Help settle a kids/smoking debate.

[GEM]

I've been arguing with someone about this, and I'm having trouble finding a definite answer. I know lots of people here are good at looking this kind of stuff up.

I know it's illegal for stores to sell cigarettes to kids under 18. But, is it illegal for kids under 18 to smoke? Like, if you give a 17 year old a cigarette...is that illegal?

For the record, I don't smoke at all and I'm NOT giving cigarettes to kids. I promise! But, we saw some kids (in the 14-17 year old range) smoking at a ball game the other night, and my friend and I were arguing about whether or not that was legal. I was saying that (while obviously it was NOT a good choice) it was NOT illegal for them to smoke...just illegal for a store clerk to sell to them. She was saying it was illegal for them to be smoking. Just curious about which one of us was right.

Anybody know for sure? We live in Arkansas, in case it varies by state.

 

[jelloarms]

You may have found some sort of smoking loophole.

 

[maslex]

I read that you CAN smoke when you're under 18, you just can't legally BUY them under 18.

 

[bballmom56]

I believe you are correct - it is not illegal for them to smoke, but it is illegal to sell them tobacco products.

 

[MarkBarbieri]

After a quick perusal of websites found by googling "minimum smoking age", it looks like the typical US age limit for purchasing tobacco is 18. Some states set theirs lower, but that costs them some FEMA aid. It looks like there are no minimum smoking age laws in the US, just minimum purchasing ages.

Most countries limit both buying and using, but several limit only buying or have higher buying limits than using limits. In the UK, it looks like it is 18 to buy and 16 to use.

I also learned that men are much more likely to smoke than women. That surprises me because I see more women smokers than men. The states with the highest smoking rates (in order) are Kentucky, West Virginia, Oklahoma, Mississippi, and Alaska. The states with the lowest smoking rates are Utah, California, Idaho, Connecticut, and Washington.

I was surprised to see that Colorado is 43rd on the list. Whenever I go to Denver, it seems like smokers are everywhere. I suspect that is because I'm downtown and they aren't allowed to smoke in offices, stores, or restaurants, so all of the smokers are on the street where I'm walking.

 

[Inigo]

In the US, in all states, it is illegal for someone under the age of 18 to use, purchase, or possess tobacco products. Even if the minor is only carrying the cigarettes and not actually smoking, it's breaking the law.

I used to work in tobacco education.

 

[happygirl]

I would have to think that if it's illegal for minors to buy them it also illegal for them to smoke them

 

[MarkBarbieri]

It looks like it is illegal for a minor to use tobacco in Texas. Here is the law:

Sec. 161.252. POSSESSION, PURCHASE, CONSUMPTION, OR RECEIPT OF CIGARETTES OR TOBACCO PRODUCTS BY MINORS PROHIBITED. (a) An individual who is younger than 18 years of age commits an offense if the individual1) possesses, purchases, consumes, or accepts a cigarette or tobacco product

That's from this site.

Here is the law in Michigan:

722.642 Prohibited conduct by minor; violation as misdemeanor; penalty; participation in
health promotion and risk reduction assessment program; costs; community service;
exceptions; other violations.
Sec. 2. (1) Subject to subsection (3), a minor shall not do any of the following:
(a) Purchase or attempt to purchase a tobacco product.
(b) Possess or attempt to possess a tobacco product.
(c) Use a tobacco product in a public place.
(d) Present or offer to an individual a purported proof of age that is false, fraudulent, or not actually his or her own proof of age for the purpose of purchasing, attempting to purchase, possessing, or attempting to
possess a tobacco product.

That's based on this site. So it looks like it is OK for a minor to smoke in a private location in Michigan, just not in public.

The North Carolina Department of Crime Control and Public Safety says that it is illegal for a minor to obtain tobacco, but it doesn't mention use:

In 1997, the North Carolina General Assembly revised the state's tobacco law to prohibit the sale and distribution of tobacco products to persons under the age of 18. The law became effective on December 1, 1997.
The N.C. tobacco law prohibits any person to send, assist, aid or abet a person less than 18 years of age to purchase, attempt to purchase, or receive tobacco products. Local police and sheriffs' departments have the authority to enlist persons under the age of 18 to conduct compliance checks.
The Department of Health and Human Services also has authority to involve minors to conduct annual inspections of retail outlets as required by the federal Synar Law. The law prohibits any county, city or town to enact ordinances, rules, or regulations concerning the sale, distribution, display or promotion of tobacco products or cigarettes wrapping papers.
Other points of the tobacco law include the following:

• If convicted of selling or giving tobacco products to anyone under the age of 18, the person directly involved in the sale or distribution is guilty of a Class 2 Misdemeanor.
• Retail merchants must check photo identification of customers trying to buy tobacco products if the customer appears to be under age 18. If convicted of failing to check photo identification of anyone under age 18, the person shall be guilty of a Class 2 Misdemeanor.
• It is illegal for anyone under age 18 to buy, to attempt to buy, to receive or to use a false or misleading proof of age identification to buy tobacco products. If convicted, the minor is guilty of a Class 2 Misdemeanor.
• Retail merchants shall prominently display near the point of sale a sign that states the following: N. C. LAW STRICTLY PROHIBITS THE PURCHASE OF TOBACCO PRODUCTS BY PERSONS UNDER THE AGE OF 18. PROOF OF AGE REQUIRED. Failure to post the required sign shall be an infraction punishable by a fine of $25 for the first offense and $75 for each succeeding offense.
• Retail distributors are required to train their sales employees in the requirements of this law.
• It is illegal to distribute tobacco products in vending machines. There are two exceptions: when an establishment is open only to persons 18 years of age and older, or in an establishment that provides continuous control by the owner, licensee of the premises, or employee in order to activate the machine prior to each purchase.

Obviously, each state is going to have somewhat different laws, so there is no single correct answer.

 

[mjkacmom]

In the US, in all states, it is illegal for someone under the age of 18 to use, purchase, or possess tobacco products. Even if the minor is only carrying the cigarettes and not actually smoking, it's breaking the law.

I used to work in tobacco education.

Really? Here in NJ there are strict tobacco laws (19 is the minimum purchase age, and no smoking in public places), but I can't find anything regarding possession. I do remember hearing about a proposed bill a couple of years ago, about making it illegal for minors to smoke, but I never heard anything regarding it being a law.

 

[doxdogy]

Here in Florida I think it is illegal for them to possess and use, but please don't hold me to this answer.

 

[lpereira]

Don't know how it works other places but in South Carolina <- home of the lowest cigarette taxes in the nation -> it is illegal for a minor to possess, attempt to buy, buy or receive cigarettes.
While it doesn't specifically say you can't smoke as a minor I think the possession ban covers the smoking part.
There are penalties too. $25, successful completing a stop smoking program or tobacco education program, and /or community service. If the minor fails to do so the judge can move to restrict the minor's drivers license for 90 days. If the minor isn't of driving age at the time of the offense then the restriction starts from the first time they receive their drivers license. That part just bites cause you have to take the written and driving test and pass them so you can be told your license is restricted for 90 days.