Bill would bring state in compliance with federal law on minimum tobacco sales age
Feb. 11—A bill that would follow federal law and raise the age to buy tobacco products to 21 in West Virginia is making its way through the Senate but may face some obstacles among legislators as it has in the past.
Senate Bill 266 would not only officially raise the age to 21 but also further eliminate tobacco use in schools, prohibit the use of lit tobacco products in a motor vehicle while individuals 16 years of age or under are present and designate prohibited areas of regulation of tobacco, tobacco-derived products, and alternative nicotine products for political subdivisions.
The bill is now in the Senate Finance Committee after being sent from the Health and Human Resources Committee.
Currently, under federal law, cigarettes or tobacco products, including e-cigarettes, cannot be purchased in the state if under the age of 21. However, West Virginia is one of only nine states that still has laws on the books that set the age at 18 years old.
If passed, all tobacco-derived or nicotine alternative products, including all vaping products, would require the buyer to be at least 21 years old and state penalties could be enforced.
Most retailers in the state already follow the federal law.
On Dec.20, 2019, former President Donald Trump signed legislation to amend the Federal Food, Drug, and Cosmetic Act, and raise the federal minimum age of sale of tobacco products from 18 to 21 years, effective immediately.
Most states had either already passed the minimum 21 law, or have since. Virginia changed its law to conform with federal law in 2019.
Other states with no law to increase the age to 21 include North Carolina, South Carolina, Missouri, Kansas, Montana, Arizona, Alaska and Wisconsin.
If SB 266 passes, misdemeanor penalties would be included for anyone selling the products to a person under 21 and for anyone using the products in in a building used for school instruction or on school grounds used for instruction when school is in session.
However, state Sen. Chandler Swope, R-6th District, only gave it a "maybe" for his vote.
"I think tobacco products are bad, but 18 is the age of consent," he said. "I am undecided."
Del. Marty Gearheart, R-Mercer County and House Majority Whip, is not supporting the bill if it makes it to the House floor for a vote.
"Eighteen is considered the age of an adult as related to rights and responsibilities," he said. "Thus, I believe those considered as adults have the right to make adult decisions."
Del. Doug Smith, R-Mercer County, also thinks the age should be 18.
"I am a former smoker, quit over 9 years ago, and would hope others would do the same," he said. "However, it is their choice. If a person is considered an adult at 18 then I believe they should have all legal rights at that age. We expect our men and women to be adult enough at 18 to join the military and fight in a war or conflict then I believe they are old enough to make a decision whether they want to smoke or vape. As for telling someone they can't use a legal product in their own vehicle is not something I will vote for either."
Del. Joe Ellington, R-Mercer County, who is also a medical doctor, said he would support it.
Similar bills introduced since the federal law went into effect have not made it through the legislative process.
If passed, any business that sells to anyone under 21 can face a $100 fine for the first offense, at least $250 but no more than $500 for the second offense, and up to a possible $5,000 fine after the third offense if it occurs within five years of the first fine.
Any individual who "knowingly and intentionally" gives or sells tobacco products to anyone under 21 also could face misdemeanor charges with subsequent fines and/or community service.
According to the bill, a fine of $25 can be levied against a person who smokes a "lit tobacco product" in a vehicle with one or more passengers 16 years old or younger.
As of Friday, the bill, which was introduced on Jan. 17, remained in the Senate Finance Committee.
According to the Centers for Disease Control, West Virginia has one of the highest youth smoking rates in the nation.
— Contact Charles Boothe at cboothe@bdtonline.com
Contact Charles Boothe at cboothe@bdtonline.com
