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Is the smoking age a state law, or a federal dictate? And if it is a state law, does is say anyone 18+ may use it, or does it say anyone under 18 may not?
I seem to recall a while back the law was such that anyone could use tobacco products, but a person had to be 18 to buy it. Then it changed a while back (10-15 years) to outlaw use by those under 18.
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Doesn't state law preempt this?
-- Chuck
Is the smoking age a state law, or a federal dictate? And if it is a state law, does is say anyone 18+ may use it, or does it say anyone under 18 may not?
I seem to recall a while back the law was such that anyone could use tobacco products, but a person had to be 18 to buy it. Then it changed a while back (10-15 years) to outlaw use by those under 18.
Here is something of interest from
http://publichealthlawcenter.org/sites/default/files/resources/tclc-fda-impact.pdf
"Establishes 18 as a federal nationwide minimum age for legal cigarette and smokeless
tobacco sales with strong federal penalties, including the loss of the right to sell tobacco
products for chronic, repeat offenders (with no preemption of existing state laws or
penalties, and preserving state authority to impose higher minimum-age laws)"
It is also interesting that some states (like Alabama, Alaska, and Utah) have a minimum age of 19 years old to buy tobacco.