OCEAN CITY — Starting next Tuesday, those under 18 in Maryland will no longer be allowed to buy tobacco products in the state, including electronic smoking devices, and retailers will face greater scrutiny from state officials.
Last year, the Maryland General Assembly passed legislation raising the legal age to purchase all tobacco products from 18 to 21 and the new law is set to go into effect on Tuesday. As a result, Maryland will join 17 other states, along with nearly 500 cities and counties across the country in increasing the minimum legal sales age to 21 for all tobacco products including cigarettes, chewing tobacco and snuff, and electronic smoking devices such as e-cigarettes, pod-based devices, e-liquids and vapes, which have been increasingly in the news over the last few weeks.
The timing of the law change comes as Maryland, along with 37 other states, is dealing with an outbreak of severe lung illnesses associated with vaping. As of Tuesday, there were 20 such cases in Maryland, according to the state’s health department. While the legal age hike to 21 in Maryland includes all types of tobacco, it likely wasn’t anticipated there would be a significant outbreak in lung illnesses associated with vaping in the weeks leading up to the law change when it was debated and ultimately passed by the General Assembly last winter.
In the ramp-up to the law change, the Maryland Department of Health earlier this month launched its “21 or None” outreach and awareness campaign to get tobacco retailers up to speed. While there will be consequences for those under 21 attempting to purchase tobacco products starting Tuesday, the onus will largely fall on the retailers, similar to the responsibility of businesses selling alcohol to those under 21. As a result, the MDH is working with retailers to make the transition a smooth one.
“We want to help tobacco retailers comply with the new law,” said MDH Secretary Robert Neall this week. “They play a critical role in creating a healthier Maryland by keeping tobacco products out of the hands of Maryland youth.”
According to the MDH, roughly 865,000 Marylanders use tobacco and electronic smoking devices, most of whom start before the age of 21. The new law aims to protect over a quarter of a million residents between 18 and 21 from developing a nicotine addiction.
“We discourage youth from using all tobacco products including electronic smoking devices,” said MDH Center for Tobacco Prevention and Control Director Dawn Berkowitz. “Nicotine is a high addictive chemical. The human brain is developing until about 25 or 26 years old and introducing nicotine to your brain while it is still developing can have permanent negative consequences.”
The MDH, including local health departments and local law enforcement agencies will be charged with enforcing the legal age hike for purchasing tobacco products. There is an exemption from the law change for active military personnel under the age of 21.
Ostensibly, local health departments and law enforcement agencies would conduct compliance checks on retailers, similar to illegal sales of alcohol to individuals under the age of 21. State and local enforcement agencies are authorized under the law to conduct random, unannounced inspections at tobacco retail sites and to use persons under the age of 21 to conduct enforcement activities, akin to sending underage cadets into businesses that sell alcohol.
While the MDH is working with retailers around the state initially through its outreach and education programs, there is an enforcement element that will ultimately be enforced. The fine for a first violation is $300, with the fine jumping to $1,000 for a second violation within two years.
Locally, the Worcester County Health Department is working with businesses throughout the county including the resort area on making a smooth transition to the law change. Tobacco retailers in the county are required to post signs in their establishments and the health department is providing materials and face-to-face education to local retail stores in advance of Tuesday’s law change.
According to the county’s most recent Youth Risk Behavior Survey, nearly 6% of middle school students in Worcester smoke or use some form of tobacco, while over 18% of high school students in the county are users. The intent of the legislation is to eliminate, or at least reduce, access to tobacco products for the county’s youth most susceptible to addiction.
“We know most adults who use tobacco started by the age of 21,” said Worcester County Health Officer Rebecca Jones. “The Tobacco 21 law will help reduce youth access, thereby reducing the chance of them to ever start using tobacco.”
