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Smoking Age In California Raised To 21, New Law Awaits Governor’s Approval

Published on: March 11, 2016 at 12:48 PM ET
John Houck
Written By John Houck
News Writer

The smoking age in California may soon be raised to 21, making the state the second one to have such a law. One bill included in a package of six anti-smoking initiatives that was recently passed by the state legislature and designed to cut down on tobacco use in the state would change the minimum smoking age from 18 to 21.

While California’s Senate passed the anti-smoking bills in a 26 to 10 vote on Thursday, they must also be signed by Governor Jerry Brown. According to an ABC News report, the governor’s office has not commented on the pending legislation.

New laws passed in California changes smoking age from 18 to 21.
Gov. Jerry Brown may sign new law raising the minimum smoking age in California to 21. [Photo by Justin Sullivan/Getty Images]

Despite fierce debate from many Republican lawmakers and lobbying from the tobacco industry, the smoking age law managed to pass. Opponents of the bill say government needs to let people make decisions on their own, notwithstanding any negative health consequences.

The American Cancer Society sees the new legislation setting a new precedent and potentially the beginning of a trend that will affect many Americans.

“With California having such a huge population, it’s going to be very impactful nationwide,” said Cathy Callaway, associate director of state and local campaigns for the American Cancer Society.

Just last week, the city of San Francisco passed an ordinance raising the smoking age from 18 to 21. In the U.S., over 120 municipalities have put tougher restrictions on tobacco products, including an increase in the minimum age to purchase.

In Hawaii, a person must be 21 or over to buy tobacco products . The law went into effect on January 1 and the state was the first to pass such a law.

Supporters of raising the smoking age say most people who pick up the habit do so before their 18th birthday. They contend underage children often get cigarettes from 18-year-old friends and by raising the age, it will be more difficult for them to obtain the products.

However, some argue that an 18-year-old is considered an adult who can join the military and vote, so they should also be trusted to make other life decisions.

“You can commit a felony when you’re 18 years old and for the rest of your life, be in prison,” Assembly Republican Leader Chad Mayes said. “And yet you can’t buy a pack of cigarettes.”

New Jersey tried to pass a similar smoking law last year, but eventually failed when Governor Chris Christie did not sign it before a January deadline. The law would have raised the smoking age from 19 to 21.

Ecigs will be regulated the same as tobacco products in California.
Under a package of new anti-smoking laws in California, e-cigarettes will be regulated the same as tobacco products. [Photo by Justin Sullivan/Getty Images]

As part of the new laws, e-cigarettes will be regulated the same as tobacco products. One of the bills defines electronic cigarettes or “vaping” devices as tobacco products and places the same age limitation on purchasing and using them.

Some tobacco-free advocates worry that e-cigs are a gateway for young people to eventually start smoking tobacco cigarettes. While others believe they are a better, less-dangerous alternative.

While some research has been conducted to determine the long-term benefits and health effects of vaping, no definite conclusions have yet been made. Recently, the U.S. Food and Drug Administration has announced a proposal to regulate e-cigarettes nationwide, but no specific rule has taken effect.

Should California’s governor sign the bills into law, counties would be required to raise taxes on tobacco purchases beyond the $0.87 the state already imposes. Additionally, smoking in bars, workplace breakrooms, small businesses, warehouses as well as hotel lobbies and meeting rooms would be banned under the new rules.

While increasing the smoking age in California to 21 is a win for many anti-smoking activists, many want to go even further. Some groups are intensely campaigning for an initiative to raise the cigarette tax to $2 per pack. They want the additional funds to go directly towards health care, tobacco-use prevention programs, research, and law enforcement.

[Photo by Koichi Kamoshida/Getty Images]

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