how old to buy cigarettes

How Old Do You Have to Be to Buy Cigarettes?

how old to buy cigarettes

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‍how old to buy cigarettes
Cigarette smoking is a detrimental habit that leads to a myriad of health issues, making it a major concern for public health authorities. To curb the prevalence of smoking, many jurisdictions have implemented laws to regulate the sale of tobacco products, including determining the minimum legal sales age (MLSA). In this article, we will explore the MLSA laws for tobacco products, the impact of raising the age requirement, and the current state of these regulations.

Understanding the Impact of Tobacco Use

Tobacco use is widely recognized as the leading cause of preventable diseases, disabilities, and premature deaths in the United States. According to the U.S. Department of Health and Human Services, approximately 34 million adults in the country were regular cigarette smokers in 20191. Alarmingly, almost 90% of daily smokers start smoking before the age of 181. This early initiation of smoking increases the likelihood of nicotine dependence and reduces the chances of successful smoking cessation2.

The Role of MLSA Laws in Tobacco Control

Recognizing the need to address youth access to tobacco products, the Synar Program was established in 1992, requiring states and territories to enact and enforce laws prohibiting the sale of tobacco products to individuals under the age of 183. Compliance with the Synar Amendment is essential for states to receive federal substance abuse block grant funding3. However, in recent years, there has been a growing movement to raise the MLSA for tobacco products to 21 years.

Federal Tobacco 21

In 2019, the U.S. Congress passed legislation known as Tobacco 21 or T21, raising the federal MLSA for tobacco products from 18 to 21 years4. This comprehensive law prohibits the sale of any tobacco product, including cigarettes, cigars, and e-cigarettes, to individuals under the age of 21. It applies to all retail establishments and covers all states, territories, and tribal lands in the United States4. Notably, there are no exemptions for active duty military personnel or veterans between the ages of 18 and 204.

The passage of the federal T21 law has led to updates in the Synar program. States and territories are now required to report illegal sales to individuals under 21 years of age, regardless of whether they have raised their own MLSA to 215. This aligns with the goal of reducing youth access to tobacco products and curbing smoking initiation among adolescents.

State, Local, Tribal, and Territorial Actions

While the federal T21 law establishes a nationwide MLSA of 21 years, it does not prohibit states, localities, tribes, or territories from enacting more restrictive laws. In fact, some jurisdictions have taken additional measures to combat tobacco use by raising their MLSA even higher than 21 years. This flexibility allows individual regions to tailor their regulations to the specific needs and preferences of their communities.

According to the CDC State Tobacco Activities Tracking and Evaluation (STATE) System, as of December 31, 2023, 41 states, 3 territories, and the District of Columbia have enacted a MLSA of 21 years for purchasing any tobacco product6. Additionally, 19 states, 2 territories, and the District of Columbia had already raised their MLSA to 21 years prior to the passage of the federal T21 law6. However, it’s important to note that even in jurisdictions where the MLSA remains below 21 years, retailers are still required to comply with the federal law6.

To provide an overview of the MLSA laws across the United States, we have compiled a table showcasing the MLSA status for each state and territory6:

LocationMLSA Law
AlabamaHas increased MLSA to 21 years
AlaskaHas not increased MLSA to 21 years
American SamoaHas not increased MLSA to 21 years
ArizonaHas not increased MLSA to 21 years
ArkansasHas increased MLSA to 21 years
CaliforniaHas increased MLSA to 21 years
ColoradoHas increased MLSA to 21 years
ConnecticutHas increased MLSA to 21 years
DelawareHas increased MLSA to 21 years
District Of ColumbiaHas increased MLSA to 21 years
FloridaHas increased MLSA to 21 years
GeorgiaHas increased MLSA to 21 years
GuamHas increased MLSA to 21 years
HawaiiHas increased MLSA to 21 years
IdahoHas increased MLSA to 21 years
IllinoisHas increased MLSA to 21 years
IndianaHas increased MLSA to 21 years
IowaHas increased MLSA to 21 years
KansasHas increased MLSA to 21 years
KentuckyHas increased MLSA to 21 years
LouisianaHas increased MLSA to 21 years
MaineHas increased MLSA to 21 years
Marshall IslandsHas not increased MLSA to 21 years
MarylandHas increased MLSA to 21 years
MassachusettsHas increased MLSA to 21 years
MichiganHas increased MLSA to 21 years
MinnesotaHas increased MLSA to 21 years
MississippiHas not increased MLSA to 21 years
MissouriHas not increased MLSA to 21 years
MontanaHas not increased MLSA to 21 years
NebraskaHas increased MLSA to 21 years
NevadaHas increased MLSA to 21 years
New HampshireHas increased MLSA to 21 years
New JerseyHas increased MLSA to 21 years
New MexicoHas increased MLSA to 21 years
New YorkHas increased MLSA to 21 years
North CarolinaHas not increased MLSA to 21 years
North DakotaHas increased MLSA to 21 years
Northern MarianasHas increased MLSA to 21 years
OhioHas increased MLSA to 21 years
OklahomaHas increased MLSA to 21 years
OregonHas increased MLSA to 21 years
PalauHas increased MLSA to 21 years
PennsylvaniaHas increased MLSA to 21 years
Puerto RicoHas not increased MLSA to 21 years
Rhode IslandHas increased MLSA to 21 years
South CarolinaHas not increased MLSA to 21 years
South DakotaHas increased MLSA to 21 years
TennesseeHas increased MLSA to 21 years
TexasHas increased MLSA to 21 years
U.S. Virgin IslandsHas not increased MLSA to 21 years
UtahHas increased MLSA to 21 years
VermontHas increased MLSA to 21 years
VirginiaHas increased MLSA to 21 years
WashingtonHas increased MLSA to 21 years
West VirginiaHas not increased MLSA to 21 years
WisconsinHas not increased MLSA to 21 years
WyomingHas increased MLSA to 21 years

The Benefits of Raising the MLSA

Raising the MLSA for tobacco products to 21 years has been shown to have significant positive impacts on smoking prevalence and related health outcomes. A report by the National Academy of Medicine in 2015 predicted that increasing the MLSA would lead to substantial reductions in smoking rates and smoking-related deaths7. The study also highlighted the correlation between early smoking initiation and higher odds of nicotine dependence7.

By raising the MLSA, communities can create a barrier to prevent young individuals from accessing tobacco products during their most vulnerable years of experimentation. This delay in access provides an opportunity for these individuals to mature and make informed decisions about smoking, potentially leading to a lower overall smoking prevalence in the long run.

Moreover, aligning state and federal MLSA laws can enhance the clarity and effectiveness of enforcement efforts. When state laws are consistent with federal regulations, retailers and law enforcement officials can work together more seamlessly to prevent illegal tobacco sales to underage individuals. This coordination streamlines the enforcement process and ensures that retailers are aware of their responsibilities.

Impact on Smoking and Tobacco Use

Raising the MLSA to 21 years has yielded promising results in reducing smoking rates among young adults. According to a study published in the MMWR Morbidity and Mortality Weekly Report, individuals who start smoking regularly between the ages of 18 and 20 are more likely to develop nicotine dependence and less likely to quit smoking compared to those who start at age 21 or older2. These findings underscore the importance of implementing MLSA laws that deter early smoking initiation.

Additionally, the CDC State Tobacco Activities Tracking and Evaluation (STATE) System provides interactive maps that display the current cigarette use among adults and youth, funding for tobacco control activities, and utilization of quitline services in each state6. These maps serve as valuable tools for policymakers and public health professionals to assess the effectiveness of MLSA regulations and develop targeted interventions.

Conclusion

Tobacco use continues to pose a significant threat to public health, particularly among young individuals. Implementing MLSA laws for tobacco products is a crucial step in curbing smoking initiation and reducing the prevalence of tobacco-related diseases. The federal Tobacco 21 law, along with state, local, tribal, and territorial actions, has raised the minimum age requirement for purchasing tobacco products to 21 years in many jurisdictions. These regulations have the potential to save lives and improve the overall health of communities across the United States.

As further research and evidence emerge, it is essential for policymakers and public health professionals to continue evaluating the effectiveness of MLSA laws and implementing evidence-based strategies to combat tobacco use. By working together, we can create a healthier and smoke-free future for generations to come.

References

Footnotes

  1. US Department of Health and Human Services. The Health Consequences of Smoking-50 Years of Progress: A Report of the Surgeon General. Atlanta: US Department of Health and Human Services, Centers for Disease Control and Prevention; 2014.  2
  2. Ali FRM, Agaku IT, Sharapova SR, Reimels EA, Homa DM. Onset of regular smoking before age 21 and subsequent nicotine dependence and cessation behavior among US adult smokers. Prev Chronic Dis. 2020; 17:190176. DOI: http://dx.doi.org/10.5888/pcd17.190176 2
  3. Substance Abuse and Mental Health Services Administration. Revision to SAMHSA’s Synar Guidance on Tobacco Regulation. Washington, DC: US Department of Health and Human Services; 2020. https://www.samhsa.gov/sites/default/files/synar-guidance-tobacco-21.pdf 2
  4. Food and Drug Administration. Tobacco 21 website. https://www.fda.gov/tobacco-products/retail-sales-tobacco-products/tobacco-21 2 3
  5. Marynak K, Mahoney M, Williams KS, Tynan MA, Reimels E, King BA. State and Territorial Laws Prohibiting Sales of Tobacco Products to Persons Aged <21 years – United States, December 20, 2019. MMWR Morb Mortal Wkly Rep. 2020; 69:189-192. DOI: http://dx.doi.org/10.15585/mmwr.mm6907a3
  6. Centers for Disease Control and Prevention. CDC State Tobacco Activities Tracking and Evaluation (STATE) System. CDC STATE System Tobacco Legislation–Youth Access website. https://www.cdc.gov/STATESystem/. Accessed February 27, 2024.  2 3 4 5
  7. Institute of Medicine. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press; 2015.  2

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