State Status

Any Preemption

Pending Legislation

Quote

"The immediate implications for our business are clear: if our consumers have fewer opportunities to enjoy our products, they will use them less frequently and the result will be an adverse impact on our bottom line. Even more important, accommodation / preemption laws shape the real-world environment in which our customers and their non-smoking friends and associates live every day. If smokers are banished to doorways and loading docks in front of buildings, it makes smokers feel like outcasts and gives encouragement to the antis. On the other hand, if we live in a society that accommodates smokers and non-smokers alike, it sends the message that smoking is a viable life-style choice and an adult's decision to use a legal product should be respected."

Tina Walls
Philip Morris (PM)

North Carolina

North Carolina's restaurants and bars are smokefree!

As of January 2, 2010, all restaurants and bars in North Carolina are smokefree. Governor Beverly Perdue signed the historic law on May 19, 2009. The law exempts non-hospitality workplaces and cigar bars, but it is a major step forward in protecting residents and workers. The law also succeeded in partially restoring local control to allow local governments to adopt smokefree laws for government worksites and public places. Read North Carolina's law.

For information on the smokefree law, visit Smokefree.NC.Gov.
To report a violation, you can file a complaint online or by telephone at 800-662-7030.
To learn about North Carolina's ongoing smokefree air efforts, visit SmokefreeNC.

North Carolina's 2018 Legislative Session: January 10 - Mid July

Preemption History

North Carolina enacted a law in 1993 that preempted all local smokefree air laws. North Carolina advocates began a strategy of building support to chip away at preemption. Starting in 2003, the legislature began taking a number of small but important steps to restore aspects of local control.

Laws were enacted to partially repeal preemption to allow local governments, health departments, and social services departments to enact smoking restrictions in their buildings, to allow University of North Carolina campuses and community college campuses to adopt smokefree policies, among other areas. Additionally, laws were enacted to require that the Senate Chambers, General Assembly buildings, state government buildings, state correctional facilities, and long term care facilities be smokefree.

The 2009 North Carolina smokefree law also partially repeals preemption, stating that "A local government may adopt and enforce ordinances, board of health rules, and policies restricting or prohibiting smoking that are more restrictive than State law and that apply in local government buildings, on local government grounds, in local vehicles, or in public places." Local governments are still prohibited from adopting smokefree laws in cigar bars; private clubs; private residences and vehicles; tobacco shops; facilities of tobacco manufacturers/growers/dealers; hotel/motel rooms; and movie and theatrical sets.

Current tobacco-related statistics are available from the Centers for Disease Control's Tobacco Control State Highlights, 2010.

Legislative SummariesArchives

There aren't any legislative summaries for this state at this time. Please check back.

Action AlertsArchives

2/4/2011What's happening in the U.S. Territories and Commonwealths?

News SummariesArchives

7/31/2019States Are Thwarting Cities' Attempts to Govern Themselves
4/29/2019In Washington, Juul Vows to Curb Youth Vaping. Its Lobbying in States Runs Counter to That Pledge.
10/13/2017State lawmakers choose winners and losers through preemption
7/6/2017Blue Cities Want to Make Their Own Rules. Red States Won't Let Them.
5/10/2017The Threat of Super-Preemption
3/6/2017Preemption Prevents Innovation
2/21/2017City Rights in an Era of Preemption: A State-by-State Analysis
2/2/2017Red State, Blue City
1/5/2017GOP aims to rein in liberal cities
9/9/2016How ALEC, ACCE, and Preemption Laws are Gutting the Powers of American Cities
8/22/2016Blue Cities, Red States
6/28/2016Colorado Preemptions of Local Government: The Need for the Colorado Community Rights Amendment
6/23/2016State and Local Comprehensive Smoke-Free Laws for Worksites, Restaurants, and Bars--United States, 2015
4/6/2016From Fracking Bans To Paid Sick Leave: How States Are Overruling Local Laws
4/1/2016Growing Southern cities are increasingly targets of state pre-emption
3/25/2016Beyond North Carolina's LGBT Battle: States' War on Cities
2/4/2016Corporate Interests Take Aim at Local Democracy
8/6/2015Blowing the Whistle on ALEC's Little Brother ACCE
7/7/2015Four Ways ALEC Tried to Ruin Your State this Year
5/17/2015Say no: States increasingly blocking cities and counties from imposing mandates on businesses
5/8/2015State lawmakers hate federal meddling even as they preempt local government
3/30/2015The ALEC-Backed War on Local Democracy
2/23/2015Govern Yourselves, State Lawmakers Tell Cities, but Not Too Much
8/9/2013Study: Smoking ban has no negative impact on restaurant revenue
6/1/2013Editorial: Smoking bans: Legislature should respect local decisions
5/22/2013Health advocates oppose NC Senate smoking bill
5/16/2013Effort to block beach smoking ban stalls
5/9/2013Smoke-free progress undone by SB 703
2/10/2013Davis measuring support for beach smoking ban
3/21/2012NC Appeals Court upholds state smoking ban
11/22/2011Ban's benefits
7/20/2011Pool hall's challenge of smoking ban fails
4/20/2011Measure Seeks Exemptions To Smoking Ban
12/29/2010NC Smoking Ban Reaches First Year
8/5/2010Few Complaints About Violation of Smoke-Free Law
7/29/2010Judge: Smoking ban does not violate constitution
7/20/2010Majority support state's smoking ban
6/15/2010Poll shows smoking ban popular with voters
4/23/2010Smoking ban clears air in N.C. restaurants
2/5/2010State Preemption of Local Smoke-Free Laws in Government Work Sites, Private Work Sites, and Restaurants United States, 2005-2009
1/17/2010Smoking dips -- and few are complaining
1/2/2010Local businesses may be surprised at who comes back to visit after smoking ban
1/1/2010Smoking ban starts Saturday
12/1/2009Smokers face ban on Jan. 2
11/10/2009County officials weigh possibility of additional smoking restrictions
10/29/2009Website explains new NC smoking law
8/31/2009Perdue signs all but 6 bills from NC Legislature
8/3/2009Little hope left for hookah bars
7/29/2009Exception for hookah bars OK'd by NC House panel
7/21/2009No-smoking restrictions may extend
5/19/2009Smoking ban signed by Perdue
5/14/2009'Historic day': Ban on smoking goes to governor
5/8/2009Senate passes smoking ban
5/6/2009Senate committee scales back smoking ban
5/1/2009Democrats delay smoking-ban bill to firm up votes
4/29/2009Senate committee approves stricter smoking ban
4/23/2009Smoking-ban supporters try to restore bill's restrictions
4/22/2009NC Senate committee delays smoking ban debate
4/13/2009NC Senate mulls public smoking ban
4/2/2009N.C. House poised to pass smoking ban
4/1/2009Bars exempted from smoking ban
3/26/2009Statewide smoking ban could soon see vote
3/22/2009Third time could be charm for smoke ban
3/12/2009Health board supports ban on indoor smoking
3/8/2009Board wants more powers
3/4/2009Smoking ban clears first hurdle.
2/27/2009Debate continues on N.C. smoking ban
2/15/2009EDITORIAL: The time has come
2/2/2009Tobacco gradually losing its political sway
1/29/2009Lawmaker pursues smoking ban
1/28/2009NC County Commissions want state to overturn law prohibiting smoking bans

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State Specific Resources

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