Texas Tobacco Law: 21 And Up

In 2019, Texas raised the legal age to purchase tobacco products from 18 to 21. This law, known as Tobacco 21 or T21, was signed by Governor Greg Abbott on June 7, 2019, and came into effect on September 1, 2019. The law applies to cigarettes, e-cigarettes, and other tobacco products. With tobacco being the leading cause of preventable deaths in the US, the law aims to reduce youth access to tobacco and decrease initiation rates of tobacco use.

The law went into effect on September 1, 2019

On September 1, 2019, the Texas Tobacco 21 law came into effect, raising the minimum legal age to purchase tobacco products in the state from 18 to 21 years. The law, also known as SB 21, was signed by Governor Greg Abbott on June 7, 2019. With this legislation, Texas joined 16 other states in the U.S. with similar Tobacco 21 laws in place.

The Texas Tobacco 21 law specifically pertains to the sale, distribution, possession, purchase, consumption, or receipt of cigarettes, e-cigarettes, or other tobacco products. It is now a requirement for tobacco retailers to request identification from anyone under 30 years of age, as opposed to the previous limit of 27 years. Additionally, retailers must post a sign notifying consumers that carding is enforced and that sales to individuals under 21 years of age are prohibited.

The law includes some exemptions. Individuals who are at least 18 years old and can present a valid U.S. or state military identification card at the time of purchase are excluded from the new age requirement. Furthermore, the law does not apply to those born on or before August 31, 2001, allowing them to continue purchasing tobacco products even if they are under the age of 21.

The Texas Tobacco 21 law aims to address the issue of tobacco use, particularly among youth. Tobacco is the leading cause of preventable deaths in the U.S., resulting in over 480,000 deaths each year. By increasing the minimum legal age, the law seeks to reduce the number of people who start smoking and curb youth access to tobacco products. According to a National Academy of Medicine report, raising the tobacco sales age to 21 years can lead to a significant decrease in initiation rates among 15 to 17-year-olds.

Military members aged 18-20 are exempt

On June 7, 2019, Texas Governor Greg Abbott signed Senate Bill 21, also known as Tobacco 21, into law. This bill raised the minimum legal age to purchase tobacco products in Texas from 18 to 21 years. The bill came into effect on September 1, 2019, and made Texas the 16th state to implement such legislation.

While the original bill did not include exemptions, the final version of the bill exempts military members aged 18-20 from the law. This means that active-duty military personnel aged 18 to 20 can still purchase tobacco and nicotine products in Texas, provided they show a valid military identification card at the time of purchase. This exemption was added following resistance from some Republicans in both the House and Senate, and in recognition of the public service of military members.

More than 12,500 active-duty troops aged 18 to 20 live in Texas, and the state now joins a growing national trend of increasing the legal smoking age to 21. Proponents of the bill argue that it will help to reduce youth access to tobacco and decrease initiation rates of tobacco use. In Texas, nearly 12% of high school students smoke cigarettes, and 19% use e-cigarettes. By increasing the legal age, it is hoped that there will be more "social distance" between younger students and those old enough to purchase tobacco products.

The bill also includes penalties for retailers who sell tobacco products to minors, with fines of up to $1,000 per violation. Minors who violate the tobacco law can be fined up to $100 and may be required to attend a tobacco awareness program or participate in community service. While some have criticised the bill for still including these fines that punish underage smokers, it is generally seen as a step in the right direction for public health and cancer reduction.

Retailers must card anyone under 30

On June 7, 2019, Governor Greg Abbott signed SB 21, also known as Tobacco 21, which raised the minimum legal age to purchase tobacco in Texas from 18 to 21 years. The law came into effect on September 1, 2019, and it applies to the sale, distribution, possession, purchase, consumption, or receipt of cigarettes, e-cigarettes, or tobacco products.

To comply with the law, retailers must card anyone who appears to be under 30 years old and verify that they are 21 or older by checking a valid proof of ID. This is a strict requirement, and retailers must check ID every single time, even if the customer is known to be of legal age. Acceptable forms of ID include a Texas or other state's driver's license, a passport, a state or federally issued identification card, or a U.S. Armed Forces or state military identification card.

Retailers must also post clear and conspicuous signage notifying consumers that carding is enforced and that sales to those under 21 are prohibited. Failure to post this signage can result in fines of up to $500.

The law includes penalties for both retailers and minors who violate the tobacco law. Retailers who sell tobacco products to minors can face fines of up to $1,000 per violation and may have their permits suspended or revoked. Minors who violate the law can be fined up to $100 and may be required to attend a tobacco awareness program or participate in tobacco-related community service.

It's important to note that there are exemptions to the law for individuals who are at least 18 years old and in the U.S. or state military forces with valid military identification, as well as individuals born on or before August 31, 2001.

Retailers must notify employees of the law

On June 7, 2019, Texas Governor Greg Abbott signed SB 21, also known as Tobacco 21, which increased the minimum legal age for the sale, distribution, possession, purchase, consumption, or receipt of cigarettes, e-cigarettes, or tobacco products in Texas from 18 to 21. The law came into effect on September 1, 2019.

Retailers must notify their employees of the new law and obtain their signatures as a record of this notification. This can be done using Form 69-117, Cigarette, E-Cigarette and Tobacco Products Retail Employee Notification. Vendors can be certified to train employers and employees engaged in the retail sale of cigarettes, e-cigarettes, or tobacco products. They must complete and submit Form AP-192, Application for Seller Training Certification. This form is also available by calling or visiting one of the Comptroller's field offices.

The new law requires retailers to card anyone under 30 years of age. Currently, the law requires ID for those 27 years old and under. Retailers must also post a sign notifying consumers that carding is enforced and that no sales can be made to those under 21 years of age.

Retailers who violate the law by selling cigarettes, e-cigarettes, cigars, and/or tobacco products to minors face penalties. The Comptroller's office may suspend or revoke the permit for that place of business or assess a fine of up to $1,000 per violation. It is important to note that the penalty for sale to those under 21 stays the same for the clerk, with a fine of up to $500.

Violations can result in fines and community service

On September 1, 2019, Texas raised the legal age for the sale, distribution, possession, purchase, consumption, or receipt of cigarettes, e-cigarettes, or tobacco products from 18 to 21. This law, known as SB 21 or Tobacco 21, aims to reduce smoking rates among young adults and decrease future health problems and premature deaths associated with smoking.

Violating the Tobacco 21 law can result in fines and community service, depending on the nature of the violation and the age of the offender. Minors in possession of tobacco products, for instance, can face fines of up to $100 and may be required to attend a tobacco awareness program or perform community service. The same penalties apply to those purchasing, attempting to purchase, or knowingly providing cigarettes, e-cigarettes, or tobacco products to minors. In the case of minors, a court may also require a parent to attend the tobacco awareness program with their child.

The law also imposes penalties on retailers who sell tobacco products to minors. Retailers who violate the law may have their permits suspended or revoked and may be subject to fines of up to $1,000 per violation. To ensure compliance, retailers must verify the age of purchasers who appear to be under 30 years of age through photo identification. They must also post warning signs provided by the Texas Comptroller's office, clearly stating the legal age for tobacco purchases and the consequences of violating the law.

It is important to note that the penalties for violating the Tobacco 21 law can vary depending on the specific circumstances of each case and the discretion of the court. Additionally, repeat offenses may result in more severe consequences.

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