Elliot Boyce, a retired New York State Police officer, said in an interview that Gov. Kathy Hochul’s proposed 75% nicotine pouch tax would fuel street trafficking and increase risks for public safety and community violence, especially for Black and Latino communities.
The governor’s latest budget proposed applying the state’s existing tobacco tax framework to nicotine pouches, including a 75% excise tax similar to the levy on other non-cigarette tobacco products.
The proposal has drawn opposition from former law enforcement officials and business advocates who say it could expand illicit trade and strain police resources as lawmakers consider its inclusion in the state budget. According to City & State New York, Boyce joined other opponents at the New York State Capitol on Feb. 26, 2026, warning that the tax would have negative consequences as budget talks moved toward final negotiations.
“This particular tax, at 75% on nicotine pouches, will have adverse impacts in a major way. Because it will push individuals to the streets. If it pushes individuals to the streets, it increases the opportunity for impact amongst police officers and communities. Unfortunately, in many cases, because these Black, Latino communities are impacted by the trafficking the most, that causes more problems. If you tax it at 75%, individuals from the rural communities, middle-class individuals, will travel into the city and become subject to individuals targeting them for robberies and other crimes that can lead to subsequent violence,” Boyce said.
High tobacco taxes have previously been linked to increased illicit trade pressures. The Tax Foundation estimates New York’s cigarette smuggling rate at 51.8% as of 2023—meaning over half of cigarettes consumed in-state were not purchased legally in New York. The group says smuggling rises where tax differentials create strong incentives for avoidance and black-market supply according to its data.
Rutgers Health researchers also found that high cigarette taxes in New York City fueled illicit trade; only 16.6% of surveyed littered cigarette packs had required city tax stamps in a recent study.
Assemblywoman Michaelle Solages said Hochul’s proposed nicotine pouch tax would “hit low-income people the hardest” and disproportionately impact minority communities. She warned enforcement against untaxed underground sales often falls on “Black and brown communities,” increasing police interactions with bodegas and raising risks of negative encounters according to Spectrum News.
Boyce began his law enforcement career in 1987 as a New York State Trooper before working narcotics investigations and retiring after more than three decades of service—including time as Director of the NY State Police Employee Assistance Program (EAP). He is also listed as a board member with experience in trauma-informed policing and crisis work according to his public bio.
