What You Should Know About California’s New 21+ Tobacco Law
Posted in Drug FAQ'S,General FAQ'S on June 12, 2016
On May 5, 2016, Gov. Jerry Brown signed several bills that affect tobacco and smoking laws in the state. The law went into effect on June 9 and makes California the second state in the country to raise the age for purchasing tobacco products to 21. Hawaii is the only other state that currently enforces a higher age requirement for tobacco purchases.
The bill, Senate Bill No. 151, acts as an amendment to existing laws. Under the current laws, both sellers and purchasers must adhere to legislation regarding age restrictions. Those who serve in the military are exempt from the changes and may continue to purchase tobacco products if they are at least 18 years old and can provide military identification.
What the Law Means for Users Under 21
While many people see the legislation as a promising way to curb nicotine addiction among young adults and decrease the number of premature deaths related to smoking, many current residents under 21 already use tobacco. For these individuals, understanding the limits of the law may help.
Users themselves will not face any consequences for continuing to possess or use tobacco. They must comply with all relevant laws about smoking in public spaces, but smoking tobacco products while underage is not illegal.
This legislation primarily affects retailers who carry tobacco products. They are no longer allowed to market to, provide, or sell tobacco products to anyone who appears underage (under 21) without a valid form of identification. Retail establishments must post information regarding the new requirements, including a sign to encourage people to call a toll free number and report illegal activities. Under the law, retail establishments include online stores and mailing companies. A retailer of any kind must verify the age of a purchaser before mailing a promotion, sample, or purchase delivery.
The definition of “tobacco products” extends beyond cigarettes to include products such as:
- Tobacco leaves
- Cigarette rolling papers
- Blunt wraps
- Smoking paraphernalia, including pipes
- Products containing tobacco or other controlled substances
- E-cigarettes and other tobacco related vaping products
- The law does not change any marijuana laws in the state. The legal age for using medical marijuana is still 18.
Other New Tobacco Laws That May Affect All Smokers
- Regardless of age, smokers must also adhere to additional laws passed on May 5th:
- All vaping products are classified as tobacco products and treated as such. As a result, smoking e-cigarettes is no longer permitted in any public place that bans traditional smoking.
- The ban on workplace smoking now encompasses a wider range of public areas, including warehouses, covered parking lots, and bars.
- More establishments now fall under the scope of tobacco-free campus laws.
- Retailers, distributors, and wholesalers must now pay an increased fee to distribute tobacco products.
Adjusting to the New Laws
Regardless of your stance on tobacco, these changes represent enforceable legislation. Trying to purchase tobacco products as an underage smoker could get your neighborhood retailer in trouble—even if a patron has purchased tobacco products regularly since turning 18.
Proponents of the legislation are hoping the move will curtail the rates of nicotine addiction in young adults and encourage similar changes in other states. Dissidents believe that the laws represent a slippery slope that threatens adult freedoms. Those who oppose the laws may have an opportunity to file a petition to overturn the rulings before August 2nd, but the changes are likely to remain permanent. For now, California is only curtailing commercial activities and use in public places—not possession or use of the product in underage users.
For more information about the new tobacco laws and how they affect you or a retail establishment, reach out to the Law Offices of Graham Donath, APC.
