Tobacco legislation heading to Gov. Jim Justice

Mar. 12—By GREG JORDAN

Bluefield Daily Telegraph

PRINCETON — A bill awaiting the signature of Gov. Jim Justice would raise the age when people can buy tobacco products and nicotine products from 18 to 21, thus making West Virginia in line with federal laws.

House Bill 5084 is designed "to discourage and ban the use of tobacco products by minors, according to the bill's text.

"As basis for the policy, the Legislature hearby finds and accepts the medical evidence that tobacco products may cause lung cancer, lung or heart disease, emphysema and other serious health problems while the use of smokeless tobacco may cause gum disease and oral cancer," according to the bill's text. "It is the further intent of the Legislature to reduce tobacco use by keeping tobacco products out of the hands of youth and young adults."

Needing to be 21 or older in order to buy tobacco and nicotine products has been federal law since 2019, Christina Mickey with the Coalition for a Tobacco-Free West Virginia said Monday. In contrast, the age has stayed at 18 in West Virginia.

This difference between the state and federal age limits has confused some West Virginia retailers, Mickey said. The "vast number" of the state's retailers follow the federal age limit of 21, but smaller stores still experience confusion and sell to 18 year olds.

"This will certainly reduce the confusion among retailers and enhance the compliance rate among retailers in West Virginia," Mickey said, adding it would make more parents aware of the age limit, too.

Greg Puckett with Community Connections, Inc. in Mercer County said the state could lose federal money if the age limit for buying tobacco and nicotine products is not raised to 21.

"This became national law in 2019, but the state had not ratified the code," Puckett said. "We're at the five-year window where this could potentially cost the state hundreds of thousands of dollars in federal support."

States must comply with the Synar Amendment, which requires them to enact and enforce laws regarding tobacco use in order to receive their full Substance Use Prevention, Treatment, and Recovery Services Block Grant (SUBG) awards.

Under House Bill 5084, a tobacco product means any product containing, made or derived from tobacco or containing nicotine that is intended from human consumption whether absorbed, inhaled or ingested. This includes using it in cigarettes, cigars, cigarillos, little cigars, pipe tobacco, snuff, chewing tobacco or other common tobacco products. A tobacco product includes electronic smoking devices and any accessory of a tobacco product or electric smoking device whether or any of these contain tobacco or nicotine.

"The main reason why this is so important is because our youth in communities have really taken to vaping as a nicotine alternative and we just want to make sure we protect our youth from the possibility of future addiction," Puckett said. "In cooperation with the Coalition for a Tobacco-Free West Virginia, I've advocated for this for many years, period."

The Legislature recently passed another bill which prohibits smoking in a vehicle while children are in it.

'This, combined with the smoking in cars bill, is a big step forward for public health in West Virginia," Puckett said.

— Contact Greg Jordan at gjordan@bdtonline.com

Contact Greg Jordan at gjordan@bdtonline.com