effectively banned | Partly preempted |
| 3 | California | 71 | $2.55 | Shops or older bars only | Yes, premium exemption | Restricted | Allowed |
| 4 | Alaska | 68 | $3.75 | Shops or older bars only | None | Open | Allowed |
| 4 | New York | 68 | $3.75 | Shops or older bars only | None | Open | Allowed |
| 6 | Massachusetts | 63 | $2.00 | Cigar bars allowed | Yes, no premium exemption | Restricted | Allowed |
| 7 | Vermont | 61 | $2.00 | Banned in bars and shops | None | Restricted | Allowed |
| 8 | Colorado | 57 | $2.24 | Shops or older bars only | None | Restricted | Allowed |
| 9 | Illinois | 52 | $2.25 | Shops or older bars only | None | Open | Allowed |
| 10 | Hawaii | 50 | $2.50 | Shops or older bars only | None | Effectively banned | Preempted |
| 11 | Delaware | 48 | $1.50 | Banned in bars and shops | None | Restricted | Partly preempted |
| 12 | New Jersey | 44 | $1.50 | Shops or older bars only | None | Open | Allowed |
| 12 | Oregon | 44 | $1.00 | Shops or older bars only | None | Restricted | Allowed |
| 14 | North Dakota | 42 | $1.40 | Cigar bars allowed | None | Restricted | Allowed |
| 15 | Minnesota | 39 | $0.50 | Shops or older bars only | None | Restricted | Allowed |
| 16 | South Dakota | 38 | $1.75 | Cigar bars allowed | None | Restricted | Partly preempted |
| 17 | District of Columbia | 37 | $0.00 | Cigar bars allowed | Yes, no premium exemption | Open | Allowed |
| 18 | Virginia | 35 | $0.80 | Cigar bars allowed | None | Restricted | Allowed |
| 19 | Connecticut | 34 | $0.50 | Shops or older bars only | None | Open | Allowed |
| 19 | Georgia | 34 | $1.15 | Cigar bars allowed | None | Open | Allowed |
| 19 | Kansas | 34 | $0.50 | Shops or older bars only | None | Open | Allowed |
| 22 | New Hampshire | 33 | $0.00 | Shops or older bars only | None | Restricted | Allowed |
| 22 | Ohio | 33 | $0.67 | Shops or older bars only | None | Restricted | Partly preempted |
| 24 | Nebraska | 32 | $1.00 | Cigar bars allowed | None | Open | Allowed |
| 24 | Rhode Island | 32 | $0.50 | Cigar bars allowed | None | Restricted | Allowed |
| 24 | Washington | 32 | $0.65 | Banned in bars and shops | None | Restricted | Preempted |
| 27 | Arizona | 31 | $0.22 | Shops or older bars only | None | Open | Allowed |
| 28 | Indiana | 30 | $1.50 | Cigar bars allowed | None | Open | Partly preempted |
| 29 | Montana | 29 | $0.35 | Banned in bars and shops | None | Restricted | Preempted |
| 30 | Maryland | 27 | $0.75 | Cigar bars allowed | None | Restricted | Partly preempted |
| 31 | Wyoming | 26 | $1.00 | No statewide bar ban | None | Open | Allowed |
| 32 | Louisiana | 24 | $0.50 | Cigar bars allowed | None | Restricted | Partly preempted |
| 32 | Michigan | 24 | $0.50 | Shops or older bars only | None | Restricted | Preempted |
| 32 | Missouri | 24 | $0.40 | No statewide bar ban | None | Restricted | Allowed |
| 35 | West Virginia | 21 | $0.60 | No statewide bar ban | None | Open | Allowed |
| 36 | Nevada | 20 | $0.50 | Cigar bars allowed | None | Open | Partly preempted |
| 37 | Iowa | 19 | $0.50 | Shops or older bars only | None | Open | Preempted |
| 37 | Wisconsin | 19 | $0.50 | Shops or older bars only | None | Open | Preempted |
| 39 | Arkansas | 18 | $0.58 | Cigar bars allowed | None | Restricted | Preempted |
| 40 | Idaho | 17 | $0.50 | Cigar bars allowed | None | Restricted | Preempted |
| 40 | New Mexico | 17 | $0.50 | Cigar bars allowed | None | Restricted | Preempted |
| 40 | North Carolina | 17 | $0.30 | Cigar bars allowed | None | Open | Partly preempted |
| 43 | Alabama | 15 | $0.04 | No statewide bar ban | None | Open | Allowed |
| 44 | Mississippi | 14 | $0.60 | No statewide bar ban | None | Open | Partly preempted |
| 45 | Florida | 12 | $0.00 | Cigar bars allowed | None | Restricted | Preempted |
| 46 | Kentucky | 11 | $0.30 | No statewide bar ban | None | Open | Partly preempted |
| 47 | Tennessee | 10 | $0.33 | Cigar bars allowed | None | Open | Preempted |
| 48 | Oklahoma | 8 | $0.12 | Cigar bars allowed | None | Open | Preempted |
| 48 | Texas | 8 | $0.01 | No statewide bar ban | None | Open | Partly preempted |
| 50 | Pennsylvania | 7 | $0.00 | Cigar bars allowed | None | Open | Preempted |
| 50 | South Carolina | 7 | $0.20 | No statewide bar ban | None | Restricted | Preempted |
How the score works
Each state starts at zero and earns points in five categories, for a maximum of 100.
- Tax (40 points). The state excise tax on a reference premium cigar with a $5.00 wholesale price, $4.00 manufacturer's price and $10.00 retail price, using each state's own tax base and any per-cigar cap. A tax of $3.75 or more earns all 40 points, and lower taxes earn a proportional share. Local taxes are excluded.
- Indoor smoking (20 points). 20 points where state law bans smoking in bars and allows no cigar bar or tobacco shop exception. About 13 where tobacco shops or pre-existing cigar bars are exempt. About 7 where new cigar bars may open or bars are exempt. None where state law does not ban smoking in bars.
- Flavor (15 points). 15 points for a statewide flavor ban that reaches premium cigars with no exemption. 10 points for a statewide ban with a premium cigar exemption.
- Shipping (10 points). 10 points where state law effectively bars shipping cigars to consumers. 5 points where it restricts them beyond federal law through licensing, age verification or carrier rules.
- Local power (15 points). 15 points where cities and counties may regulate tobacco sales more strictly than the state. 7.5 where that power is partly preempted, and none where it is broadly preempted.
The weights reflect my judgment about what affects a premium cigar business most, with tax first. Under equal weights and two other mixes, states in the middle trade places, but the top and bottom of the map hold.
What the score does not capture
- Local law. The score measures state law. Local taxes in places like Chicago, Cook County and New York City, and local flavor or birth-year sales bans, can make a city far more restrictive than its state. The "local rules" column measures whether localities may act, not whether they have.
- Price. An uncapped percentage tax costs less on an inexpensive cigar and much more on a $15 cigar. A capped state treats them alike.
- Unsettled points. Ohio's preemption of local flavor bans is before the Ohio Supreme Court. Washington's mail-order rules are enforced unevenly. The District of Columbia's flavor ban appears to have no premium exemption. Where the law was unclear, I chose the reading most consistent with the statute.
Changes on the calendar
These changes are already law and will move scores when they take effect:
- January 1, 2027. Illinois' 75-cent per-cigar cap begins. Illinois, Nebraska and Utah begin licensing remote sellers of cigars.
- June 30, 2027. Nevada's 50-cent cap expires unless renewed.
- July 1, 2027. Colorado's combined rate rises from 56% to 62% of the manufacturer's list price.
- December 31, 2027. Louisiana's 50-cent cap sunsets unless renewed.
Changes to individual laws appear first on the Cigar LawTM Tracker.
Change log
- October 12, 2026. Map published. Scores reflect state law as of October 12, 2026.
Sources
The scores draw on state statutes and revenue department guidance, checked against these compilations:
- Tax Foundation, Premium cigar taxes by state (2024 baseline, updated for 2025 and 2026 changes)
- American Nonsmokers' Rights Foundation, 100% smokefree state and local laws
- CDC STATE System, tobacco legislation preemption data
- Public Health Law Center, delivery sales regulations dataset (Nov. 2025)
- Public Health Law Center, U.S. sales restrictions on flavored tobacco products (June 2026)
This page is general information about the law, not legal advice for any particular situation.
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