The new year is just 23 days old and there have been 8 states that have taken up legislation to raise the minimum age to purchase tobacco products.
Some are age increases while some also include stiffer penalties for sale to minors. Some exempt active duty military and Vermont even added a clause to grandfather and exempt anyone who is 18 on or before the bill becomes law. Although I have included snippets of the bills below, I also included a link, to the bill text for each state, so you can read it if you so desire.
South Carolina
Rep. Todd Rutherford, D-Richland introduced H.B 3451, which if passed, will set the minimum age to 21 in order to purchase or possess tobacco products. The bill reads as follows:
A BILL TO AMEND SECTION 16-17-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE, PURCHASE, AND DISTRIBUTION OF TOBACCO PRODUCTS AND ALTERNATIVE NICOTINE PRODUCTS, SO AS TO PROHIBIT THE SALE, FURNISHING, OR PROVISION OF CIGARETTES OR ALTERNATIVE NICOTINE PRODUCTS TO A PERSON UNDER TWENTY-ONE YEARS OF AGE, AND TO PROHIBIT A PERSON WHO IS UNDER TWENTY-ONE YEARS OF AGE FROM PURCHASING, POSSESSING, ATTEMPTING TO POSSESS, OR PRESENTING A FALSE OR FRAUDULENT PROOF OF AGE FOR PURPOSES OF PURCHASING OR POSSESSING TOBACCO PRODUCTS OR ALTERNATIVE NICOTINE PRODUCTS; TO AMEND SECTION 16-17-502, RELATING TO THE DISTRIBUTION OF TOBACCO PRODUCT OR ALTERNATIVE NICOTINE PRODUCT SAMPLES, SO AS TO PROHIBIT THE DISTRIBUTION OF TOBACCO PRODUCT OR ALTERNATIVE NICOTINE PRODUCT SAMPLES TO A PERSON UNDER TWENTY-ONE YEARS OF AGE; AND TO AMEND SECTION 16-17-503, RELATING TO ENFORCEMENT OF TOBACCO PRODUCTS AND ALTERNATIVE NICOTINE PRODUCTS PROVISIONS, SO AS TO FURTHER PROVIDE FOR THE ENFORCEMENT OF THESE PROVISIONS AND THE FURNISHING OF RELATED REPORTS.
New York
Recently re-elected NY Governor, Andre Cuomo has pushed to limit the age to purchase tobacco to 21 and a 2019 act AB 558 has been introduced in the state Assembly that declares in part:
Any person operating a place of business wherein tobacco products, herbal cigarettes, liquid nicotine, shisha or electronic cigarettes, are sold or offered for sale is prohibited from selling such products, herbal cigarettes, liquid nicotine, shisha, electronic cigarettes or smoking paraphernalia to individuals under twenty-one years of age, and shall post in a conspicuous place a sign upon which there shall be imprinted the following statement, “SALE OF CIGARETTES, CIGARS, CHEWING TOBACCO, POWDERED TOBACCO, SHISHA OR OTHER TOBACCO PRODUCTS, HERBAL CIGARETTES, LIQUID NICOTINE, ELECTRONIC CIGARETTES, ROLLING PAPERS OR SMOKING PARAPHERNALIA, TO PERSONS UNDER TWENTY-ONE YEARS OF AGE IS PROHIBITED BY LAW.” Such sign shall be printed on a white card in red letters at least one-half inch in height.
Illinois
The state of Illinois attempted to raise the age to purchase and possess tobacco products from 18 to 21 back in 2018. The act known as the “Tobacco 21 Movement” was ultimately vetoed by the state’s Governor and the house was not able to override the veto. Now in 2019 the house has introduced the
S.B. 21.
Amends the Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act. Changes the name of the Act to the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Raises the age for whom tobacco products, electronic cigarettes, and alternative nicotine products may be sold to and possessed by from at least 18 years of age to at least 21 years of age. Defines “electronic cigarette”. Repeals the Smokeless Tobacco Limitation Act. Amends various other Acts to make conforming changes. Effective July 1, 2019.
Michigan
Michigan joined the show this year with H.B. 4039 that has revised both the age and fines for selling to a minor. The age age of a minor is defined as under 21.
A person shall not sell, give, or furnish a tobacco product OR TOBACCO PARAPHERNALIA to a minor. A person who violates this subsection is guilty of RESPONSIBLE FOR a misdemeanor punishable by a STATE CIVIL INFRACTION AND MAY BE ORDERED TO PAY A CIVIL fine of not LESS THAN $1,000.00 OR MORE THAN $2,500.00 FOR THE FIRST VIOLATION, AND NOT LESS THAN $2,500.00 OR more than $50.00 for each violation. $5,000.00 FOR A SECOND OR SUBSEQUENT VIOLATION OCCURRING WITHIN 24 MONTHS AFTER A PREVIOUS VIOLATION OF THIS SUBSECTION.
North Dakota
In a bi-partisan bill, H.B. 1236, North Dakota has proposed raising the age to purchase or possess tobacco product to 19, but if you are an active duty member of the armed forces you can still purchase or possess tobacco if you are over 18. On January 21, the bill failed to pass with a vote of 25 yeas and 63 nays. The bill stated:
It is an infraction for any person to sell or furnish to an individual under nineteen years of age, or procure for an individual under nineteen yearsof age, cigarettes, cigarette papers, cigars, snuff, tobacco in any other form in which it may be utilized for smoking or chewing, electronic smoking devices, or alternative nicotine products, unless the individual is eighteen years of age, is an active duty member of the armed forces, and has a valid military identification card. As used in this subdivision, “sell” includes dispensing from a vending machine under the control of the actor.
Virginia
Three Republicans and a Democrat, in the Virginia Senate, have proposed a bill that would raise the age from 18 to 21 for purchasing or possessing tobacco products. Bill S.B. 1727 would also expand the definition of tobacco products. The bill also allows minors to possess tobacco products if they are making deliveries as part of their employment.
No person shall sell to, distribute to, purchase for, or knowingly permit the purchase by any person less than 21 years of age, knowing or having reason to believe that such person is less than 21 years of age, any tobacco product, nicotine vapor product, or alternative nicotine product.
No person less than 21 years of age shall attempt to purchase, purchase, or possess any tobacco product, nicotine vapor product, or alternative nicotine product. The provisions of this subsection shall not be applicable to the possession of tobacco products, nicotine vapor products, or alternative nicotine products by a person less than 18 years of age making a delivery of tobacco products, nicotine vapor products, or alternative nicotine products in pursuance of his employment.
New Hampshire
Proposed State Senate bill, 545 FN would attempt to once again raise the minimum age to purchase to possess tobacco products from 18 to 21.
The purpose of this chapter is to protect the citizens of New Hampshire from the possibility of addiction, disability, and death resulting from the use of tobacco products by ensuring that tobacco products will not be supplied to persons under the age of 21.
No person shall sell, give, or furnish or cause or allow or procure to be sold, given, or furnished tobacco products, e-cigarettes, or liquid nicotine to a person who has not attained 21 years of age. The prohibition established by this paragraph shall not be deemed to prohibit persons who have not attained 21 years of age employed by any manufacturer, wholesaler, sub-jobber, vending machine operator, sampler, or retailer from performing the necessary handling of tobacco products, e-cigarettes, or liquid nicotine during the duration of their employment.
Vermont
Legislators in Vermont have submitted House Bill H. 27, that would raise the age of purchasing, possessing, or consuming tobacco products from 18 to 21. Unlike other states though, the bill would grandfather those that turn 18 on or before July 1, 2019, the expected date the bill would become law. Have fun with that!
A person shall not sell or provide tobacco products, tobacco substitutes, or tobacco paraphernalia to any person under 21 years of age.
All vending machines selling tobacco products are prohibited.
Persons holding a tobacco license may only display or store tobacco products or tobacco substitutes:
(A) behind a sales counter or in any other area of the establishment
that is inaccessible to the public; or
(B) in a locked container.
This subsection shall not apply to the following:
(A) a display of tobacco products that is located in a commercial establishment in which by law no person under 21 years of age is permitted to enter at any time.
If passed into law, these states will join six others that already established the age of 21 as the minimum age to purchase or possess tobacco products. The current states are:
- California
- Hawaii
- Maine
- Massachusetts
- New Jersey
- Oregon