Age to Buy Cigarettes: A Comprehensive Guide
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## Introduction
In 2009, the US Congress passed the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act), granting the US Food and Drug Administration (FDA) extensive authority to regulate the manufacturing, marketing, and sale of tobacco products[^1^]. Initially, this act only applied to cigarettes, cigarette tobacco, roll-your-own tobacco, and smokeless tobacco[^1^]. However, in 2016, the FDA finalized a rule that extended its regulatory authority to include e-cigarettes, cigars, and hookah and pipe tobacco[^1^].
Expansion of Regulatory Authority
The FDA’s expansion of regulatory authority in 2016 marked a significant milestone in tobacco control. With this rule in effect, it became illegal to sell any tobacco products, including cigarettes, cigars, and e-cigarettes, to individuals under the age of 18[^1^].
Tobacco 21 Legislation
On December 20, 2019, Congress raised the minimum legal sales age (MLSA) for tobacco products from 18 to 21 years, a legislation commonly referred to as Tobacco 21 or T21[^1^]. This law was immediately implemented, making it illegal for retailers to sell any tobacco products to anyone under the age of 21[^1^].
Nationwide Application
The federal MLSA now applies to all retail establishments across the United States, including Washington D.C., U.S. territories, and tribal lands[^1^]. There are no exceptions to this law, meaning that even active duty military personnel or military veterans aged 18 to 20 years are not exempted from the Tobacco 21 legislation[^1^].
Impact on State Laws
With the passage of the federal Tobacco 21 law, there have been corresponding updates to the Synar program, which requires states and territories to report on illegal sales of tobacco products to individuals under the age of 21[^1^]. While some states had already raised their MLSA to 21 prior to federal action, all states must now enforce the federal minimum age of 21 for tobacco sales[^1^].
State-by-State Regulations
Each state has the authority to establish its own regulations regarding the sale of tobacco products. Prior to the federal Tobacco 21 law, some states had already implemented MLSAs higher than 18 years[^2^]. However, with the federal law in place, all states must comply with the minimum age of 21 for tobacco sales.
The following table provides an overview of the MLSA in each state:
| State | MLSA |
|---|---|
| Alabama | 21 |
| Alaska | 21 |
| Arizona | 21 |
| Arkansas | 21 |
| California | 21 |
| Colorado | 21 |
| Connecticut | 21 |
| Delaware | 21 |
| Florida | 21 |
| Georgia | 21 |
| Hawaii | 21 |
| Idaho | 21 |
| Illinois | 21 |
| Indiana | 21 |
| Iowa | 21 |
| Kansas | 21 |
| Kentucky | 21 |
| Louisiana | 21 |
| Maine | 21 |
| Maryland | 21 |
| Massachusetts | 21 |
| Michigan | 21 |
| Minnesota | 21 |
| Mississippi | 21 |
| Missouri | 21 |
| Montana | 21 |
| Nebraska | 21 |
| Nevada | 21 |
| New Hampshire | 21 |
| New Jersey | 21 |
| New Mexico | 21 |
| New York | 21 |
| North Carolina | 21 |
| North Dakota | 21 |
| Ohio | 21 |
| Oklahoma | 21 |
| Oregon | 21 |
| Pennsylvania | 21 |
| Rhode Island | 21 |
| South Carolina | 21 |
| South Dakota | 21 |
| Tennessee | 21 |
| Texas | 21 |
| Utah | 21 |
| Vermont | 21 |
| Virginia | 21 |
| Washington | 21 |
| West Virginia | 21 |
| Wisconsin | 21 |
| Wyoming | 21 |
Please note that this table is subject to change, and it is advisable to consult the most recent legislation in each state.
Conclusion
The federal Tobacco 21 law has raised the minimum legal sales age for tobacco products from 18 to 21 years. This legislation applies to all retail establishments across the United States, leaving no exceptions for active duty military personnel or military veterans aged 18 to 20 years[^1^]. While some states had already established a higher MLSA prior to federal action, all states must now enforce a minimum age of 21 for tobacco sales[^1^]. It is crucial for retailers and individuals to be aware of and comply with these regulations to promote public health and reduce underage smoking.
Additional Information: It is essential to note that the information provided in this article is for informational purposes only and should not be considered legal advice. It is advisable to consult the most recent legislation and regulations regarding the age to buy cigarettes in your specific jurisdiction.