Grandfather Law: Tobacco's Exception In Florida?

In 2021, the minimum age to purchase tobacco and nicotine products in Florida was raised from 18 to 21. This has sparked debate about whether an exception should be made for young adults who were already legally allowed to purchase tobacco before the law was implemented. The argument for a grandfather clause is that those who are 18, 19, and 20 were previously allowed to purchase tobacco and are now being stripped of their freedom to do so. However, the new law is an important step for public health, as research shows that raising the legal age to buy tobacco and nicotine can reduce the number of youth and young adults who start smoking, leading to immediate health benefits and a decrease in smoking-related deaths.

The federal minimum age for tobacco products is 21

In 2019, Congress raised the federal minimum age for the sale of tobacco products from 18 to 21. This change was made as part of a $1.4 trillion spending bill. The new federal law overrides state law, meaning that retailers across the US, including in Florida, cannot sell tobacco products to anyone under 21.

The change in federal law was made to promote public health and to reduce smoking rates. Research shows that raising the legal age to buy tobacco and nicotine can reduce the number of young people who start smoking, leading to immediate health benefits and a decrease in smoking-related deaths.

In Florida, the new federal minimum age for tobacco products was implemented as a statewide law on October 1, 2021. This law means that anyone under the age of 21 caught with tobacco or nicotine devices may face a penalty of a $25 fine or 16 hours of community service. They may also be required to attend a school-approved anti-tobacco program.

The new federal minimum age for tobacco products has been met with some criticism. Some argue that the law takes away the freedom of those who were already 18, 19, or 20 when the law was implemented, as they were previously allowed to purchase tobacco products. A petition has been started in Florida to create a grandfather clause for tobacco products in the state, which has gained over 6,800 signatures.

The Tobacco 21 policy also covers e-cigarette sales

On October 1, 2021, Florida implemented a new statewide law, "Tobacco 21", raising the minimum age to purchase tobacco and nicotine products from 18 to 21 years of age. This includes e-cigarettes, which are now categorized as "nicotine dispensing devices". The new law is designed to prevent young people from starting to smoke and to reduce the number of youth and young adults who take up smoking.

The "Tobacco 21" policy is a response to the fact that nearly nine out of ten smokers in the US start smoking before the age of 18, and nicotine addiction quickly sets in. By raising the minimum age to 21, the policy aims to address the leading cause of preventable death and disease in the US. Nicotine can cause serious damage to adolescent brains, which continue to develop up to the age of 25. It can reduce impulse control, cause attention and cognition problems, and worsen mood disorders.

The new law also addresses the recent increase in e-cigarette use among young people in Florida. E-cigarette brands have been using predatory marketing on social media and enticing kid-friendly flavors to target young people. The 2020 Florida Youth Tobacco Survey showed that more than one in three Florida high school students had tried an e-cigarette, and more than one in five had used one in the last 30 days.

Under the "Tobacco 21" policy, retailers selling nicotine dispensing devices must apply for and receive a nicotine products permit, although there is no cost involved in doing so. Locations that were already permitted to sell tobacco products do not need to apply for an additional permit. Selling tobacco or nicotine without a permit can result in a fine and suspension of the permit.

Nicotine dispensing devices cannot be sold by automated vending machines in Florida. They must be manually controlled by a store clerk and designed to sell only one item at a time, to a customer with an approved ID. Retailers must also have a system in place to train workers on the sale of nicotine products, including how to recognize and handle customers under 21, how to examine IDs, and how to use electronic age verification systems.

The new law includes an exemption for military personnel who are on active duty and at least 18 years of age.

The new law includes an exemption for military personnel

On 1 October 2021, Florida implemented a new law, Tobacco 21, raising the minimum age to purchase tobacco and nicotine products from 18 to 21 years. This brought the state in line with existing federal laws. The new law includes an exemption for military personnel who are on active duty and at least 18 years of age.

The exemption for military personnel means that any store on Department of Defense property can sell tobacco products to individuals as young as 18 years old. This is despite the fact that, under federal law, there are no exemptions from the new minimum age of 21 for the sale of tobacco products.

The Tobacco 21 law was passed to address the leading cause of preventable death and disease in the U.S. Research shows that nearly nine out of 10 smokers in the U.S. start by the age of 18. Raising the legal age to buy tobacco and nicotine can reduce the number of youth and young adults who start smoking, showing immediate health benefits and decreasing the eventual number of smoking-related deaths.

Nicotine can also do serious damage to the developing brain. Adolescent brains are more vulnerable than the brains of full-grown adults, and studies show that nicotine use before the age of 25 can reduce impulse control, cause attention and cognition problems, and worsen mood disorders. Nicotine is highly addictive and increases the chances of becoming addicted to other drugs later in life.

The new law has sparked a petition from those who were already 18, 19, and 20 when the law was put in place. They argue that they were legally allowed to purchase tobacco before the law was changed, and that a Grandfather Clause would allow them to remain legal while refraining those who have not yet turned 21 from obtaining these products.

Under the new law, anyone under 21 caught with tobacco may face a $25 fine

On October 1, 2021, Florida implemented a new law that raises the minimum age to purchase tobacco and nicotine products from 18 to 21 years. This law is in line with existing federal laws and is aimed at improving public health.

Under the new law, anyone under the age of 21 caught with tobacco or nicotine devices may face a penalty of either 16 hours of community service or a $25 fine. If they are cited again within 12 weeks, they will be subject to additional $25 fines. If they fail to complete the community service or pay the fine, their driver's license could be suspended for 30 days.

The change is designed to prevent young people from starting to smoke and to encourage those who have already started to consider quitting. The new law also covers e-cigarette sales, bringing it in line with traditional cigarettes and smokeless tobacco products.

The law includes an exemption for military personnel who are on active duty and at least 18 years of age.

The new law has sparked a petition from those who were already 18, 19, or 20 when the law was implemented, arguing that they were legally allowed to purchase tobacco before the law changed. They are calling for a Grandfather Clause to be added to the law, which would allow them to continue to legally purchase tobacco products.

The law is designed to prevent young people from starting to smoke

On October 1, 2021, Florida implemented a new law, Tobacco 21, which raised the minimum age to purchase tobacco and nicotine products from 18 to 21 years. This law is designed to prevent young people from starting to smoke and to encourage young people who may have started to consider quitting.

Research shows that nearly nine out of 10 smokers in the U.S. start smoking by the age of 18. For those youth who are "experimenting" with tobacco, nicotine addiction quickly sets in and they find themselves unable to quit. By raising the legal age to buy tobacco and nicotine, the number of youth and young adults who start smoking can be reduced, showing immediate health benefits and decreasing the eventual number of smoking-related deaths.

Nicotine can cause serious damage to the developing brain, and adolescent brains are more vulnerable than the brains of full-grown adults, continuing to form up to the age of 25. Studies show that nicotine use before that point can reduce impulse control, cause attention and cognition problems, and worsen mood disorders. Nicotine is also highly addictive and increases the chances of becoming addicted to other drugs later in life.

The new Tobacco 21 policy also covers e-cigarette sales, which have seen significant increases in use in Florida schools and among the state's youth due to predatory marketing on social media and enticing kid-friendly flavors. The new law includes an exemption for military personnel who are on active duty and at least 18 years of age.

Under the new Florida law, anyone under the age of 21 caught with tobacco or nicotine devices may face a penalty of either 16 hours of community service or a $25 fine. They must also attend a school-approved anti-tobacco program if one is locally available. If cited again within 12 weeks, they will be subject to additional $25 fines. Failure to complete the community service or address the fine could result in a suspension of their driver's license for 30 days.

The law also has several new restrictions on retailers that sell tobacco and nicotine products. For example, e-cigarettes and any other products related to nicotine vapor are now categorized as "nicotine dispensing devices," and a retailer selling these devices must apply for and receive a nicotine products permit. To qualify as a reliable nicotine products dealer, the dealer must have a system in place to train workers on the use and sale of nicotine products, including laws covering the sale of nicotine products, how to recognize and handle customers under 21 years of age, how to properly examine IDs, and how to use electronic age verification systems.

Frequently asked questions