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Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products (2015)

Chapter: Appendix A: State and Local Laws on the Minimum Age of Legal Access to Tobacco Products

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Suggested Citation:"Appendix A: State and Local Laws on the Minimum Age of Legal Access to Tobacco Products." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.
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Appendix A

State and Local Laws on the Minimum Age of Legal Access to Tobacco Products

The 2009 Family Smoking Prevention and Tobacco Control Act established 18 as the minimum age of legal access to tobacco products (MLA) while also allowing states and localities to impose a higher MLA. In the last decade, this has been an active area of tobacco control policy. In Massachusetts, in particular, where state law grants local Boards of Health authority to make “reasonable health regulations,”1 nearly two dozen communities have raised the MLA above age 18, and numerous others are currently considering proposals. A smaller number of jurisdictions outside of Massachusetts, most notably New York City, have also taken similar steps. This appendix provides a set of tables detailing activities at the state and local levels to raise the MLA. These tables provide a selection of the recent activity in this area of the law and aim to provide examples of the type, range, and scale of such activity as of September 2014. As such, this appendix should be considered a list of illustrative examples rather than a comprehensive and exhaustive list of jurisdictions that have raised or are considering raising the MLA. Tables A-1 and A-2 list states and localities that have raised the MLA to 19 and 21, respectively. Tables A-3 and A-4 list select states and localities that are considering proposals to raise their MLA to 19 and 21, respectively. Tables A-5 and A-6 list select states and localities that have considered but not enacted proposals to raise the MLA.

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1 MASS. GEN. LAWS ch. 111 § 31.

Suggested Citation:"Appendix A: State and Local Laws on the Minimum Age of Legal Access to Tobacco Products." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.
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TABLE A-1 Select States and Localities That Have Established a Minimum Age of Legal Access to Tobacco Products of 19

Jurisdiction (state/county/ town) Year Enacted Regulation/ Legislation Status Details of Law
Alabamaa 1997 Legislation Enacted. Defines a “minor” for the purposes of this tobacco law as any individual under 19 years of age.
Alaskab 1988 Legislation Enacted. It is illegal to sell or give tobacco or any product containing nicotine to a minor, defined as someone under 19 years of age.
Massachusetts—Select Towns

Brookline (Parker, 2013)

2013 Special town meeting action to amend town law Approved. Voted to raise the MLA from 18 to 19 years.

Newburyport (Hendrickson, 2013; Quinn, 2014; Wade, 2013)

2014 Town board of health regulation Approved. The board of health initially proposed raising the MLA from 18 to 21 years. Mayor Donna Holaday vowed to fight the measure and litigate if necessary. The board subsequently considered and approved a measure to raise the age to 19.

Sudburyc

2013 Town board of health regulation Approved. The board of health held a public hearing and, at the subsequent board meeting, approved raising the MLA for tobacco products from 18 to 19 years.

Walpoled

2013 Town board of health regulation Approved. Further action to raise the MLA to 21 will be discussed in mid-2015. The board of health approved raising the MLA for tobacco products from 18 to 19 years. The board also discussed phasing in an MLA of 21 years, and will revisit the issue in mid-2015 to consider further action.
Suggested Citation:"Appendix A: State and Local Laws on the Minimum Age of Legal Access to Tobacco Products." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.
×
Jurisdiction (state/county/ town) Year Enacted Regulation/ Legislation Status Details of Law

Watertowne

2012 Town board of health regulation Approved. The board of health adopted a new tobacco regulation that defines a “minor” (relative to tobacco) as someone under 19 years of age.

Westwoodf

2013 Town board of health regulation Approved. The board of health adopted a new tobacco regulation that defines a “minor” (relative to tobacco) as someone under 19 years of age.
New Jerseyg 2006 Legislation Enacted. Amended earlier tobacco laws, raising MLA for purchase and sale of tobacco products from 18 to 19 years.
New York—Select Counties

Nassauh

2006 Legislation Enacted. Local laws amended to add provisions to Nassau Administrative Code to raise the MLA for tobacco products from 18 to 19 years.

Onondagai

2009 Legislation Enacted. Raised the MLA for tobacco products from 18 to 19 years, with the exception of individuals who are 18 years of age and have a valid military ID, who are exempt and may purchase tobacco products.
Suggested Citation:"Appendix A: State and Local Laws on the Minimum Age of Legal Access to Tobacco Products." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.
×
Jurisdiction (state/county/ town) Year Enacted Regulation/ Legislation Status Details of Law

Suffolkj

2005 Legislation Enacted, but amended by 2014 law raising the age to 21. (See table of U.S. Jurisdictions with an MLA of 21 to Purchase Tobacco Products—Enacted.) New law filed, repealing earlier legislation raising minimum purchasing age from 18 to 19 years.
Utahk 1973 Legislation Enacted. New legislation to raise the MLA from 19 to 21 years introduced in 2013. (See table of U.S. Jurisdictions with an MLA of 21 to Purchase Tobacco Products.) Prohibits sales tobacco and tobacco products to individuals under 19 years of age. Prohibits business owners from allowing individuals under age 19 from entering businesses while the underage person is using tobacco. “Smoking paraphernalia” was added in 2010.

a The Code of Alabama 1975 § 13A-12-3, 28-11-9, 28-11-13.

b Alaska Statutes § 11.76.100, 11.76.105-109.

c Sudbury, Massachusetts, Board of Health. Minutes of Meeting of September 10, 2013. Available: https://sudbury.ma.us/boardofhealth/?attachment_id=283 (accessed February 25, 2015).

d Walpole, Massachusetts, Board of Health. Minutes of Meeting of March 12, 2013. Available: http://www.walpole-ma.gov/sites/walpolema/files/minutes/minutes-file/minutes_march_12_2013.pdf (accessed February 25, 2015).

e Watertown, Massachusetts, Board of Health. Minutes of Meeting of August 15, 2012. Available: http://www.ci.watertown.ma.us/Archive/ViewFile/Item/1824 (accessed February 25, 2015).

f Town of Westwood, Massachusetts, Board of Health Regulations. Regulation restricting the sale of tobacco products and nicotine delivery product (February 12, 2013).

g New Jersey State Legislation. P.L. 2005 c. 384; S2783 (January 15, 2006).

h The Nassau County Administrative Code. Title H § 9-25.1–9-25.7. Local Law 5-2006 (April 26, 2006).

i Onondaga County, New York, Local Law No. 2-2009 (January 12, 2009).

j Suffolk County, New York, Local Law No. 5-2005 (January 3, 2005).

k Utah State Legislature. Ban on sale of smoking paraphernalia to minors section 76-10-104.1 (March 29, 2010).

Suggested Citation:"Appendix A: State and Local Laws on the Minimum Age of Legal Access to Tobacco Products." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.
×

TABLE A-2 States and Localities That Have Established a Minimum Age of Legal Access to Tobacco Products of 21

Jurisdiction (state/county/ town) Year Enacted Regulation/ Legislation Status Details of the Law
California—Select City

Healdsburg (Alexander and Williams, 2014; Mason, 2013)

2014 Regulation Passed by city council. Prohibits the sale of cigarettes, chew, and other tobacco products to anyone under age 21 and institutes new annual license to sell tobacco, with revenues earmarked for enforcing tobacco laws.
Hawaii—Select County

Hawaii Countya

2013 Legislation Enacted. In effect June 30, 2014. The bill raised minimum purchasing age from 18 years of age to 21.
Illinois—Select City

Evanston (Blakley, 2014)

2014 Regulation Passed by city council. The new ordinance raises the MLA from 18 to 21. An earlier version of the ordinance proposed making underage possession a crime, but the final ordinance holds only retailers responsible for violations.
Massachusetts—Select Towns

Arlingtonb,c

2013 Town board of health regulation Approved May 2013, in effect July 2013, and subject to a 3-year phase-in, raised to 20 on July 1, 2014. From July 1, 2013, to July 1, 2014, the MLA is 19. From July 1, 2014, to July 1, 2015, the MLA is raised to 20. As of July 1, 2015, the MLA is raised to 21.

Ashlandd

2013 Town board of health regulation Approved. Raised the MLA from 18 to 21. Discussed but did not vote on e-cigarette regulations.
Suggested Citation:"Appendix A: State and Local Laws on the Minimum Age of Legal Access to Tobacco Products." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.
×
Jurisdiction (state/county/ town) Year Enacted Regulation/ Legislation Status Details of the Law

Belmonte (Eisenstadter, 2014)

2012 Town board of health regulation Approved. Amendment of existing regulations of the sale of tobacco to minors to raise the age of a “minor” (relative to tobacco purchasing) from 18 to 19 years of age. The MLA raised to 21 in September 2014, to take effect on January 1, 2015.

Braintree (Aicardi, 2014)

2014 Town board of health regulation Approved. Regulation raises the MLA to 21 products and establishes an MLA of 21 for electronic cigarettes and other “nicotine-delivery” products.

Canton (Donga, 2013; Turner, 2013)

2013 Town board of health regulation Approved. Raises minimum purchasing age from 18 to 21 years. Contains a “sunset” clause, whereby, in 5 years, the MLA will revert to 18 years if there is no major reduction in teen smoking rates. If there is a demonstrable reduction, the MLA of 21 years will automatically renew. With approval from the school superintendent, the board of health will conduct an annual survey of Canton middle and high school students to determine the efficacy of the new regulation.

Dedhamf

2013 Town board of health regulation Approved. Amended existing regulations, raising the MLA from 18 to 21.

Doverg

2013 Town board of health regulation Approved. Amended existing regulations, raising the MLA from 18 to 21.
Suggested Citation:"Appendix A: State and Local Laws on the Minimum Age of Legal Access to Tobacco Products." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.
×
Jurisdiction (state/county/ town) Year Enacted Regulation/ Legislation Status Details of the Law

Foxboroughh

2013 Town board of health regulation Approved. Held a public hearing and adopted regulations restricting the sale of tobacco, including raising the MLA from 18 to 21.

Hudson (Bartlett, 2014b; Malachowski, 2014)

2014 Town board of health regulation. Approved. Raised the MLA from 18 to 21.

Hull (Hanson, 2014)

2014 Town board of health regulation Approved. Raised the MLA from 18 to 21 and bans smoking in town parks, playgrounds, and adjacent parking lots.

Malden (City of Malden, 2014)

2014 Town board of health regulation Approved. Amends board of health rules and regulations, raising the MLA from 18 to 21.

Medwayi (Comeau, 2014)

2013 Nonbinding referendum question. Approved by the board of selectmen for a public vote at the annual town election, May 20, 2014. Board of selectmen voted unanimously in March 2014 to include the proposed raising of the MLA to purchase tobacco products from 18 to 21 as a non-binding referendum question on the May 20 town election ballot, one of three legal options to put the question up for public vote. In 2013 the board of health discussed raising the MLA from 18 to 21 in May, June, and July 2013, but it could not agree whether to make changes to tobacco regulations as a board, wait for quorum, or to go to a public vote.
Suggested Citation:"Appendix A: State and Local Laws on the Minimum Age of Legal Access to Tobacco Products." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.
×
Jurisdiction (state/county/ town) Year Enacted Regulation/ Legislation Status Details of the Law

Melrose (Sacco, 2014)

2014 Town board of health regulation Approved. Prohibits the sale of cigarettes, cigars, electronic “vaping devices,” snuff, and related products to persons under age 21.

Needhamj

2003 Town board of health regulation Approved. In effect April 1, 2003, and subject to a 3-year phase-in. From April 1, 2003, to April 1, 2004, the MLA was raised to 19. From April 1, 2004, to April 1, 2005, the MLA was raised to 20. As of April 1, 2005, the MLA was raised to 21.

Newtonk

2014 Town board of aldermen Passed ordinance. Revised town ordinances to raise the MLA to 21 and also cover all nicotine delivery products (including e-cigarettes).

Norwoodl

2014 Town board of health regulation Approved. The board of health issued new regulations defining “minor” as “any individual who is under the age of twenty-one (21).”

Scituate (Bartlett, 2014a,b)

2014 Town board of health regulation Approved. Raised the MLA from 18 to 21.

Sharonm

2013 Town board of health regulation Approved. Raised the MLA from 18 to 21.

Wakefieldn

2014 Town board of health regulation Approved. Raised the MLA from 18 to 21.

Wayland (Wagner, 2014)

2014 Town board of health regulation Approved. In effect beginning January 1, 2015. Raised the MLA from 18 to 21 and bans electronic smoking devices anywhere smoking is prohibited in workplaces.

Wellesleyo

2014 Town board of health regulation Approved. Raised the MLA from 18 to 21.
Suggested Citation:"Appendix A: State and Local Laws on the Minimum Age of Legal Access to Tobacco Products." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.
×
Jurisdiction (state/county/ town) Year Enacted Regulation/ Legislation Status Details of the Law

Westford (Allen, 2014)

2014 Town board of health regulation Approved. Prohibits the sale of cigarettes and electronic cigarettes to persons under age 21.

Winchester (McLean, 2014)

2014 Town board of health regulation Approved. Raises the MLA and nicotine delivery products (including e-cigarettes) from 18 to 21.
New Jersey—Select Towns

Englewood (Noda, 2014; Perez, 2014)

2014 City board of health resolution Approved. Raises the MLA from 19 to 21 for the purchase of tobacco or tobacco-related products from any vendor in the city.

Sayreville (Loyer, 2014)

2014 Borough council ordinance Approved. Raises the MLA from 19 to 21.
New York— Select Counties

New York Cityp

2013 Legislation Passed by city council and signed into law by mayor. In effect as of May 2014. Local law amends the administrative code of the city of New York (including New York, Bronx, Kings, Queens, and Richmond Counties), raising the MLA from 18 to 21 years of age. Establishes an MLA of 21 for electronic cigarettes.

Suffolk Countyq (Schwartz, 2014)

2014 Legislation Signed into law to go into effect January 1, 2015. Raises the MLA from 19 to 21.

a The Hawaii County Code 1983 (2005). Bill no. 135. Ordinance no. 13 124 (December 13, 2013).

b Town of Arlington, Massachusetts, Department of Health and Human Services; Office of the Board on Health. Regulation restricting the sale of tobacco products and nicotine delivery products (May 15, 2013).

c Arlington, Massachusetts, Board of Health. Minutes of Meeting of May 15, 2013. Available: http://www.arlingtonma.gov/Home/ShowDocument?id=1084 (accessed February 25, 2015).

d Ashland, Massachusetts, Board of Health. Minutes of Meeting of September 10, 2013. Available: http://www.ashlandmass.com/document-center/minutes (accessed February 25, 2015).

Suggested Citation:"Appendix A: State and Local Laws on the Minimum Age of Legal Access to Tobacco Products." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.
×

e Belmont, Massachusetts, Board of Health. Minutes of Meeting of April 30, 2012. Available: http://www.belmont-ma.gov/sites/belmontma/files/minutes/minutes-file/4-30-12.pdf (accessed February 25, 2015).

f Board of Health Regulations, Dedham, Massachusetts, Part IV: Regulation affecting smoking and the sale and distribution of tobacco and nicotine delivery products in Dedham (November 25, 2013).

g Dover, Massachusetts, Board of Health. Minutes of Meeting of May 13, 2013. Available: http://www.doverma.org/wp-content/uploads/2013/02/boh-5-13.pdf (accessed February 25, 2015).

h Foxborough, Massachusetts, Board of Health. Minutes of Meeting of June 24, 2013. Available: http://www.foxboroughma.gov/Pages/FoxboroughMA_HealthMin (accessed February 25, 2015).

i Medway, Massachusetts, Board of Health. Minutes of Meeting of July 22, 2013, and November 20, 2013. Available: http://www.townofmedway.org/Pages/MedwayMA_Bcomm/BOH/Minutes/2013 (accessed February 25, 2015).

j Town of Needham Board of Health Regulations. Section 1.6. Retail sale of tobacco products (updated February 4, 2014).

k City of Newton Board of Alderman. Ordinance No. A-42 (June 16, 2014).

l Norwood, Massachusetts, Board of Health Regulations. Restricting the sale of tobacco products and nicotine delivery products (February 27, 2014).

m Sharon, Massachusetts, Board of Health. Minutes of Meeting of April 8, 2013. Available: http://www.townofsharon.net/node/2013/minutes (accessed February 25, 2015).

n Wakefield, Massachusetts, Board of Health Regulations. Regulation of the Wakefield Board of Health restricting the sale of tobacco and nicotine delivery devices (March 19, 2014).

o Wellesley, Massachusetts, Board of Health. Minutes of Meeting of September 12, 2013. Available: http://www.wellesleyma.gov/Pages/WellesleyMA_HealthMin/2013 (accessed February 25, 2015).

p New York City Administrative Code. Section 17-706a-c, as amended by Local Law 69-2009 (November 19, 2013).

q A local law to raise the legal age for the sale of tobacco products in Suffolk County. Resolution No. 1039-2014. Suffolk County Legislation (January 2, 2014).

Suggested Citation:"Appendix A: State and Local Laws on the Minimum Age of Legal Access to Tobacco Products." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.
×

TABLE A-3 States and Localities Currently Considering Proposals to Raise the Minimum Age of Legal Access to Tobacco Products to 19

Jurisdiction (state/county/ town) Year of Proposal Regulation/ Legislation Status Details of Law
Massachusetts—Select Town

Franklina (Tota, 2014)

2013 Town board of health regulation Proposal discussed and currently open for public comment. The board of health held a public hearing on new proposed tobacco regulations, including raising the MLA from 18 to 19 years.
Missouri—Select City

Columbia (Denney, 2014)

2014 Legislation Under review by the city’s board of health and substance abuse advisory commission. Proposal raises the MLA to 21 and also bans e-cigarette use indoors.
New York—Select County

Westchester (Ganga, 2014)

2014 Legislation Proposed and under consideration by the county board of legislators. New law would raise the MLA for “cigarettes and tobacco-related products” from 18 to 19.

a Town of Franklin, Massachusetts, Code. Chapter 262: Regulation affecting smoking and the sale and distribution of tobacco and nicotine delivery products in the town of Franklin (March 19, 2014).

Suggested Citation:"Appendix A: State and Local Laws on the Minimum Age of Legal Access to Tobacco Products." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.
×

TABLE A-4 States and Localities Currently Considering Proposals to Raise the Minimum Age of Legal Access to Tobacco Products to 21

Jurisdiction (state/county/ town) Year of Proposal Regulation/ Legislation Status Details of the Law
Hawaii—Select City

Honolulu (Sadoy, 2014)

2014 Legislation Bill advanced by the Honolulu city council’s Public Safety and Economic Development Committee. Bill would make it illegal for people under age 21 to purchase tobacco or electronic smoking devices.
Massachusetts—Select Towns

Andover (Lima, 2014b)

2014 Town board of health regulation Board of health expected to vote on proposed regulations on November 17, 2014 (Lima, 2014a). Proposed regulations include raising the MLA to 21 and requiring tobacco retailers to include at least two smoking cessation products on half of a sales display featuring tobacco and nicotine products.

Lawrence (Tennant, 2014)

2014 Town board of health regulation Public hearing scheduled for November 18, 2014. New antismoking regulations include several sales restrictions (e.g., permitting restrictions, minimum pack size and bans on other tobacco products, etc.) as well as raising the MLA to purchase tobacco to age 21.

Saugus (Gaffney, 2014)

2014 Town board of health regulation Public hearing scheduled for November 3, 2014. Proposed amendment to town tobacco regulations includes raising the MLA to purchase tobacco to age 21 and banning flavored tobacco products.
Suggested Citation:"Appendix A: State and Local Laws on the Minimum Age of Legal Access to Tobacco Products." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.
×
Jurisdiction (state/county/ town) Year of Proposal Regulation/ Legislation Status Details of the Law
New Jerseya (Wilson, 2014) 2014 Legislation Passed by State Senate, awaiting House vote in 2014 (Mickle, 2014). Amendment of existing laws, raising the MLA for purchase and sale of tobacco and electronic smoking devices from 19 to 21.
Washington (Rhodan, 2014) 2014 Legislation King County (covers Seattle) Alcoholism and Substance Abuse Administrative Board approved resolution, for consideration by Washington State legislators. Resolution calls for Washington State legislators to change the legal age of tobacco purchase to 21 across the state.

a Raises minimum age for purchase and sale of tobacco products and electronic smoking devices from 19 to 21. New Jersey Senate Bill 602. State of New Jersey 216th Legislature, passed Senate June 30, 2014. Received in the Assembly July 11, 2014; referred to Health and Senior Services Committee; New Jersey Assembly Bill 3254.

Suggested Citation:"Appendix A: State and Local Laws on the Minimum Age of Legal Access to Tobacco Products." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.
×

TABLE A-5 States and Localities That Have Considered But Not Enacted Proposals to Raise the Minimum Age of Legal Access to Tobacco Products to 19

Jurisdiction (state/county/ town) Year of Proposal Regulation/ Legislation Status Details of Law
Illinoisa 2001 Legislation Proposed. Not enacted. Proposed to amend existing law to raise the MLA for tobacco, tobacco products, and other smoking herbs from 18 to 19 years.
Maineb 2003 Legislation Proposed. Not enacted. Proposed to amend existing law to raise the MLA from 18 to 19 years.
Massachusettsc 2005 Legislation Proposed. Not enacted. Proposed to prohibit the sale and possession of tobacco products to persons under 19 years of age.
New Yorkd,e 2005 Legislation Proposed. Not enacted. Proposed raising the MLA from 18 to 19. Proposed to prohibit the sales of tobacco products and herbal cigarettes to any individual under the age of 19.
North Dakotaf,g 2005 Legislation Failed to pass. Proposed to amend the North Dakota Century Code to raise the MLA for sales, purchase, possession, and use of tobacco to 18, and to provide a penalty.

a An act concerning tobacco. HB1034, 92nd Illinois General Assembly Legislation, 2001-2002 regular sess. (2001).

b An act to increase the legal age for the purchase of tobacco products, Title 22, Chapter 262-A § 1555-B, § 1557, § 1558, and § 1559, Maine Revised Statutes 121st Legislature, 1st reg. sess.

c HB 1824, Part IV, Title I, Chapter 270, § 6, Commonwealth of Massachusetts, presented by Rep Jones (2005).

d Regulation of Tobacco Products and Herbal Cigarettes; Distribution to minors (also known as “Adolescent Tobacco Use Prevention Act”), Article 13-F, § 1399-aa–§ 1399-ee, New York State Public Health Laws.

e An act to amend the public health law and the penal law, in relation to increasing the purchasing age for tobacco products from eighteen to nineteen. Bill No. A5883-A, New York State Public Health Laws, reg. sess. (March 2, 2005).

Suggested Citation:"Appendix A: State and Local Laws on the Minimum Age of Legal Access to Tobacco Products." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.
×

f Miscellaneous Offenses, Title 12.1-31-03, Criminal Code, North Dakota Century Code, North Dakota Legislative Branch.

g A bill for an Act to amend and reenact section 12.1-31-03 of the North Dakota Century Code, relating to the sale of tobacco to individuals under the age of nineteen and the use of tobacco by minors; to provide a penalty; and to provide for application. HB 1183, 59th Legislative Assembly of North Dakota, introduced by Rep. DeKrey (January 7, 2005, date of last action on bill).

Suggested Citation:"Appendix A: State and Local Laws on the Minimum Age of Legal Access to Tobacco Products." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.
×

TABLE A-6 States and Localities That Have Considered But Not Enacted Proposals to Raise the Minimum Age of Legal Access to Tobacco Products to 21

Jurisdiction (state/county/ town) Year of Law Regulation/ Legislation Status of Law Details of the Law
Californiaa 2003 Legislation Proposed. Not enacted. Proposed to amend existing Code to raise the MLA from 18 to 21.
Coloradob (Lee, 2014) 2014 Legislation House Finance Committee voted 7 to 6 to reject the bill, March 19, 2014. Amends existing law to raise the MLA from 18 to 21 for sales and other forms of distribution. Would grandfather in persons born on or before June 30, 1996 (currently 18).
Connecticutc,d,e 2003 Legislation Proposed. Not enacted. Proposed that the general statutes be amended to raise the legal age for use of tobacco products to 21.
District of Columbiaf 2013 Legislation Introduced. Failed to make it out of committee. The bill would raise prohibition of sales of tobacco products to minors by redefining minors from age 18 to 21. Prohibits licenses to operate vending machines selling tobacco products for establishments that admit individuals under age 21.
Marylandg 2014 Legislation Introduced. Unfavorable report by judiciary committee. The bill raises prohibition of sales of tobacco products to minors and restricting minors from purchasing or possessing tobacco by redefining minors from age 18 to 21.
Suggested Citation:"Appendix A: State and Local Laws on the Minimum Age of Legal Access to Tobacco Products." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.
×
Jurisdiction (state/county/ town) Year of Law Regulation/ Legislation Status of Law Details of the Law
Massachusetts—Select Towns        

Cohasset (Dale, 2014a,b)

2014 Town board of health regulation Proposed. Not enacted. Board approved a ban on selling tobacco products at pharmacies and restricting the sale of e-cigarettes, but kept the MLA at 18. The proposal would have raised the MLA from the state minimum of 18 to 21.

Hopkinton (Krantz, 2013)

2013 Town board of health regulation Rejected. The board of health discussed holding a town meeting for public vote. Proposal would amend regulations to raise the MLA from 18 to 21.
New York Stateh,i 2005 Legislation Proposed. Not enacted. Proposed raising the MLA from 18 to 19 to 20 to 21 over time.

Amherst (Habuda, 2014; Rey, 2014)

2014 Legislation Proposed. Not enacted. City council dropped provision to raise the MLA from 18 to 21 in final approved resolution to prevent and reduce underage smoking.

Nassau (Brodsky, 2014)

2014 Legislation Introduced into Nassau County legislature, and blocked from a vote by Republican county legislators. Proposed raising the MLA from 19 to 21, in line with neighboring Suffolk County and New York City.
Oregonj 2013 Legislation Introduced. Failed to make it out of committee. Proposed new laws and amendments to make it a crime to distribute, sell, or cause to be sold tobacco in any form to an individual under the age of 21.
Suggested Citation:"Appendix A: State and Local Laws on the Minimum Age of Legal Access to Tobacco Products." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.
×
Jurisdiction (state/county/ town) Year of Law Regulation/ Legislation Status of Law Details of the Law
South Carolinak,l,m 2003 Legislation Introduced. Failed to make it out of committee. Proposed amending the Code of Laws of South Carolina raising the MLA from 18 to 21.
Texasn 2013 Legislation Proposed. Not enacted. Similar bill also introduced in 2003. Proposed raising the MLA from 18 to 21.
Utaho 2014 Legislation State senate voted against the measure on March 3, 2014. Proposes raising the MLA from 19 to 21. Prohibits sales of tobacco and tobacco products to individuals under 21 years of age. Prohibits business owners from allowing individuals under age 21 from entering businesses while the underage person is using tobacco.
Vermontp 2005 Legislation Introduced. Failed to make it out of committee. Proposed raising the MLA from 18 to 21.

a An act to amend Sections 17537.3, 22952, 22956, 22958, and 22963 of, and to add Section 22964 to, the Business and Professions Code, and to amend Section 308 of the Penal Code, relating to tobacco, SB1821, California General Assembly, 2003-04 reg. sess., introduced by Sen. Dunn (February 20, 2004).

b A bill for an act concerning the prohibition of tobacco transactions for persons under twenty-one years of age, HB14-1263, 69th General Assembly, State of Colorado, 2nd reg. sess. (March 19, 2014).

c General Statutes of Connecticut. Vol. 4, Title 12: Taxation, Chapter 214 § 12-295 (a, b, c, d & e), Vol. 13, Title 53: Crimes, Chapter 946 § 53-344 (revised to January 13, 2013).

d An Act Raising the Legal Age for Use of Tobacco Products. Proposed SB 769, LCO No. 2394, Connecticut General Assembly, January sess. (January 27, 2003).

e An Act Prohibiting the Possession of Tobacco by Minors. Proposed HB 5035, LCO No. 2850, Connecticut General Assembly, January sess. (February 6, 2003).

f Prohibition Against Selling Tobacco Products to Individuals Under 21 Amendment Act of 2013. B20-0567, 20th Council of the District of Columbia, 23rd sess. (November 5, 2013).

g An Act Concerning Criminal Law—Tobacco Products—Minimum Age. HB 278, Maryland General Assembly, Department of Legislative Services, Regular sess. (February 17, 2014).

h New York State Regulation of Tobacco Products, Herbal Cigarettes and Smoking Paraphernalia; Distribution to Minors. Article 13-F, § 1399-aa–§ 1399-ee. 2012.

Suggested Citation:"Appendix A: State and Local Laws on the Minimum Age of Legal Access to Tobacco Products." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.
×

i Raises the minimum age for the sale of tobacco and tobacco products from 18 years of age to 19 years of age to 20 years of age to 21 years of age over time. Bill no. S05301, New York State Assembly (2005).

j A bill for an act relating to tobacco; creating new provisions; and amending ORS 163.575, 165.800, 165.813, 167.400, 167.401, 167.402, 167.404, 167.407, 323.718, 339.883, 431.840, 431.853, 433.835 and 807.500. HB 2974, 75th Oregon Legislative Assembly, 2009 regular sess. (June 29, 2009).

k South Carolina Code of Laws, Title 16 Crimes and Offenses, Chapter 17 Offenses Against Public Policy § 16-17-500-504 (eff. June 7, 2013).

l HB A35, R67, H3538, 120th sess., South Carolina General Assembly (signed June 7, 2013).

m HB 3084, general bill, South Carolina General Assembly, 115th sess., sponsored by Rep. Talley and others (2003–2004).

n A bill to be entitled an Act relating to the distribution, possession, purchase, consumption, and receipt of tobacco products; providing penalties. SB No. 313, 83rd Texas State Senate, 83rd sess. (2013).

o Ban on Smoking Paraphernalia to Minors. HB 206, Section 1 § 76-10-104.1, 56th Utah House of Representatives, 2010 general sess. (2010).

p An Act Relating to Increasing the Legal Smoking Age. H.0105, General Assembly of the State of Vermont, 2005–2006 legislative sess. (2005).

Suggested Citation:"Appendix A: State and Local Laws on the Minimum Age of Legal Access to Tobacco Products." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.
×

REFERENCES

Aicardi, R. 2014. Braintree tobacco purchase age increasing to 18. The Braintree Forum (June 25, 2014). http://braintree.wickedlocal.com/article/20140625/News/140627895 (accessed January 13, 2015).

Alexander, K., and K. Williams. 2014. No tobacco purchases until age 21? Healdsburg passes ban. SFGate (October 22, 2014). http://www.sfgate.com/bayarea/article/In-a-firstHealdsburg-bans-under-21-tobacco-sales-5837820.php (accessed January 13, 2015).

Allen, S. 2014. Westford board votes to ban cigarette sales to those younger than 21. Lowell Sun (April 15, 2014). http://www.lowellsun.com/local/ci_25569105/westford-board-votes-ban-cigarette-sales-those-younger (accessed January 13, 2015).

Bartlett, J. 2014a. Scituate increases tobacco-purchasing age to 21. Boston.com (February 25, 2014). http://www.boston.com/yourtown/news/scituate/2014/02/scituate_increases_tobacco_purchasing_age_to_21.html (accessed January 13, 2015).

———. 2014b. Two more towns hike cigarette age. The Boston Globe (March 2, 2014). http://www.bostonglobe.com/metro/regionals/south/2014/03/02/scituate-and-hudson-raisetobacco-buying-age/nwLUD2x0rv7w1Tp2Iic7PJ/story.html (accessed January 13, 2015).

Blakley, D. 2014. Evanston becomes first Illinois city to raise cigarette-buying age to 21. CBS Chicago-Local. http://chicago.cbslocal.com/2014/11/07/evanston-becomes-first-illinois-city-to-raise-cigarette-buying-age-to-21 (accessed February 24, 2015).

Brodsky, R. 2014. Nassau GOP to block vote on bill raising age limit to buy tobacco products. Newsday (March 30, 2014). http://www.newsday.com/long-island/nassau/nassau-gop-toblock-vote-on-bill-raising-age-limit-to-buy-tobacco-products-1.7551518 (accessed January 14, 2015).

City of Malden. 2014. City of Malden board of health raises minimum age to buy cigarettes to age 21. http://www.cityofmalden.org/content/city-malden-board-health-raises-minimum-age-buy-cigarettes-age-21 (accessed February 24, 2015).

Comeau, Z. 2014. Medway selectmen approve tobacco age ballot question, talk regionalization. Milford Daily News (March 18, 2014). http://www.milforddailynews.com/article/20140318/News/140316629 (accessed January 13, 2015).

Dale, E. 2014a. Cohasset health board keeps age for tobacco purchase at 18. The Cohasset Mariner (June 12, 2014). http://cohasset.wickedlocal.com/article/20140612/NEWS/140618682/0/SEARCH (accessed January 14, 2015).

———. 2014b. Should tobacco age be 21? Patriot Ledger (March 14, 2014). http://www.patriotledger.com/article/20140314/News/140317981 (accessed January 14, 2015).

Denney, A. 2014. Chadwick proposes increasing legal age to buy tobacco products. Columbia Daily Tribune (September 16, 2014). http://www.columbiatribune.com/news/local/chadwick-proposes-increasing-legal-age-to-buy-tobacco-products/article_e77b76c4-8c575eef-ab9d-f2d531dcba0f.html (accessed January 14, 2015).

Donga, E. 2013. Canton raises age to buy tobacco products, doesn’t ban e-cigarettes. The Patriot Ledger (August 13, 2014). http://www.patriotledger.com/news/x273448480/ Canton-raises-legal-age-to-buy-cigarettes (accessed January 13, 2015).

Eisenstadter, D. 2014. Belmont raises age for purchasing tobacco to 21. The Belmont Citizen-Herald. http://belmont.wickedlocal.com/article/20140918/News/140916159 (accessed February 4, 2015).

Gaffney, M. 2014. Board considers raising tobacco purchase age to 21 in Saugus. The Saugus Advertiser (October 16, 2014). http://saugus.wickedlocal.com/article/20141016/News/141018204 (accessed January 14, 2015).

Ganga, E. 2014. Westchester legislators tout bill to increase age to buy tobacco. LoHud (April 2, 2014). http://polhudson.lohudblogs.com/2014/04/02/westchester-legislators-tout-bill-increase-age-buy-tobacco (accessed January 14, 2015).

Suggested Citation:"Appendix A: State and Local Laws on the Minimum Age of Legal Access to Tobacco Products." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.
×

Habuda, J. 2014. Amherst OKs measure to limit youth smoking. The Buffalo News (August 4, 2014). http://www.buffalonews.com/city-region/amherst/amherst-oks-measure-to-limit-youth-smoking-20140804 (accessed January 14, 2015).

Hanson, F. 2014. Hull raising age to buy tobacco products to 21. The Patriot Ledger (October 10, 2014). http://www.patriotledger.com/article/20141001/News/141009750 (accessed January 13, 2015).

Hendrickson, D. 2013. Newburyport lightens up on new tobacco regs. Newburyport News (December 21, 2013). http://www.newburyportnews.com/news/local_news/newburyportlightens-up-on-new-tobacco-regs/article_f63ce3ec-93f6-5a8a-b3d4-166ada84e8e3.html (accessed January 13, 2015).

Krantz, L. 2013. Hopkinton board rejects tobacco age increase. MetroWest Daily (December 7, 2013). http://www.metrowestdailynews.com/x1275649067/Hopkinton-board-rejects-tobacco-age-increase (accessed January 14, 2015).

Lee, K. 2014. Raising age to 21 for purchase of cigarettes in Colorado rejected. Denver Post (March 19, 2014). http://www.denverpost.com/news/ci_25377056/raising-age-21-purchase-cigarettes-colorado-tough-climb#axzz2wRfaI6yy (accessed January 14, 2015).

Lima, T. 2014a. Retailers challenge tobacco changes. Eagle-Tribune (October 21, 2014). http://www.eagletribune.com/news/retailers-challenge-tobacco-changes/article_52fd512c5038-591a-8002-b15975f7e3cf.html (accessed January 14, 2015).

———. 2014b. Retailers challenge tobacco changes; argue higher age will hurt business, spark bootlegging. The Andover Townsman Online (October 23, 2014). http://www.andovertownsman.com/news/local_news/retailers-challenge-tobacco-changes-argue-higher-age-will-hurt-business/article_05b7e327-9743-578b-a26e-47faa7a68e6e.html (accessed January 14, 2015).

Loyer, S. 2014. Sayreville bans the sale of tobacco to anyone under 21. http://www.mycentraljersey.com/story/news/local/middlesex-county/2014/09/12/sayrevillesmoking-ban-teens/15535341/;%20http:/halfwheel.com/sayreville-n-j-raises-tobacco-purchase-age-21/69995 (accessed January 13, 2015).

Malachowski, J. 2014. Hudson raises age to buy cigarettes to 21. MetroWest Daily News (February 25, 2014). http://www.metrowestdailynews.com/article/20140226/News/140227597 (accessed January 13, 2015).

Mason, C. 2013. Healdsburg: Ban tobacco sales to those under 21. The Press Democrat (December 5, 2013). http://www.pressdemocrat.com/article/20131205/articles/131209729#page=0 (accessed January 13, 2015).

McLean, D. 2014. Winchester BoH raises tobacco sales age to 21. Winchester Star (March 19, 2014). http://winchester.wickedlocal.com/article/20140319/News/140315825 (accessed January 13, 2015).

Mickle, T. 2014. More cities raise tobacco age to 21. The Wall Street Journal (October 28, 2014). http://www.wsj.com/articles/more-cities-raise-tobacco-age-to-21-1414526579 (accessed January 14, 2015).

Noda, S. 2014. Englewood raises age limit to 21 to buy tobacco products. Northern Valley Suburbanite (August 7, 2014). http://www.northjersey.com/news/city-raises-age-limit-forcigarettes-1.1063714 (accessed January 13, 2015).

Parker, B. 2013. Law raising age to buy cigarettes to 19 takes effect in Brookline. Boston Globe (June 3, 2013). http://www.boston.com/yourtown/news/brookline/2013/06/law_raising_age_to_buy_cigaret.html (accessed January 13, 2015).

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Suggested Citation:"Appendix A: State and Local Laws on the Minimum Age of Legal Access to Tobacco Products." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.
×

Quinn, C. 2014. Newburyport latest Massachusetts community to raise tobacco-buying age. Mass Live (April 3, 2013). http://www.masslive.com/news/boston/index.ssf/2014/04/newburyport_latest_massachuset.html (accessed January 13, 2015).

Rey, J. 2014. Amherst to take up stricter tobacco laws. The Buffalo News (August 1, 2014). http://www.buffalonews.com/city-region/amherst/amherst-to-take-up-stricter-tobacco-laws-20140801 (accessed January 14, 2015).

Rhodan, M. 2014. New push to raise tobacco age in Washington state. Time. http://time.com/74400/tobacco-age-21-washington-state-proposal (accessed February 23, 2015).

Sacco, J. 2014. Melrose raises purchasing age to 21 for tobacco, nicotine products. Melrose Free Press (April 24, 2014). http://melrose.wickedlocal.com/article/20140424/NEWS/140428078/12448/LIFESTYLE (accessed January 13, 2015).

Sadoy, A. 2014. Should the legal age to buy tobacco products on O’ahu be raised to 21. Ka Leo (September 23, 2014). http://www.kaleo.org/opinion/do-you-think-it-s-fair-that-the-legal-age/article_5e86778e-435a-11e4-9f0f-0017a43b2370.html (accessed January 14, 2015).

Schwartz, D. 2014. Suffolk bill raising age to purchase tobacco to 21 becomes law. Newsday (April 14, 2014). http://www.newsday.com/long-island/suffolk/suffolk-bill-raising-age-to-purchase-tobacco-to-21-becomes-law-1.7703911 (accessed January 13, 2015).

Tennant, P. 2014. Beginning March 1, tobacco buyers must be 21 in Lawrence. The Eagle-Tribune (December 17, 2014). http://www.eagletribune.com/news/beginning-march-tobacco-buyers-must-be-in-lawrence/article_203d53e7-cf32-5c17-a175-6f019781e8cd. html (accessed February 23, 2015).

Tota, M. 2014. Tobacco purchase age still 18. Milford Daily News (January 8, 2014). http://www.milforddailynews.com/article/20140107/NEWS/140109804/0/SEARCH (accessed January 14, 2015).

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Wade, C. M. 2013. Proposal on teen smoking decried. Boston Globe (December 1, 2013). http://www.bostonglobe.com/metro/regionals/north/2013/12/01/board-plan-increase-tobacco-buying-age-newburyport-riles-store-owners-mayor/9IcbV2ra3L5nCi06jILJJK/ story.html (accessed January 13, 2015).

Wagner, S. L. 2014. Raising legal age in Wayland for tobacco sales. Wayland Town Crier (October 1, 2014). http://wayland.wickedlocal.com/article/20141001/News/141009775 (accessed January 13, 2015).

Wilson, R. 2014. New Jersey smoking age could be raised to 21. The Washington Post (July 1, 2014). http://www.washingtonpost.com/blogs/govbeat/wp/2014/07/01/new-jersey-smoking-age-could-be-raised-to-21 (accessed February 23, 2015).

Suggested Citation:"Appendix A: State and Local Laws on the Minimum Age of Legal Access to Tobacco Products." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.
×
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×
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Suggested Citation:"Appendix A: State and Local Laws on the Minimum Age of Legal Access to Tobacco Products." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.
×
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Suggested Citation:"Appendix A: State and Local Laws on the Minimum Age of Legal Access to Tobacco Products." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.
×
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Suggested Citation:"Appendix A: State and Local Laws on the Minimum Age of Legal Access to Tobacco Products." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.
×
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Suggested Citation:"Appendix A: State and Local Laws on the Minimum Age of Legal Access to Tobacco Products." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.
×
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Suggested Citation:"Appendix A: State and Local Laws on the Minimum Age of Legal Access to Tobacco Products." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.
×
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Suggested Citation:"Appendix A: State and Local Laws on the Minimum Age of Legal Access to Tobacco Products." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.
×
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×
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×
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×
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×
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×
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Tobacco use by adolescents and young adults poses serious concerns. Nearly all adults who have ever smoked daily first tried a cigarette before 26 years of age. Current cigarette use among adults is highest among persons aged 21 to 25 years. The parts of the brain most responsible for cognitive and psychosocial maturity continue to develop and change through young adulthood, and adolescent brains are uniquely vulnerable to the effects of nicotine.

At the request of the U.S. Food and Drug Administration, Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products considers the likely public health impact of raising the minimum age for purchasing tobacco products. The report reviews the existing literature on tobacco use patterns, developmental biology and psychology, health effects of tobacco use, and the current landscape regarding youth access laws, including minimum age laws and their enforcement. Based on this literature, the report makes conclusions about the likely effect of raising the minimum age to 19, 21, and 25 years on tobacco use initiation. The report also quantifies the accompanying public health outcomes based on findings from two tobacco use simulation models. According to the report, raising the minimum age of legal access to tobacco products, particularly to ages 21 and 25, will lead to substantial reductions in tobacco use, improve the health of Americans across the lifespan, and save lives. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products will be a valuable reference for federal policy makers and state and local health departments and legislators.

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