Rep. Jason Osborne: Biden menthol ban would undermine a NH advantage

Rep. Jason Osborne: Biden menthol ban would undermine a NH advantage

This column by New Hampshire House Majority Leader Jason Osborne originally appeared in the New Hampshire Union Leader on January 18, 2024. Read it at unionleader.com.

FOR MOST of the last year, the Biden administration has been leaning towards implementing a ban on menthol cigarettes. Not all tobacco, not even all cigarettes — just one targeted type. It also happens to be the tobacco product of choice of many Black Americans and people of color. It is a preposterous idea that will literally target minority populations and place law enforcement in a very precarious predicament to enforce this ban in communities where there is already tension.

However, recently, as their poll numbers drop, the Biden administration said that they would not impose their menthol ban — at least not yet. They said they would consider it later (read: after the election) when they would no longer fear the political blowback from enacting it. In other words, they still plan to impose this targeted government overreach, but only when it is politically convenient for them to do so.

It is astounding that this administration would not recognize the errors in their policy or the unintended consequences that could reverberate in society, from individual liberties to the impact on small businesses to the illicit black-market trade. Furthermore, it is astonishing that they take the American public for fools when they tell us that their unpopular and short-sighted policy will not be enacted, just yet.

Many of those running for president on the Republican side of the aisle have gone on the record in saying that they will not be imposing a menthol ban, because they know it would hurt our New Hampshire Advantage economically while driving products into the black market and enriching criminals.

They could have used this opportunity to talk about what is killing our kids — heroin and fentanyl. In New Hampshire and across the country that is a real crisis that needs to be addressed in an immediate and holistic manner.

It would be wise for this administration to wake up to the real challenges our communities face and work with them to save lives — that would be both good policy and good politics. I know I speak for many when I say that we would be thrilled to hear about new and effective ways to address the opioid addiction crisis ravaging our country.

Instead, the Biden administration continues to neglect true problems and instead pick on liberty-loving people who choose to legally and responsibly enjoy their freedoms and their life. In fact, it epitomizes what is wrong in government — bad policy, less freedoms, and a sneaky way to delay and then impose what government bureaucrats want.

A federal menthol ban would also severely hurt small businesses that benefit from the New Hampshire advantage. Massachusetts passed their own menthol tobacco ban, and instead of reducing smoking, it just sent customers looking elsewhere. If the ban goes into effect, it would impact the livelihood of small businesses in New Hampshire while simultaneously reducing the revenue we receive that goes towards emergency services, our schools and infrastructure projects.

It continues to amaze me how this administration will target what is legal in commerce and try to tax it, punish it or eliminate it, yet they have given no priority in enforcing the current laws on the books as to what is illegal. Why not address real problems before making up new ones?

Bad policy is one thing. If this administration was serious about admitting a mistake and allowing legal freedom and small business to flourish in our state, I would be commending them. Instead, their naked admission that their policies are not popular and so will not be enacted until after we vote is truly cynical.

I encourage all legislators at all levels to work together to find solutions that address the true threats we see every day in New Hampshire — mental health, addiction and drug use. When people focus on what the real problems are, we can find real solutions. But if the government is adamant on restricting legal freedoms, then we will only find more problems.

Originally published in the New Hampshire Union Leader.