preemption
Preemption and Oklahoma
leaving communities powerless.
Big Tobacco sees preemption as a powerful legal tool used to stifle local government reforms through lobbyists and campaign donations. By flooding the state-level system with money, Big Tobacco gets the legislation they need to prevent reform at the local level. Why is this a problem? Smoke-free policies have not only been shown to improve the health of a community, but often the local economy improves as well.
Tobacco companies see local tobacco control as a threat to their business model. They want tobacco addiction ingrained in the lives of Oklahomans. Big Tobacco’s legislative strategy works — leading to countless deaths while costing taxpayers billions in health care expenses.
Preemption in Action
Why Preemption Needs To End
According to a 2025 survey by the OU Health Sciences Center, 74% of Oklahomans support a law making all public spaces smoke free. However, current state law is written to circumvent the interests of public health in order to protect Big Tobacco and its profits.
What Does Preemption Impact?
Preemption prevents local communities from passing ordinances and policies that are stricter than state law. In Oklahoma, local governments are preempted from enacting stringent tobacco control laws in the following categories:
Smoking in workplaces and public places
Preemption prevents communities from enforcing smoke-free laws in bars and hotels — exposing patrons and employees to harmful chemicals.
Tobacco advertising
Preemption prohibits towns and communities from enacting laws against tobacco ads and promotions — meaning minors are regularly exposed.
Youth access to tobacco products
Kids and teens see affordable products and are exposed to secondhand smoke on a regular basis — leading to adverse effects and addiction.
The History of Preemption
The Preemption Push in Oklahoma
In 1986, the City of Edmond came close to passing a local-level smoke-free law to protect its citizens. Big Tobacco caught wind of these and other efforts and stepped in to block local action with legal language written to be passed at the state level. From this point forward, Big Tobacco only had to focus on influencing state-level officials instead of spending money to fight local-level smoke-free laws being considered by individual cities and towns in Oklahoma. Read more about the history of preemption.
Interested in Stopping Tobacco’s Interference?
Preemption policies have prevented communities from protecting their own residents for too long. Here’s how you can make a local difference.