Tobacco 21

Maryland 21 or none logo

The Healthy St. Mary’s Partnership hosted an open town hall meeting to discuss the Maryland Tobacco 21 Law that goes into effect on October 1, 2019. This law raises the minimum legal sales age of tobacco and electronic smoking devices from 18 to 21 years of age. This includes sales of all electronic smoking devices—e-cigarettes, vapes, pod devices such as JUUL®, e-liquids, and component parts and accessories.

Guest Speakers included: Laura Hale with the American Heart Association, Kathi Hoke with the Legal Resource Center at the University of Maryland School of Law, Dr. Monika Lee with MedStar Medical Group at St. Clements and Sergeant Stephen Myers with St. Mary’s County Sheriff’s Office.

Key Takeaways

  1. There is no “grandfathering,” phase-in, or grace period. As of October 1, 2019, no tobacco sales are permissible to customers under 21.
  2. Resources are available for retailers. Visit notobaccosalestominors.com for age of sale signs, online training for store staff, and “21 or None” materials.
  3. The age 21 was chosen for several reasons. National data show that about 95% of adult smokers begin smoking before they turned 21. 18-21 is also a critical time period when many smokers move from experimental smoking to regular, daily use. Research also shows that kids often turn to older friends and classmates as sources of cigarettes. Increasing the tobacco age to 21 reduces the likelihood that a high school student will be able to legally purchase tobacco products for other students and underage friends. In addition, nicotine is addictive, and adolescents and young adults are more susceptible to its effects because their brains are still developing. Delaying the age when young people first experiment with or begin using tobacco can reduce the risk that they will become addicted smokers.
  4. Enforcement starts October 1. St. Mary’s County Sheriff’s Office partners with the St. Mary’s County Health Department to complete tobacco enforcement checks and education for retailers in St. Mary’s County.
  5. Sales to minors will be cited. Due to local ordinances, St. Mary’s County is one of 4 counties in the state that can choose to cite the clerk, the owner, or both when there is a violation.
  6. The federal government has introduced a Tobacco 21 law which will have no preemptive effect on the Maryland law. It will, however, allow the FDA’s enforcement checks to enforce the sales age of 21. If an establishment sells to a person who is underage during an FDA enforcement check then they are subject to fines and a possible no sale order.
  7. There is currently an ongoing investigation into respiratory illnesses related to vaping. Physicians have been told to report all lung illnesses in which the patient reports vaping within the past 90 days to local or state health departments. The CDC has advised the public to stop using vape products while this investigation is taking place.
  8. E-Cigarettes are not approved by the FDA as a cessation product. Studies have shown that those who use e-cigarettes to quit using combustible cigarettes are more likely to continue e-cigarette use, whereas those who used approved nicotine replacement therapies were more likely to ween off of those products.
  9. Most e-cigarettes contain nicotine as well as several other chemicals. Nicotine is an addictive substance which can have harmful effects on the developing brain. It is not yet known what the effects of vaporizing the other chemicals in e-cigarette liquid are.

Community Questions and Answers

  1. Will the Tobacco 21 law prohibit those who are under 21 from entering cigar lounges?
    • No, Maryland law does not prohibit underage persons from entering these establishments. The law does, however, prohibit the cigar lounge from selling tobacco products to those under 21. The Sheriff’s Department will be completing educational visits and random compliance checks at cigar lounges just like any other store holding a tobacco sales license.
  2. Can a person under the age of 21 sell tobacco products as an employee of a licensed tobacco retailer?
    • Yes.
  3. How are the St. Mary’s County Public Schools addressing the vaping epidemic and the changes in the law?
    • The St. Mary’s County Public Schools sent home a letter to parents at the beginning of the school year noting a change in their policies in regards to vaping. The St. Mary’s school board approved a change in section 204 of the handbook that states if a student is caught using or possessing e-cigarettes or other tobacco products more than once, it can result in level four discipline, or an out-of-school suspension from one to three days. The schools will also confiscate all tobacco products found on school grounds, buses, or at school sponsored events. The schools are working with staff at the St. Mary’s County Health Department to develop an educational element which all students caught with tobacco products will complete. Additional questions should be sent to St. Mary’s County Public Schools.
  4.  What are the repercussions for those who provide tobacco products to underage persons (e.g. friends, parents, etc)?
    • If a person provides or sells a tobacco product to a person under the age of 21 then they are subject to a criminal citation.
  5. How does the military exemption work?
    • The military exemption allows active duty military members (not reservists) between the ages of 18 and 20 to purchase tobacco products. They will need to present their CAC card which shows their photo and date of birth. Business owners retain the right to refuse to honor the military exemption and clerks can request a second form of ID to be presented to confirm age.
  6. Who approves e-cigarettes for market?
    • Currently, e-cigarettes are not approved by anyone to be on the market. The FDA has allowed products to enter the market unregulated and they are working to have all products go through the Pre-Market Tobacco Application (PMTA) process. Manufacturers must submit PMTAs for all products currently on the market by May 12, 2020.
  7. What tobacco cessation resources are available?
    • The St. Mary’s County Health Department offers free Quit Classes for those over the age of 18.
    • The Maryland Tobacco Quit Line can be reached at 1-800-QUIT-NOW (784-8669).
    • You can text “DITCHJUUL” to 88709, visit becomeanEX.org, or visit teen.smokefree.gov.

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