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74

TOBACCO BUSINESS INTERNATIONAL

MAY/JUNE 2015

Op-Ed

T

he Washington State Legislature

appears again poised to go to the

cigarette excise tax well. A proposal

to hike the state’s excise tax by another 50

cents to $3.52 per pack would exacerbate an

already large smuggling problem and offer

little in the way of gains to public health.

We have created a statistical model to

measure the degree to which cigarette

smuggling occurs in most of the United

States.Through 2013, our model reported

that Washington had the third-highest

smuggling rate among 47 states. Our

estimate shows that, of all the cigarettes

consumed in Washington that year,

46.4 percent were obtained as a result

of tax evasion or avoidance. The state’s

smuggling rate would be four points

higher if we did not subtract out cigarette

smuggling exports going to Canada.

We are not the only team of scholars

to tag Washington state with a very high

smuggling estimate. On February 19,

the National Research Council and the

Institute of Medicine released its own

state-by-state smuggling estimates in

a report titled “Understanding the U.S.

Illicit Tobacco Market: Characteristics,

Policy Contest, and Lessons from

International Experiences,” in which they

estimate Washington’s smuggling rate for

2012 at 45.5 percent.

In other words, two groups of analysts

working independently made nearly

identical smuggling estimates. Even if

both are off by 10 or 15 percentage points,

Washington still has a rampant problem

that could get even worse.The state’s own

smuggling estimate for 2013 was 32.9

percent of the total market.

To measure the future impact of adding

50 cents per pack onto the state’s existing

tax, we reran our model at the higher

rate. It reports that smuggling will leap to

52.5 percent of the total market, moving

Washington into second place among

smuggling states behind only New York

state, whose smuggling problems are

exacerbated by New York City’s municipal

excise tax of $1.50 and its proximity to

tobacco state Virginia.

Perhaps more instructive is that the

model is informing us that Washington is

getting dangerously close to the point at

which revenues from a higher excise tax

will turn negative. We estimate that the

higher excise tax will only raise about 3.3

percent or $13.5 million more than it does

now due to a drop in legal paid sales of

11.4 percent.

It is worth noting that the state’s

own estimates aren’t too different. They

estimate new revenues of $18 million

to $20 million in the year following the

hike and a legal paid sales decline of 9.5

percent.

As a large percentage of Washington’s

population lives along the Interstate-5

corridor, it does not strain credulity

to suggest that large amounts of illicit

cigarettes are being trucked up from

Oregon, which maintains an excise tax of

just $1.31 per pack. We also suspect that

Washington’s busy port system facilitates

the illegal transit of untaxed smokes, but

our model is not yet designed to measure

that.

We do recognize that supporters of

such tax hikes for health reasons are

well-intentioned, but evidence suggests

that illicit sources of smokes may be

undermining their goals.

In 2004, economist Mark Stehr

published a paper that suggested up to

85 percent of the change in legal paid

sales of cigarettes may be attributed to tax

avoidance or evasion rather than to people

ending their smoking habits.

The authors of a 2014 study,“DoHigher

Tobacco Taxes Reduce Adult Smoking?”

published in the peer-reviewed

Journal

of Economic Inquiry

, are skeptical as well.

They write: “Considering all the evidence,

we conclude that there is insufficient

justification for the widespread belief that

raising cigarette taxes will significantly

reduce cigarette consumption among

adults—even young adults.”

The reasoning behind this is simple:

people turn to illicit markets for cheaper

(and, we argue, sometimes more

dangerous) alternatives and those who still

smoke have a strong preference for doing

so. Lawmakers should never confuse a

decline in legal paid sales with a decline in

smoking rates. The former need not lead

to the latter, especially to the degree that

health advocates hope.

By opposing a further cigarette excise tax

increase,Washington legislators will avoid

forcing residents to accept substantial

increases in lawlessness in exchange for

modest reductions in smoking rates.

TBI

Michael LaFaive is director of fiscal policy

with the Mackinac Center for Public Policy

in Midland, Michigan. Todd Nesbit, Ph.D.,

is a senior lecturer in economics at Ohio State

University and a member of the Mackinac

Center’s Board of Scholars.

Why an Excise Tax on

Cigarettes Won’t Work

Fewer legal sales won’t necessarily mean lower smoking rates.

By Michael D. LaFaive and Todd Nesbit, Ph.D.