There seems
to be a law against age?
The other day
our current governor of the commonwealth has signed a new law rising the age
from 18 -> 21 years of age for those allowed to purchase (and thus the use)
of a pack of cigarettes or cigars or alternative nicotine products.
There is no
preemption language present in state law keeping localities from raising the
Minimum Legal Sales Age (MLSA) to 21
Here is a
synopsis of the new law:
HB 2748 Tobacco products, nicotine vapor
products, etc.; purchase, possession, and sale.
Purchase,
possession, and sale of tobacco products, nicotine vapor products, and
alternative nicotine products; minimum age requirements; penalties. Increases
the minimum age for persons prohibited from purchasing or possessing tobacco
products, nicotine vapor products, and alternative nicotine products, and the
minimum age for persons such products can be sold to, from 18 years of age to
21 years of age with an exception for active duty military personnel. The bill
also allows tobacco products, nicotine vapor products, and alternative nicotine
products to be sold from a vending machine if there is posted notice of the
minimum age requirements and the machine is located in a place that is not open
to the general public and not generally accessible to persons under 21 years of
age. Under current law, tobacco products may be sold from a vending machine if
there is posted notice of the minimum age requirements and the machine is
located in a place that is not open to the general public and not generally
accessible to minors. This bill is identical to SB 1727.
Here is a
detail of what the General Assembly of Virginia passed and the governor signed:
VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to
amend and reenact §§ 18.2-246.8,
18.2-246.10,
and 18.2-371.2
of the Code of Virginia, relating to purchase, possession, and sale of tobacco
products, nicotine vapor products, and alternative nicotine products; minimum
age requirements; penalties.
[H 2748]
Approved
Be it
enacted by the General Assembly of Virginia:
1. That §§ 18.2-246.8, 18.2-246.10, and 18.2-371.2 of the Code of
Virginia are amended and reenacted as follows:
§ 18.2-246.8. Age
verification requirements.
A. No
person shall mail, ship, or otherwise deliver cigarettes in connection with a
delivery sale unless prior to the first delivery sale to a consumer such
person:
1. Obtains
from the prospective consumer a certification that includes (i) a reliable
confirmation that the consumer is at least the legal minimum purchase age, and
(ii) a statement signed by the prospective consumer in writing that certifies
the prospective consumer's address and that the consumer is at least 18 21
years of age. Such statement shall also confirm (a) that the prospective
consumer understands that signing another person's name to such certification
is illegal, (b) that the sale of cigarettes to individuals under the legal
minimum purchase age is illegal, and (c) that the purchase of cigarettes by
individuals under the legal minimum purchase age is illegal under the laws of
the Commonwealth;
2. Makes a
good faith effort to verify the information contained in the certification
provided by the prospective consumer pursuant to subsection A against a
commercially available database of valid, government-issued identification that
contains the date of birth or age of the individual placing the order, or
obtains a photocopy or other image of the valid, government-issued
identification stating the date of birth or age of the individual placing the
order;
3. Provides
to the prospective consumer, via e-mail or other means, a notice that meets the
requirements of § 18.2-246.9;
and
4. Receives
payment for the delivery sale from the prospective consumer by a credit or
debit card that has been issued in such consumer's name or by a check drawn on
the consumer's account.
B. Persons
accepting purchase orders made via the Internet for delivery sales may request
that prospective consumers provide their e-mail addresses.
§ 18.2-246.10. Shipping
requirements.
Each person
who mails, ships, or otherwise delivers cigarettes in connection with a
delivery sale:
1. Shall
include as part of the shipping documents a clear and conspicuous statement
providing as follows: "Cigarettes: Virginia Law Prohibits Shipping to
Individuals Under 18 21, and Requires the Payment of all Applicable
Taxes";
2. Shall
use a method of mailing, shipping, or delivery that obligates the delivery service
or any party making delivery to require (i) the consumer placing the purchase
order for the delivery sale, or an adult of legal minimum purchase age, to sign
to accept delivery of the shipping container, and (ii) proof, in the form of a
valid, government-issued identification bearing a photograph of the individual
who signs to accept delivery of the shipping container, demonstrating that he
is either the addressee who is of legal minimum purchase age or another adult
of legal minimum purchase age. However, proof of the legal minimum purchase age
shall be required only if such individual appears to be under 27 years of age;
and
3. Shall
provide to the delivery service retained for such delivery sale evidence of
full compliance with § 18.2-246.12.
§ 18.2-371.2. Prohibiting
purchase or possession of tobacco products, nicotine vapor products, and
alternative nicotine products by a person under 21 years of age or sale of
tobacco products, nicotine vapor products, and alternative nicotine products to
persons under 21 years of age.
A. No
person shall sell to, distribute to, purchase for, or knowingly permit the
purchase by any person less than 18 21 years of age, knowing or having reason
to believe that such person is less than 18 21 years of age, any tobacco
product, nicotine vapor product, or alternative nicotine product.
Tobacco
products, nicotine vapor products, and alternative nicotine products may be
sold from a vending machine only if the machine is (i) posted with a notice, in
a conspicuous manner and place, indicating that the purchase or possession of
tobacco products by minors persons under 21 years of age is unlawful and (ii)
located in a place which that is not open to the general public and is not
generally accessible to minors persons under 21 years of age. An establishment
which that prohibits the presence of minors persons under 21 years of age
unless accompanied by an adult a person 21 years of age or older is not open to
the general public.
B. No
person less than 18 21 years of age shall attempt to purchase, purchase, or
possess any tobacco product, nicotine vapor product, or alternative nicotine
product. The provisions of this subsection shall not be applicable to the
possession of tobacco products, nicotine vapor products, or alternative
nicotine products by a person less than 18 21 years of age making a delivery of
tobacco products, nicotine vapor products, or alternative nicotine products in
pursuance of his employment. This subsection shall not apply to purchase,
attempt to purchase, or possession by a law-enforcement officer or his agent
when the same is necessary in the performance of his duties.
C. No
person shall sell a tobacco product, nicotine vapor product, or alternative
nicotine product to any individual who does not demonstrate, by producing a
driver's license or similar photo identification issued by a government agency,
that the individual is at least 18 21 years of age. Such identification is not
required from an individual whom the person has reason to believe is at least
18 21 years of age or who the person knows is at least 18 21 years of age.
Proof that the person demanded, was shown, and reasonably relied upon a photo
identification stating that the individual was at least 18 21 years of age
shall be a defense to any action brought under this subsection. In determining
whether a person had reason to believe an individual is at least 18 21 years of
age, the trier of fact may consider, but is not limited to, proof of the
general appearance, facial characteristics, behavior, and manner of the
individual.
This
subsection shall not apply to mail order or Internet sales, provided that the
person offering the tobacco product, nicotine vapor product, or alternative
nicotine product for sale through mail order or the Internet (i) prior to the
sale of the tobacco product, nicotine vapor product, or alternative nicotine
product verifies that the purchaser is at least 18 21 years of age through a
commercially available database that is regularly used by businesses or
governmental entities for the purpose of age and identity verification and (ii)
uses a method of mailing, shipping, or delivery that requires the signature of
a person at least 18 21 years of age before the tobacco product, nicotine vapor
product, or alternative nicotine product will be released to the purchaser.
D.
The provisions of subsections B and C shall not apply to the sale,
giving, or furnishing of any tobacco product, nicotine vapor product, or
alternative nicotine product to any active duty military personnel who are 18
years of age or older. An identification card issued by the Armed Forces of the
United States shall be accepted as proof of age for this purpose.
E. A
violation of subsection A or C by an individual or by a separate retail
establishment that involves a nicotine vapor product, alternative nicotine
product, or tobacco product other than a bidi is punishable by a civil penalty
not to exceed $100 for a first violation, a civil penalty not to exceed $200
for a second violation, and a civil penalty not to exceed $500 for a third or
subsequent violation.
A violation
of subsection A or C by an individual or by a separate retail establishment
that involves the sale, distribution, or purchase of a bidi is punishable by a
civil penalty in the amount of $500 for a first violation, a civil penalty in
the amount of $1,000 for a second violation, and a civil penalty in the amount
of $2,500 for a third or subsequent violation. Where a defendant retail
establishment offers proof that it has trained its employees concerning the
requirements of this section, the court shall suspend all of the penalties
imposed hereunder. However, where the court finds that a retail establishment
has failed to so train its employees, the court may impose a civil penalty not
to exceed $1,000 in lieu of any penalties imposed hereunder for a violation of
subsection A or C involving a nicotine vapor product, alternative nicotine product,
or tobacco product other than a bidi.
A violation
of subsection B is punishable by a civil penalty not to exceed $100 for a first
violation and a civil penalty not to exceed $250 for a second or subsequent
violation. A court may, as an alternative to the civil penalty, and upon motion
of the defendant, prescribe the performance of up to 20 hours of community
service for a first violation of subsection B and up to 40 hours of community
service for a second or subsequent violation. If the defendant fails or refuses
to complete the community service as prescribed, the court may impose the civil
penalty. Upon a violation of subsection B, the judge may enter an order
pursuant to subdivision A 9 of § 16.1-278.8.
Any
attorney for the Commonwealth of the county or city in which an alleged
violation occurred may bring an action to recover the civil penalty, which
shall be paid into the state treasury. Any law-enforcement officer may issue a
summons for a violation of subsection A, B, or C.
E. F. 1.
Cigarettes shall be sold only in sealed packages provided by the manufacturer,
with the required health warning. The proprietor of every retail establishment
that offers for sale any tobacco product, nicotine vapor product, or
alternative nicotine product shall post in a conspicuous manner and place a
sign or signs indicating that the sale of tobacco products, nicotine vapor
products, or alternative nicotine products to any person under 18 21 years of
age is prohibited by law. Any attorney for the county, city, or town in which
an alleged violation of this subsection occurred may enforce this subsection by
civil action to recover a civil penalty not to exceed $50. The civil penalty
shall be paid into the local treasury. No filing fee or other fee or cost shall
be charged to the county, city, or town which instituted the action.
2. For the
purpose of compliance with regulations of the Substance Abuse and Mental Health
Services Administration published at 61 Federal Register 1492, the Department
of Agriculture and Consumer Services may promulgate regulations which allow the
Department to undertake the activities necessary to comply with such
regulations.
3. Any
attorney for the county, city, or town in which an alleged violation of this
subsection occurred may enforce this subsection by civil action to recover a
civil penalty not to exceed $100. The civil penalty shall be paid into the
local treasury. No filing fee or other fee or cost shall be charged to the county,
city, or town which instituted the action.
F. G.
Nothing in this section shall be construed to create a private cause of action.
G. H.
Agents of the Virginia Alcoholic Beverage Control Authority designated pursuant
to § 4.1-105
may issue a summons for any violation of this section.
H. I. As
used in this section:
"Alternative
nicotine product" means any noncombustible product containing nicotine
that is intended for human consumption, whether chewed, absorbed, dissolved, or
ingested by any other means. "Alternative nicotine product" does not
include any nicotine vapor product, tobacco product, or product regulated as a
drug or device by the U.S. Food and Drug Administration (FDA) under Chapter V
(21 U.S.C. § 351 et seq.) of the Federal Food, Drug, and Cosmetic Act.
"Bidi"
means a product containing tobacco that is wrapped in temburni leaf (diospyros
melanoxylon) or tendu leaf (diospyros exculpra), or any other product that is
offered to, or purchased by, consumers as a bidi or beedie.
"Nicotine
vapor product" means any noncombustible product containing nicotine that
employs a heating element, power source, electronic circuit, or other
electronic, chemical, or mechanical means, regardless of shape or size, that
can be used to produce vapor from nicotine in a solution or other form.
"Nicotine vapor product" includes any electronic cigarette,
electronic cigar, electronic cigarillo, electronic pipe, or similar product or
device and any cartridge or other container of nicotine in a solution or other
form that is intended to be used with or in an electronic cigarette, electronic
cigar, electronic cigarillo, electronic pipe, or similar product or device.
"Nicotine vapor product" does not include any product regulated by
the FDA under Chapter V (21 U.S.C. § 351 et seq.) of the Federal Food, Drug,
and Cosmetic Act.
"Tobacco
product" means any product made of tobacco and includes cigarettes,
cigars, smokeless tobacco, pipe tobacco, bidis, and wrappings. "Tobacco
product" does not include any nicotine vapor product, alternative nicotine
product, or product that is regulated by the FDA under Chapter V (21 U.S.C. §
351 et seq.) of the Federal Food, Drug, and Cosmetic Act.
"Wrappings"
includes papers made or sold for covering or rolling tobacco or other materials
for smoking in a manner similar to a cigarette or cigar.
If you are
still awake after all of that, you better be 21 before you light up.
Now there
are plenty of reasons for what was the cash cow of the commonwealth to have so
many restrictions on consumption but you can read the medical information and
note all the ‘No Smoking’ signs but this raise in age means you are not old
enough to smoke.
My mother
used to give the excuse of “You are not old enough”. Now the government is my
mother.
Federal law
requires someone to be at least 21 to buy a handgun from a licensed dealer, but
only 18 in most places to buy a long gun. In some states — mostly rural places
with a strong tradition of hunting — you can buy a rifle at the age of 14 or
16.
Learner’s
Permit must be held for 180 days and learner must be 16 and 90 days before
getting a restricted license. If the learner is younger than 18 years of age on
receiving the driver's license, it is considered probationary.
A Minimum
Legal Drinking Age (MLDA) of 21 saves lives and protects health. Minimum Legal
Drinking Age (MLDA) laws specify the legal age when an individual can purchase
or publicly consume alcoholic beverages. The MLDA in the United States is 21
years.
Age of Consent
across the United States. The legal age of consent varies from 16 to 18 years
old from state to state across the United States. In some states, a “close in
age exemption” exists to decriminalize consensual sex between two individuals
who are both under the age of consent.
Tattooing of a Minor - Establishes that it is illegal to
tattoo anyone under age 18. Body
Piercing of a Minor - Requires prior written consent of a minor’s parent or
legal guardian to perform body piercing on anyone under age 18.
So what is
the legal age to become an adult?
Coming of
age is a young person’s transition from being a child to being an adult. It
continues through the teenage years of life. The certain age at which this
transition takes place changes in society, as does the nature of the change. It
can be a simple legal convention or can be part of a ritual or spiritual event,
as practiced by many societies. In the past, and in some societies today, such
a change is associated with the age of sexual maturity (early adolescence),
especially menarche and spermaceti. In others, it is associated with an age of
religious responsibility. Particularly in western societies, modern legal
conventions that stipulate points in late adolescence or early adulthood (most
commonly 18-21 when adolescents are generally no longer considered minors and
are granted the full rights and responsibilities of an adult) are the focus of
the transition. In either case, many cultures retain ceremonies to confirm the
coming of age, and stories that are told in film are called coming-of-age
films. And likewise there are also coming-of-age comics.
The age of
majority is the threshold of adulthood as recognized or declared in law. It is
the moment when minors cease to be considered such and assume legal control
over their persons, actions, and decisions, thus terminating the control and
legal responsibilities of their parents or guardian over them. Most countries
set the age of majority at 18. The word majority here refers to having greater
years and being of full age as opposed to minority, the state of being a minor.
The law in a given jurisdiction may not actually use the term “age of majority”.
The term typically refers to a collection of laws bestowing the status of
adulthood. The age of majority does not necessarily correspond to the mental or
physical maturity of an individual.
Age of
majority should not be confused with the age of maturity, age of sexual
consent, marriageable age, school-leaving age, drinking age, driving age,
voting age, smoking age, gambling age, etc., which each may be independent of
and set at a different age from the age of majority.
Although a
person may attain the age of majority in a particular jurisdiction, they may
still be subject to age-based restrictions regarding matters such as the right
to vote or stand for elective office, act as a judge, and many others.
At an age
where 9/10’s of those laws have been broken, wonders why not make the age
restriction to suck in nicotine smoke about 50? Working in a coalmine about 60?
Chemical or nuclear plant about 65? Joining the army about 70? If you job is
nothing more than collecting bullets, why should the young suffer?
As we all
know, if you tell a kid they can’t do that, they will try to do that. These
experiences is what is called “growing up”. No matter what legislative
restrictions are written, our species like speed, aggressiveness, violence,
mind alternation and sex. No matter how many laws are passed, we will find a
way. Look at prohibition.
The cost of
a pack of cigarettes is about $5.50 or so for 20 cigs, but the price has
stopped people from partaking. Those label warnings on each and every pack are
ignored.
Pubescence
or pre-teen is the age for exploring drink, drugs, smoking, sex and all the
other restricted activities. Some may be more difficult to acquire, but this is
a time for adventure.
Every day in
the news there are reports of people dying of cancer but no one stops the production
of cigarettes. Every day in the news there are reports of sexual assaults but
the church is not the sanctuary. Every day there are shootings but no one stops
making bullets.
“Hey buddy,
you got a match?”
