You Are Not Old Enough

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?”