Tobacco

The Continuing Legislative Debate Over Raising the Legal Age

17 states have proposed laws to increase the age to purchase tobacco products

MINNEAPOLIS -- Last week, the Massachusetts Senate voted to pass a bill that would raise the statewide legal age to purchase tobacco products from 18 to 21. While the bill has to be considered by the Massachusetts House, there is an ongoing trend by state legislatures considering bills to increase the age at which adults are allowed to purchase legal tobacco products.

This year, 17 state legislatures have considered or are debating legislative proposals to raise the legal age to buy tobacco products. The majority of these bills would increase the age to 21, but several would raise the age to 19. For some time, Alabama, Alaska, New Jersey and Utah have had state laws setting the legal age at 19.

Below is a list of the states with legal age legislation and the status of each bill:

California: Age 21 bill passed the legislature and is awaiting action by Gov. Brown.

Connecticut: Age 21 bill introduced; one legislative hearing has been held.

Illinois: Age 21 bill being considered by state senate. 

Iowa: Two age 19 bills, with one introduced in 2015 that has been carried over to the 2016 legislative session, and a new bill that remains assigned to the Senate Committee on Human Resources.

Kentucky: Age 21 bill introduced in the House; it remains in the House Appropriations and Revenue Committee.

Maryland: Age 21 bill died due to adjournment of the legislature.

Massachusetts: Age 21 bill passed the Senate and is waiting to be acted upon by the House.

Mississippi: Two House bills raising the legal age to 21 have died in committee.

New Jersey: One age 21 bill passed by the legislature was pocket vetoed in January by Gov. Christie, and two other bills introduced this year are being considered.

New York: Four different age 21 bills have been introduced and referred to Senate and Assembly committees.

Oklahoma: Two House bills to raise the legal age to 21 have been introduced and referred to committees.

Rhode Island: Three age 21 bills in the House and Senate are pending in committees.

Tennessee: Two age 21 bills died in committee this year.

Utah: A bill to raise the legal age from 19 to 21 failed in the House Revenue and Taxation Committee.

Vermont: An age 21 bill that exempts active military personnel has passed the House and been referred to the Senate.

Washington: One age 19 bill and two age 21 bills failed due to adjournment of the legislature.

West Virginia: Two age 21 bills have been introduced and referred to Senate and House committees.

NATO and its retail members have been responding to these minimum-age bills and educating lawmakers that their respective state will lose millions of dollars in cigarette excise taxes, tobacco product excise taxes and sales taxes because for most of the bills, young adults ages 18, 19 and 20 will no longer be allowed to purchase tobacco products. NATO also informs lawmakers that personal rights of legal-aged adults should not be taken away, including the right to buy legal products.  

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