You now must be 21 to purchase cigarettes in Kansas, as Gov. Laura Kelly signs age change

Gov. Laura Kelly signed legislation Tuesday raising the age to purchase tobacco products in Kansas from 18 to 21, satisfying a requirement that could have cost the state federal funding.

Under a federal law signed in 2020, retailers couldn't sell cigarettes and other products, such as chewing tobacco or vapes, to individuals under the age of 21. But because Kansas law hadn't been updated, the state's retailers weren't forced to fall into compliance.

About 10 states, including Kansas, hadn't yet met requirements that they bring state laws into compliance with federal statute.

If that didn't occur, Kansas would have risked losing 10% of federal grant funding to combat substance abuse, under a longstanding federal law designed to penalize states that don't do enough to fight tobacco use among minors.

The Kansas Department of Aging and Disability Services said the loss of funding could have totaled $1.2 million but advocates also argue it could have a meaningful impact on reducing addiction, by delaying the age at which individuals start smoking and discouraging tobacco use.

"This isn’t going to cure all of the ills of tobacco use and addiction, I know that. It is not a perfect bill," Rep. John Eplee, R-Atchison, a family physician, said on the House floor. "But at least it raises the standard, it provides an optic, it provides new compliance that will help reduce the number of people that end of picking up tobacco or tobacco-related products."

Kansas tobacco law doesn't go far enough, advocates say

A trade association representing convenience stores and gas stations in Kansas told lawmakers in February that they had over 95% compliance on age requirements for tobacco sales.

Several major public health organizations, however, argued the measure doesn't go far enough by leaving in place longstanding penalties for youths who are found to possess tobacco products, something they believe is ineffective at curbing use.

And the bill does not move to define e-cigarettes as tobacco products under state law, another desired change.

"These products contain similar packaging designs, flavorings, and product names as other tobacco products, and are frequently sold in the same retailer locations," Kari Rinker, state government relations director for the American Heart Association, told legislators.

And a significant bloc of bipartisan opposition formed not because of the bill's public health implications but because of the philosophical underpinnings of the idea.

Sen. Jeff Pittman, D-Leavenworth, pointed to a series of bills that would have increased criminal sentencing for minors, as well as the fact that an 18-year-old could serve in the military, as reason to vote against the bill.

"We expect young people to be adults — except on this issue, where they apparently can't make their own decisions until they are 21," Pittman said on the Senate floor.

This article originally appeared on Topeka Capital-Journal: Tobacco purchase age is now 21 in Kansas, as Laura Kelly signs bill