Can you get in trouble for smoking cigarettes under 18
Highlights and FAQs are below:. Moreover, passage of this law alone is insufficient to address the public health crisis that our kids and their parents face. Other measures, such as tobacco retailer licensing laws, flavor ingredient restrictions, limits on high-dose nicotine salts, and internet sales prohibitions must be adopted.
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Laws aiming to reduce underage access to tobacco include restrictions on both distribution of tobacco products to and purchase of tobacco products by underage individuals. Laws limiting distribution apply both to commercial tobacco sales and to other methods of provision, such as giving tobacco to a minor or buying tobacco on behalf of a minor i. Restrictions on purchase are distinguished from the restrictions on distribution by the fact that they punish the underage buyer.
Purchase laws are commonly accompanied by restrictions on underage tobacco use and possession and are therefore frequently referred to as purchase—use—possession PUP laws. There is vast variation and inconsistency across the United States in youth access laws and how they are implemented and enforced. Despite the profusion and complexity of these laws, there is a common thread, which is that the enforcement of these restrictions has focused primarily on curtailing youth access to tobacco from commercial sources.
Accordingly, that is the focus of this analysis.
This chapter summarizes youth access restrictions in the United States and their enforcement, and it describes survey data regarding where underage users obtain their tobacco products. In Congress enacted the Synar Amendment to reduce the availability of tobacco to underage individuals. This law requires states to enact and enforce laws prohibiting the sale and distribution of tobacco to underage persons or face the loss of federal block grant funding for substance abuse prevention and treatment programs.
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As part of this effort, FDA issued regulations on the advertising and marketing of tobacco products to reduce the appeal of tobacco to children and adolescents and also issued restrictions on retail sales to underage persons to reduce youth access to tobacco. At the same time that it was fighting federal efforts to regulate tobacco, the tobacco industry was also battling legal challenges brought by the attorneys general of individual states.
In Mississippi Attorney General Michael Moore filed a lawsuit against the major tobacco companies to recoup state Medicaid expenditures on residents with tobacco-related diseases IOM, Attorneys general from every state soon followed suit, and on November 23,the attorneys general from 46 states, the District of Columbia, and several U. The agreement also included tobacco sales and marketing provisions aimed at reducing youth access to tobacco.
These provisions included bans on gifts to underage individuals in exchange for proof of purchase of tobacco products, gifts through the mail without proof of the recipient's age, and distribution of free samples except in locations restricted to adults.
The MSA also restricted cigarette pack size to a minimum of 20 cigarettes and prohibited tobacco companies from opposing legislation restricting cigarette pack size through The MSA further prohibited tobacco companies from legally challenging the enforceability or constitutionality of state and local tobacco control laws enacted before June 1,including state and local youth access laws that may have been enacted in compliance with Synar. In President Barack Obama ed the Family Smoking Prevention and Tobacco Control Act hereafter referred to as the Tobacco Control Act into law, granting FDA broad authority to regulate the manufacture, marketing, and sales of tobacco products to protect the public's health and to reduce adolescent tobacco use.
FDA regulations issued under the act currently apply to cigarettes, cigarette tobacco, and smokeless tobacco. They do not yet cover other tobacco and nicotine products, such as electronic nicotine delivery systems ENDSor e-cigarettes; cigars; snus; etc. When the final rule is issued and goes into effect, it will almost certainly extend federal youth access restrictions to these other products. The advertising and marketing regulations issued under the Tobacco Control Act include federal bans complementing the MSA provisions at the state level: banning the sale of cigarette packs containing fewer than 20 cigarettes and prohibiting the distribution of free samples.
The act authorizes FDA to restrict tobacco sales to minors, including requiring face-to-face sales, with exceptions for vending machines and self-service displays in adult-only facilities, and requiring age verification for all over-the-counter sales by checking a driver's or other form of photographic identification of anyone under age The Tobacco Control Act also grants FDA the authority to enforce these restrictions, provides a set of sanctions for violations, and directs FDA to contract with states to assist with retailer compliance checks—random, unannounced inspections of tobacco retailers—to determine whether retailers are illegally selling tobacco to underage individuals.
Limits relevant to youth access include prohibiting FDA from banning face-to-face sales by any specific type of tobacco retailer i. The act does, however, establish a federal MLA of 18 without preempting existing state laws or penalties while allowing states and localities to establish a higher MLA. See Appendix A for a list of select U.
In the past decade, a of localities have also adopted an MLA over These differing MLAs have not been in place long enough, however, for any differential effects on tobacco use to be detected.
In compliance with the Synar Amendment, all 50 states and the District of Columbia 51 jurisdictions total have enacted laws prohibiting the sale or distribution of tobacco products to underage persons. All 51 jurisdictions prohibit commercial transfers, while 48 states and the District of Columbia also prohibit noncommercial transfers e.
At least 18 states explicitly differentiate between commercial and noncommercial tobacco transfers for penalty purposes. Currently, all 51 jurisdictions cover cigarettes and smokeless and roll-your-own tobacco, while 31 jurisdictions prohibit the distribution of ENDS. Appendix B provides full details on the laws regarding commercial and noncommercial tobacco transfers to underage individuals for the 50 states and the District of Columbia.
Currently, the youth access laws of 44 states and the District of Columbia penalize underage individuals for the purchase, use, or possession of tobacco. In the vast majority of states, the offense is punishable as a civil infraction. In addition, in nine states underage users caught in violation of PUP laws may be subject to having their driver's suspended or revoked or to having limits placed on their driving privileges e. Finding Although most states currently set the minimum age of legal access to tobacco products at 18, 4 states set it at 19, and New York City and several other localities around the country have raised the minimum legal access age to Finding All 51 jurisdictions prohibit commercial transfers, while 48 states and the District of Columbia also prohibit noncommercial transfers e.
Finding All 51 jurisdictions cover cigarettes, smokeless tobacco, and roll-your-own tobacco, while 31 jurisdictions currently prohibit the distribution of electronic nicotine delivery systems. Finding The great majority of jurisdictions 47 prohibit underage individuals from purchasing, attempting to purchase, possessing, or using covered tobacco products.
Sanctions typically include a fine or community service. This section summarizes current enforcement policies and practices at the federal, state, and local levels pertaining to youth access restrictions. Because enforcement of these restrictions is largely focused on assuring compliance by d tobacco retailers, the committee's review and analysis is also focused here.
However, this section also summarizes what little is known about the enforcement of MLA restrictions against Internet vendors and black market sellers as well as the noncommercial distribution of tobacco by so-called social sources.
States and localities in the United States did not seriously enforce youth access laws in the early s, when these laws were first being implemented IOM, Evidence from the United States and abroad further suggests that retailers are not likely to comply with MLA laws if there is no meaningful enforcement e. The Synar Amendment requires states to enact and enforce laws prohibiting the sale or distribution of tobacco to persons under age 18 or face the loss of 40 percent of federal Substance Abuse Prevention and Treatment Block Grants.
Prevalence of tobacco use among children and teenagers
SAMHSA, charged with implementing the amendment, issued regulations in to provide further guidance to states. Moreover, because Synar primarily aims to survey the rate of illegal tobacco sales to underage persons, it requires states to demonstrate that their compliance checks include a statistically representative sample of tobacco retail outlets accessible to children and adolescents.
These compliance checks may but are not required to include a state-level enforcement component. Thus, some programs may not have sanctions for violations and may instead use other measures, such as education programs targeted at retailers and mass media campaigns, to ensure high levels of compliance.
Despite the lack of a regulatory requirement, a study of Synar implementation DiFranza and Dussault, found that the Department of Health and Human Services pressured some states to adopt compliance checks as an instrument of enforcement instead of using those checks as a basis for retailer education alone. Furthermore, although federal block grants are conditioned on state enforcement of their youth access laws, states are explicitly prohibited from using the block grant funds to finance Synar compliance checks.
The regulation also requires states to submit an annual report to SAMHSA detailing activities they conducted to reduce illegal sales of tobacco to underage persons including methods used to conduct compliance checksprogress achieved, and plans for enforcing the youth tobacco access law in the next year. The Synar regulation applies to all 50 states, the District of Columbia, and 8 U. It is not applicable to American Indian tribes. FDA's tobacco retail inspection contracts provide funding to state partners to conduct compliance check inspections specifically for enforcement purposes.
What you need to know about smoking
As such, violations may lead to escalating fines, from warning letters to civil monetary penalties to suspension or revocation of retailers' s to sell tobacco. Unlike Synar, FDA only requires inspection of over-the-counter tobacco retailers because the Tobacco Control Act restricts vending machines to adult-only facilities, to which underage persons should not have access. Additionally, since the program is not intended for comprehensive surveillance, FDA contracts neither require a statistically valid survey of tobacco retailers nor set a performance target.
Furthermore, states and territories may use FDA inspection contract funds to support Synar compliance checks so long as compliance check protocols and grant recipients meet the requirements of both programs. Moreover, because FDA contracts are narrowly restricted to enforcement activities, it is likely that states and localities will need to continue to conduct other youth tobacco access prevention activities, such as mass media campaigns and community and retailer education programs, to meet the Synar performance target i.
Virgin Islandsand—unlike Synar—also with American Indian tribes. Under the two federal programs, enforcement activities are required to include compliance check inspections. However, because they are implemented at the state and local levels, enforcement activities and penalties for violations range considerably.
A standard compliance check protocol involves sending supervised underage individuals into tobacco retailers to attempt to purchase tobacco. The underage decoys are typically nonsmokers who have no visible tattoos or piercings and are sent alone or in pairs. The decoys range in age from 13 to 17gender, and race. Most decoys ask to purchase cigarettes, but some are instructed to ask for smokeless or other tobacco products. Some carry and are instructed to present their own genuine photographic identification, while others are instructed not to present identification and to tell clerks that they have forgotten it.
Some decoys carry out purchases, while others refuse the sale once it is verified that vendors were willing to sell to underage users. In some inspections, supervisors are stationed discreetly in the store to observe and record details of the transaction. In others, supervisors wait outside for the decoys to report a list of details about the store and their transactions immediately following each purchase attempt.
U.s. food and drug administration
Each of these variations in compliance check protocol may influence a state's compliance rate. In addition to the variation in the compliance check protocol, there is ificant variation in the frequency of inspections, whether and how often violators are reinspected, how and when violators are prosecuted, which if any agency has authority over enforcement, how much funding is available for enforcement, and the penalties for violations. Thus, although there is general agreement that youth tobacco access laws must be actively enforced to reduce illegal tobacco sales to minors, there remains a profusion of enforcement strategies and little evidence about the relative effectiveness and efficiency of these various activities.
In an effort to identify best practices, a study by DiFranza examined 26 enforcement strategies in the 10 states with the highest retailer compliance rates and the 10 states with the lowest retailer compliance rates that had been reported to Synar.
DiFranza concluded that the strategies essential for achieving high compliance include having a plan to enforce the state's MLA law, deating a single state agency to oversee and coordinate enforcement, conducting ongoing compliance check inspections, allocating state funding for enforcement inspections, prosecuting violators, setting penalties for violations, and practicing effective merchant education.
He also identified a of strategies that were recommended, but not essential, and also listed strategies that were not recommended because they waste resources or hinder enforcement. There were also a of other strategies that could not be rated due to insufficient evidence.
Indeed, despite the multitude of enforcement practices, relatively few of these practices have been evaluated, and there is little evidence about which specific enforcement practices successfully reduce the availability of tobacco to underage individuals. Both the Synar Amendment and FDA's compliance testing program have resulted in considerable strengthening of state and local enforcement practices. Since the s, all states have adopted youth access laws and have seen ificant improvements in retailer compliance.
Inimmediately following the implementation of Synar, the national average rate of illegal tobacco sales to minors reported to Synar was greater than 40 percent, with a high of By all states and the District of Columbia achieved compliance with the Synar requirements, including achieving the target sales rate of 20 percent or less within the 3 percent margin of errorand they have continued to be in compliance since then SAMHSA,