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.
________________
1 MASS. GEN. LAWS ch. 111 § 31.
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. |
| 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. |
| 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).
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 | ||||
| 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. |
| 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. |
| 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. |
| 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. |
| 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).
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).
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).
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. |
| 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.
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).
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).
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. |
| 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. |
| 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.
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).
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