Massachusetts age to buy cigarettes rises in 2019

Tuesday

Jan 1, 2019 at 11:49 AM

The state law also places existing prohibitions on public smoking over electronic cigarettes.  Moreover, it outlaws the use of tobacco products on the grounds of any public or private primary, secondary or vocational schools. 

A summertime bill signed into law that raises the legal age to purchase tobacco products and electronic cigarettes statewide to 21 went into effect Dec. 31. 

The increase in age in 2019 comes six months after Massachusetts General Court passed and Gov. Charlie Baker signed “An Act protecting youth from the health risks of tobacco and nicotine addiction.” 

“Raising the age to buy tobacco products in the commonwealth is an important step to prevent addiction for young people and encourage healthy choices,” said Baker when he signed the law on July 27. 

Those caught selling or providing a person under 21 tobacco products comes with fines of $100 for the first offense, $200 for the second and $300 for a third or more. 

The state law places existing prohibitions on public smoking over electronic cigarettes.  Moreover, it outlaws the use of tobacco products on the grounds of any public or private primary, secondary or vocational schools.  Lastly, it outlaws the sale of tobacco products by any pharmacy, hospital or other entity that offers health care services or employs health care providers. 

Local retailers argued early on the state law unfairly targets them and could reduce sales by 15 percent.  A 2014 study published in the American Journal of Public Health pegged the loss at closer to 2 percent. 

Even before the bill made its way to the governor’s desk, 73.8 percent of Bay Staters lived in one of the 179 municipalities out of 351 with 21-year-old tobacco sales restriction local bylaws and ordinances. 

The sheer number of Massachusetts communities with local laws on the books, however, bolstered the statewide law.  Conflicting local policies across the commonwealth prompted the Retailers Association of Massachusetts and the Stoughton-based New England Convenience Store and Energy Marketers Association, Inc. to advocate for a uniformed, singular law. 

“The city and town approach creates nothing but confusion,” John Shaer, executive director of the New England Convenience Store and Energy Marketers Association, Inc. “We’d like to see a more uniform approach, and the simplest way to achieve that is with a statewide approach.” 

The state law also charges Massachusetts Center for Health Information and Statistics with reviewing tobacco cessation benefits offered by insurance companies and groups and compare them to federal recommendations.  A report on the findings is due July 1, 2019.  A separate special commission will examine the use of e-cigs, vapes, Juuls with a focus on teens and young adults and investigate how minors gain access to the e-cigarette devices.  The commission’s findings are due July 1, 2020. 

The idea to increase tobacco age limits became a reality more than a decade ago in Needham, the first municipality to increase the age requirement in 2005. 

“Cities and town have been doing this for years,” Cheryl Sbarra, director of policy and law at the Massachusetts Association of Health Boards, based in Winchester, told Wicked Local in June. 

Health professionals argue increased age limits help deter malleable young adults from becoming addicted to tobacco products, citing scientific research showing the brain is more susceptible to addiction at a younger age. 

“Tobacco companies have been trying to addict young people since their inception, or at least since cigarettes have been popular,” said Sbarra. “ It’s the tobacco companies’ fault they’re using these products.” 

When Baker signed the law weeks later, House Speaker Robert DeLeo said, “This is a big step toward our ongoing effort to curb tobacco use among children and young adults.” 

In regard to the law, Senate President Karen Spilka spoke to certain Massachusetts exceptionalism. 

“Massachusetts is the healthiest state in the country because of smart legislation like this that improves public health and promotes prevention,” she said.