Wash. Rev. Code » Title 43 · Chapter 43.06
Revised Code of Washington

Wash. Rev. Code § 43.06.460 (2026)

✓ current as of May 2026
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(1) The governor is authorized to enter into cigarette tax contracts with the Squaxin Island Tribe, the Nisqually Tribe, Tulalip Tribes, the Muckleshoot Indian Tribe, the Quinault Nation, the Jamestown S'Klallam Indian Tribe, the Port Gamble S'Klallam Tribe, the Stillaguamish Tribe, the Sauk-Suiattle Tribe, the Skokomish Indian Tribe, the Yakama Nation, the Suquamish Tribe, the Nooksack Indian Tribe, the Lummi Nation, the Chehalis Confederated Tribes, the Upper Skagit Tribe, the Snoqualmie Tribe, the Swinomish Tribe, the Samish Indian Nation, the Quileute Tribe, the Kalispel Tribe, the Confederated Tribes of the Colville Reservation, the Cowlitz Indian Tribe, the Lower Elwha Klallam Tribe, the Makah Tribe, the Hoh Tribe, the Spokane Tribe, and the Shoalwater Bay Tribe. Each contract adopted under this section shall provide that the tribal cigarette tax rate be one hundred percent of the state cigarette and state and local sales and use taxes within three years of enacting the tribal tax and shall be set no lower than eighty percent of the state cigarette and state and local sales and use taxes during the three-year phase-in period. The three-year phase-in period shall be shortened by three months each quarter the number of cartons of nontribal manufactured cigarettes is at least ten percent or more than the quarterly average number of cartons of nontribal manufactured cigarettes from the six-month period preceding the imposition of the tribal tax under the contract. Sales at a retailer operation not in existence as of the date a tribal tax under this section is imposed are subject to the full rate of the tribal tax under the contract. The tribal cigarette tax is in lieu of the state cigarette and state and local sales and use taxes, as provided in RCW 43.06.455(3).
(2) A cigarette tax contract under this section is subject to RCW 43.06.455.
[ 2008 c 241 s 1; 2007 c 320 s 1; 2005 c 208 s 1; 2003 c 236 s 1; 2002 c 87 s 1; 2001 2nd sp.s. c 21 s 1; 2001 c 235 s 3.]

Notes:

Effective date—2007 c 320: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2007." [ 2007 c 320 s 2.]
Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 2006–2023 · leading case: Nisqually Indian Tribe v. Gregoire, 623 F.3d 923 (9th Cir. 2010).
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Nisqually Indian Tribe v. Gregoire, 623 F.3d 923 (9th Cir. 2010). “The law does not mention Nisqually — except when recognizing it as a tribe that may contract with the state, Wash. Rev. Code § 43.06.460 — nor does it create a protection by right for any group.”
United States v. Funds From First Reg'l Bank Account XXXXX1859 Held in the Name of R K Co., 639 F. Supp. 2d 1203 (W.D. Wash. 2009). “§ 43.06.460. Tax revenue retained by a tribe must be used for certain statutorily defined “essential government services.”
Nisqually Indian Tribe v. Gregoire, 649 F. Supp. 2d 1203 (W.D. Wash. 2009). “§ 43.06.460. It is also undisputed that the Squaxin-owned entity operating the Smoke Shop at Frank’s Landing is an “Indian retailer” as defined by RCW § 43.”
Matheson v. State Liquor Control Bd., 130 P.3d 897 (Wash. Ct. App. 2006). “If so, the Indian tribes must purchase cigarettes from certain sources, including Washington licensed wholesalers and out-of-state wholesalers who certify to the State that they agree to comply with the terms of the contract.”
State Of Washington V. Am. Tobacco Co. (Wash. Ct. App. 2023). · cites it 2× “RCW 43.06.460. These cigarettes bear tribal excise tax stamps rather than excise tax stamps of the State.”
State Of Washington V. Am. Tobacco Co. (Wash. Ct. App. 2023). “RCW 43.06.460. These cigarettes do not bear excise tax stamps of the State, but do bear tribal excise tax stamps.”
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