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Asher Cooper
Asher Cooper

Legal Age To Buy Tobacco In Minnesota

(a) "Tobacco" means cigarettes and any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product including but not limited to cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. Tobacco excludes any drugs, devices, or combination products, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration.

legal age to buy tobacco in minnesota

(b) "Tobacco-related devices" means cigarette papers or pipes for smoking or other devices intentionally designed or intended to be used in a manner which enables the chewing, sniffing, smoking, or inhalation of aerosol or vapor of tobacco or tobacco products. Tobacco-related devices include components of tobacco-related devices which may be marketed or sold separately.

(a) Any person 21 years of age or older who sells, gives, or otherwise furnishes tobacco, tobacco-related devices, or electronic delivery devices to a person under the age of 21 years is guilty of a petty misdemeanor for the first violation. Whoever violates this subdivision a subsequent time within five years of a previous conviction under this subdivision is guilty of a misdemeanor.

A person under the age of 21 years who purchases or attempts to purchase tobacco, tobacco-related devices, or electronic delivery devices and who uses a driver's license, permit, Minnesota identification card, or any type of false identification to misrepresent the person's age, shall only be subject to an alternative civil penalty, in accordance with subdivision 2a.

Law enforcement and court system representatives shall consult, as applicable, with interested persons, including but not limited to parents, guardians, educators, and persons under the age of 21 years, to develop alternative civil penalties for persons under the age of 21 years who violate this section. Consulting participants shall consider a variety of alternative civil penalties including but not limited to tobacco-free education programs, community service, court diversion programs, and tobacco cessation programs, and for persons under the age of 18 years, notice to schools and to parents or guardians. Alternative civil penalties developed under this subdivision shall not include fines or monetary penalties.

(a) Notwithstanding subdivision 1a, an Indian may furnish tobacco to an Indian under the age of 21 years if the tobacco is furnished as part of a traditional Indian spiritual or cultural ceremony. For purposes of this paragraph, an Indian is a person who is a member of an Indian tribe as defined in section 260.755, subdivision 12.

(b) The penalties in this section do not apply to a person under the age of 21 years who purchases or attempts to purchase tobacco, tobacco-related devices, or electronic delivery devices while under the direct supervision of a responsible adult for training, education, research, or enforcement purposes.

The Tobacco 21 law makes Minnesota consistent with federal and local tobacco laws and aims to keep tobacco products away from youth and schools. It was passed by the Legislature and signed by Gov. Tim Walz in May.

The federal government increased the age Americans can purchase tobacco products from 18 to 21 in December. The state passing its own law should clear up confusion among retailers, said Laura Smith, senior public affairs manager with ClearWay Minnesota, a nonprofit working to reduce tobacco use.

A main goal of the new law is to prevent young people from starting to smoke and becoming addicted to tobacco products, said Sen. Carla Nelson, R-Rochester, who has been advocating for increasing the age to 21 for years. Research shows the brains of younger people are more susceptible to addiction.

After years of trying, the effort to raise the tobacco age gained steam after more than 70 lung injuries and three deaths in Minnesota were reportedly linked to vaping last year. Then the 2019 Minnesota Student Survey found rates of vaping have jumped among middle and high school students, with a quarter of 11th-graders saying they had used e-cigarettes in the previous month.

According to a press release, HF 331 will provide clarity to retailers confused by the state tobacco ago of 18 and the federal age of 21, updates the state's definitions of 'tobacco', updates state compliance checks when selling tobacco products, and updates the best practices of state penalties to better match up with federal laws.

Tobacco 21 is a federal law that passed in December 2019, legally increasing the age to purchase tobacco from 18 to 21. Three years ago Edina was the first Minnesota communities to change the age of tobacco sales from 18 to 21 to comply with the Tobacco 21 laws.

We give young people the facts about smoking, vaping, nicotine and the tobacco industry, engage individuals and groups to make change in their communities, innovate ways to end nicotine addiction and join forces with collaborators committed to a future where tobacco and nicotine addiction are a thing of the past.

This page offers a summary of the federal rules broken down by different types of tobacco products. You can find comprehensive federal requirements for tobacco retailers in the Federal Food, Drug, and Cosmetic Act (FD&C Act), Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco, and the Deeming Tobacco Products To Be Subject to the Federal Food, Drug, and Cosmetic Act.

Note: In April 2021, FDA announced its plans to propose tobacco product standards within the next year to ban menthol as a characterizing flavor in cigarettes and ban all characterizing flavors (including menthol) in cigars.

These laws are designed to make regulated tobacco products less accessible and less attractive to youth. Every day, nearly 1,500 kids smoke their first cigarette and about 200 kids become daily cigarette smokers.7 Additionally, the CDC and FDA found that in 2020, 19.6 percent of high school students currently used e-cigarettes.8 Many of these children will become addicted before they are old enough to understand the risks. As a retailer, you play an important role in protecting children and adolescents by complying with the law and regulations.

The state Senate approved a bill lifting the legal age for buying tobacco products from 18 to 21. Meanwhile, at trial, Minnesota Attorney General Keith Ellison accused e-cigarette maker Juul of using "slick products, clever ads" to market its products to children. The opioid crisis is also in the news.

AP:Kansas Moving To Raise Age For Buying Tobacco To 21 From 18 Kansas is moving to increase its legal age for buying cigarettes, electronic cigarettes and other tobacco products to 21 from 18 after the federal government and most other states already have done it. The state Senate approved a bill to raise the age Tuesday on a 28-11 vote, sending it Gov. Laura Kelly. The House had approved it earlier this month on a 68-53 vote. (3/29)

The minimum purchasing age for tobacco in the United States before 2020 varied by state and territory. Since December 20, 2019, the smoking age in all states and territories is 21 after federal law was passed by Congress and signed by former President Donald Trump.

State tobacco laws partly changed in 1992 under the Bill Clinton administration when Congress enacted the Synar Amendment, forcing states to create their own laws to have a minimum age of eighteen to purchase tobacco or else lose funding from the Substance Abuse and Mental Health Services Administration.[4] The amendment was passed in response to the teenage smoking rates.[5] All states raised their ages to either eighteen or nineteen by 1993. In 1997, the Food and Drug Administration enacted regulations making the federal minimum age eighteen,[6] though later the U.S. Supreme Court later terminated the FDA's jurisdiction over tobacco, ending its enforcement practices and leaving it up to states.[7]

In 2009, the Family Smoking Prevention and Tobacco Control Act was enacted under the Barack Obama administration, once again setting a federal minimum age of eighteen and prohibited the FDA from setting a higher minimum purchase age.[8] From 1993 to 2012, the smoking age in all states was either eighteen or nineteen. In 2005, the town of Needham, Massachusetts became the first jurisdiction in the country to raise the minimum purchase age to 21.[9] Between 2012 and 2015, local municipalities across the U.S. began raising their smoking ages to twenty-one, with Hawaii becoming the first state to raise its age to twenty-one in 2015.[10] This began the shift in states eventually raising their ages to twenty-one due to the teenage vaping crisis.[11] By 2019, eighteen states had their minimum purchase ages at twenty-one, thirty states had their ages at eighteen, two had it at nineteen and the District of Columbia had it at twenty-one. On December 20, 2019, with the enactment of the Appropriations for Fiscal Year 2020 signed by President Donald Trump, the federal smoking age was raised to twenty-one by changing the minimum purchase age in the 1992 Synar Amendment.[12] The United States Department of Defense followed, raising the age to purchase tobacco to twenty-one on military bases in the U.S. and abroad.[13]

Smith said research shows almost 90 percent of adult smokers started before they were 21 years old. A 2017 survey found youth tobacco use was increasing for the first time in more than 15 years, driven by the popularity of electronic cigarettes and other flavored tobacco products.

In 2005, Dr. Crane received a phone call from Needham, Mass. The 30,000-person town just 30 minutes from Boston had decided to raise its legal age of purchase to 21. Six years later, Crane received another phone call from the Boston suburb, this time to report the effects of the law. Needham had completed a survey comparing smoking rates within its city limits to those in the surrounding towns, and its findings were staggering. They found that frequent smoking in Needham had dropped 62 percent, a decrease nearly triple that in the surrounding cities. 041b061a72




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