In 1992, the government passed federal legislation that limited tobacco purchases to those age 18 and older. Nearly 30 years later, some states—all of which had their own age-based laws prior to the implementation of federal restrictions—are passing or considering laws that increase the minimum age to purchase all tobacco products to 21. In April, the Maryland legislature voted to do just that. The law, signed by Gov. Larry Hogan in May, goes into effect in October. This is another win for advocates of the “tobacco 21 movement that’s championing similar laws across the nation. As of June 1st, Maryland is one of 14 states that have raised the age for tobacco sales to 21 (though, in Maryland, members of the military are exempt), while another 15 states have implemented the same law in certain cities and counties.
Approximately one in five high schoolers in Maryland report using some sort of tobacco product regularly, while more than 35 percent say they have tried vaping pens or e-cigarettes, according to the Maryland Youth Risk Survey. The new law applies to all forms of tobacco, including cigarettes, cigars, smokeless tobacco, e-cigarettes, and vaping devices. The push to raise the minimum age for tobacco sales to age 21 stems from a number of reports that have concluded that doing so could result in significant public health benefits, including fewer tobacco-related deaths. For example, a 2015 report from the Institute of Medicine noted that increasing the age for tobacco sales would significantly reduce the number of adolescents and young adults who start smoking; reduce smoking-caused deaths; and immediately improve the health of adolescents, young adults, and young mothers. There’s a chance the law could change on a federal level (and, in this case, the military wouldn’t be exempt). In May, Senate Majority Leader Mitch McConnell introduced legislation, co-sponsored by Dem. Tim Kaine of Virginia, to increase the age for tobacco sales to 21. States that aren’t in compliance would lose federal funding from the Department of Health and Human Services’ Substance Abuse Prevention and Treatment Block Grant Awards.
Legally Speaking A Tobacco Timeline
1700s
European studies conclude that pipe smoking causes lip and throat cancers.
1820s
German scientists isolate pure nicotine and identify it as a poison.
1883
New Jersey sets the first minimum age of legal access (MLA) for tobacco at 16 years. New York state follows in 1886.
1890
By this time, 26 states have MLAs that range from age 14 to 24.
1898
German scientists begin to hypothesize a link between tobacco and lung cancer.
1939
Ohio and Rhode Island are the last two states to pass MLA laws.
1953
Maryland repeals its MLA.
1964
For the first time, the Surgeon General’s report indicates that smoking causes lung cancer.
1985
The American Medical Association proposes setting the national MLA for tobacco to 21 years.
1992
The federal government sets the minimum age for tobacco sales at 18 years.
2009
President Barack Obama signs the Family Smoking Prevention and Tobacco Control Act into law, which gives the FDA the ability to regulate tobacco products for the first time in history.
2019
The Maryland legislature votes in April to raise the legal age to purchase tobacco from 18 to 21, with the exception of military members. The law goes into effect in October.
