Military Exempt From Tobacco Purchase Age Law?

The 21 tobacco law applies to military personnel. In 2019, Congress passed legislation to raise the federal minimum age to purchase tobacco from 18 to 21. This law applies to all retail establishments and persons with no exceptions, including members of the military. As a result, service members under the age of 21 are banned from buying tobacco products, even on military bases. However, there have been legislative proposals to change this and allow service members under 21 to purchase tobacco products on base.

There is no military exemption in the Tobacco 21 law

The Tobacco 21 law, which raises the minimum age to purchase tobacco from 18 to 21, applies to everyone, including military personnel. This means there is no military exemption in the Tobacco 21 law.

The law, which came into effect in December 2019, is a response to the rising number of vaping illnesses and deaths, with one in three high school students and one in eight middle school students reporting the use of some type of tobacco product in the past 30 days. The law is also expected to reduce smoking-related cancers and respiratory illnesses by more than 220,000 cases in the coming years.

The Tobacco 21 law is a federal law, and federal laws apply on military installations. This means that the sale of tobacco products to anyone under the age of 21 is illegal, even on military bases. While the law does not restrict the use of tobacco products by those under 21, it is still recommended that individuals avoid the use of tobacco and nicotine, as nicotine addiction can lead to an early death and an unhealthy life.

While some lawmakers initially considered including an exemption for military members, this idea was dropped after discussions with public health advocates. The lawmakers agreed that the military should not be "treated differently on a public health issue." As a result, the Tobacco 21 law applies equally to both civilians and military personnel, with no exemptions.

The law applies to all retail establishments and persons with no exceptions

The law applies to all retailers, including those on Defense Department property, and there is no exemption for military personnel. This means that members of the military under the age of 21 are banned from buying tobacco products, and any stores on military bases are prohibited from selling tobacco to individuals under 21. The law also applies to non-tobacco nicotine products, such as nicotine pouches.

The legislation was included in a $1.37 trillion spending bill and was supported by both Republican and Democratic senators. The bill was signed by President Trump and the age change became effective immediately. The Food and Drug Administration (FDA) is responsible for enforcing the minimum legal sales age.

There had been some discussion about including an exemption for military members, in recognition of their public service. However, this idea was dropped after discussions with public health advocates. Senator Mitch McConnell, one of the driving forces behind the legislation, stated that the military should not be "treated differently on a public health issue." Senator Tim Kaine, who also supported the bill, agreed, saying that members of the military should be afforded the same public health protections as their civilian counterparts.

The law does not preempt cities, counties, or states from passing and enforcing their own age restriction laws, and many jurisdictions already had Tobacco 21 laws in place before the federal legislation was passed. The federal law also does not preempt Tobacco 21 laws that were already in place in cities, counties, and states.

The law does not preempt cities, counties, or states from passing their own age restriction laws

The Tobacco 21 law, which raises the minimum age to purchase tobacco from 18 to 21, does not prevent cities, counties, or states from passing their own age restriction laws. This means that individual jurisdictions can implement their own regulations regarding the sale and consumption of tobacco products, which may include stricter age limits or additional restrictions on certain types of tobacco products.

The Tobacco 21 law is a federal law that was passed by Congress and signed by the President in December 2019. It amends the Federal Food, Drug, and Cosmetic Act to prohibit the sale of tobacco products to anyone under the age of 21. This law applies nationwide and to all military bases. However, it does not override any existing or future local age restriction laws that may be more stringent than the federal law.

Prior to the federal Tobacco 21 law, over 540 local jurisdictions and 19 states had already passed their own Tobacco 21 laws. These local laws set the minimum age to purchase tobacco at 21 and many included additional provisions to strengthen enforcement and reduce youth access to tobacco products. For example, some local laws require tobacco retailers to obtain a license, mandate a minimum number of compliance checks, and update their penalty structures to incentivize compliance.

The inclusion of the Tobacco 21 law in the federal spending bill was driven by bipartisan efforts to curb teenage tobacco use and improve public health outcomes. By raising the minimum age to purchase tobacco, lawmakers aim to reduce the number of young people who become addicted to nicotine and develop lifelong smoking habits. This is particularly important given the high costs of tobacco-related illnesses, which amount to $1.6 billion per year in direct outlays for the Pentagon.

While the federal Tobacco 21 law sets a nationwide standard, cities, counties, and states retain the authority to pass their own age restriction laws. This allows for more localized control and the ability to address specific community needs and concerns. It also enables jurisdictions to implement more stringent regulations if they deem it necessary to protect the health and well-being of their residents.

The law penalizes retailers for selling tobacco products to youth

The penalties for retailers are typically more severe than those for underage buyers. In most states, the offense is punishable as a civil infraction, and sanctions can include confiscation of the tobacco product, notifying parents of the violation, community service, participation in a tobacco prevention education program, and fines ranging from $5 to $300. In nine states, underage buyers may also have their driver's license suspended, revoked, or restricted.

The penalties for retailers are designed to deter the sale of tobacco products to youth and protect children and adolescents from the harmful effects of tobacco use. Tobacco use is a leading cause of preventable death in the United States, and young people who use tobacco are particularly likely to become lifelong users. By enforcing strict penalties for retailers who sell tobacco products to youth, the law aims to reduce the number of young people who have access to these harmful products.

The law does not require states to pass laws to raise their sales age to 21

The law penalizes retailers for selling tobacco products to youth, not those attempting to purchase, although many states and cities retain purchase, use, and possession (PUP) laws. The FDA enforces the minimum legal sales age by contracting with states or third parties to conduct compliance check inspections of tobacco product retailers. The FDA also offers free resources to assist retailers in calculating the age of their customers.

The federal Tobacco 21 law does not preempt states and localities from adopting their own Tobacco 21 laws. In fact, changes to the Synar Amendment require states, as a condition of their grant funding, to demonstrate compliance with the federal age of 21. This means that states must conduct random, unannounced inspections to ensure that retailers do not sell tobacco products to individuals under the age of 21, and report such findings to the federal government annually. If states do not demonstrate a compliance rate determined by the Secretary, they risk losing up to 10% of their Substance Abuse Prevention and Treatment Block (SAPTB) monies.

Therefore, the federal law inherently encourages state and local action. State and local enforcement will help improve the effectiveness of a Tobacco 21 law. States and localities should continue passing policies at the local and state level to make their age restriction laws align with federal law. Effective sales regulations also include requiring a tobacco retail license, mandating a minimum number of compliance checks, and updating their penalty structure to incentivize compliance.

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