January 18, 2025

40% Tax on Smoking Devices Takes Effect in Iowa, Small Businesses Struggle to Adapt

40% Tax on Smoking Devices Takes Effect in Iowa, Small Businesses Struggle to Adapt

Des Moines, Iowa — A new Iowa law is causing turmoil for smoke shop owners across the state by introducing a significant 40% tax on smoking devices like glass and metal pipes and bongs. The law, known as Senate File 345, quietly passed during the final days of the 2024 legislative session and officially went into effect on January 1, 2025.

In addition to the steep tax, the legislation imposes other stringent requirements. Smoke shop owners must now pay a $1,500 sales permit fee and maintain detailed sales records, including buyers’ names, addresses, and age verification, for five years.

A Law Passed in Secrecy

Horton, who played a key role in defeating a similar bill in 2021, expressed frustration over the lack of transparency surrounding the new legislation. He claims that the bill was intentionally difficult to track, as its designation was changed from Senate File 363 to Senate File 345 during the legislative process.

“Nobody in the industry had any idea this was happening until it was already passed,” Horton explained. “We only found out through an email from the Iowa Department of Revenue, which stated that the law would take effect January 1.”

This lack of communication left many business owners unprepared for the sweeping changes. Horton and others in the industry feel blindsided, with little guidance on how to comply with the new rules.

Constitutional Concerns and Industry Impact

One of the most controversial aspects of the law is the requirement for smoke shops to keep detailed records of their customers. Horton believes this provision violates constitutional rights and raises serious privacy concerns.

“It’s a huge issue,” he said. “This feels like a major breach of our constitutional rights, forcing us to collect and store private information about our customers.”

The financial burden of the law is also significant. In addition to the 40% tax, the $1,500 sales permit adds another layer of expense for small businesses. Horton noted that these costs have already led to the closure of five smoke shops across the state.

“This law is affecting everyone—from families running small home businesses to established brick-and-mortar stores that have been around for decades,” Horton said.

Challenges in Implementation

Horton also criticized the law for its vague language, which he says fails to provide clear guidance on how smoke shops should operate under the new rules. When he contacted the Iowa Department of Revenue for clarification, he was met with confusion and received no satisfactory answers.

“The lack of clarity is a major problem,” Horton said. “How are we supposed to follow the law when even the Department of Revenue can’t explain it properly?”

Favoring Imports Over Local Businesses

Another concern raised by Horton is the law’s impact on the American side of the smoking device industry. He believes the tax and regulatory requirements will push businesses to rely on cheaper, imported products from countries like China and India, where production costs are lower, and ethical standards are often less stringent.

“This law essentially supports imported goods over locally made products,” Horton said. “It’s a huge blow to American tradesmen and small businesses.”

Hopes for Change

Despite the challenges, Horton remains hopeful that the law can be amended or repealed. He is calling on legislators and industry professionals to work together to create a more balanced solution that benefits both the state and local businesses.

“We need a law that works for everyone,” Horton said. “Right now, this law is only causing harm. It’s shutting down businesses and putting people out of work.”

Horton emphasized the importance of collaboration and transparency in crafting future legislation. He believes that open communication between lawmakers and industry leaders is essential for creating fair and effective policies.

A Broader Debate

The controversy surrounding Senate File 345 highlights a larger debate about taxation and regulation in Iowa. While supporters of the law argue that it will generate revenue and help regulate the sale of smoking devices, critics believe it places an unfair burden on small businesses and infringes on individual rights.

The issue also raises questions about the legislative process itself. Horton’s claims about the lack of transparency in passing the law have sparked concerns about how policies that impact small businesses are developed and communicated.

Community and Economic Impact

The new law’s effects extend beyond smoke shop owners. Employees, customers, and suppliers are also feeling the ripple effects. Many small business owners are struggling to adapt to the additional costs and administrative burdens.

“This isn’t just about money—it’s about people’s lives,” Horton said. “Families are losing their livelihoods because of this law.”

Looking Ahead

As the debate continues, Horton and other industry leaders are urging lawmakers to revisit the legislation. They hope to either repeal the law or amend it in a way that balances the state’s regulatory goals with the needs of local businesses.

For now, Iowa’s smoke shop owners face an uncertain future. Horton encourages others in the industry to stay informed and advocate for change.

“This fight isn’t over,” he said. “We’re going to keep pushing for what’s right.”

Disclaimer – Our editorial team has thoroughly fact-checked this article to ensure its accuracy and eliminate any potential misinformation. We are dedicated to upholding the highest standards of integrity in our content.

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