legal smoking age in california under 18??

[guest 606]

so i've read some posts here that says its illegal to purchase but legal to smoke if you are under 18? anyone want to clear this up, por favor

[greektrash4lyf]

im pretty sure its still illegal to smoke under 18

[Glottis]

I'm [i]still[/i] trying to find some evidence on this. Every site that has a list of smoking laws seems to avoid saying either way. This might be because these sites are all anti-smoking, and they would kinda ruin their message if they plainly said that minors could smoke in CA. Example: [url="http://www.cancer.org/docroot/PED/content/PED_10_12_Smoking_Legislation.asp?sitearea=PED"]http://www.cancer.org/docroot/PED/content/...sp?sitearea=PED[/url]This site has a list of "penalties to minors", and I found it slightly confusing. Anyway, all it says about CA is that "Eight states–California, Florida, Minnesota, Ohio, Oklahoma, Texas,
Vermont, and Wisconsin–may suspend the driver's license of a minor who
violates their youth access law." However, as far as I know, the youth access law is the law preventing sale of tobacco to minors, not laws against minors smoking. I'm still looking for information.edit: also, if you google stuff like "california smoking age laws" you will see links to tons of site saying things like "california considering raising smoking age to 21" but in fact they are talking about raising the purchase age. I still check the articles, though.

[Scheetz]

make it easy go check the federal law, not state.  Just because it
says for example: legal drinking age for Virginia 18, doesnt mean you
follow that law. Because the federal law states you must be 21. Fed
overpowers state.  So if its a federal law that says you must be
18 to purchase and smoke tobacco, which i believe it is, then Cali laws
mean nothing.

However, all the state can do is raise it above what fed says and they
you follow that. So if they wanted their drinking age moved to 35 well
they could.

[nuschultz]

I am talking to someone from the NYS Dept of Health, she is sending me the information now.

[nuschultz]

Ok, just got the email I was looking for.  All of this is NY law.  Check your own local laws.Background:  Basically, the laws for sale all fall under the business side of things.  A business can not legally sell tobacco to a minor (person under the age of 18).  There are no laws that prevent a minor from posessing or using tobacco on the books.Article 13-F of NY Public Health Law:* S 1399-cc. Sale of tobacco products, herbal cigarettes,
rolling papers or pipes to minors prohibited.Same Section, Subsection 22. Any person operating a place of business
wherein tobacco products or herbal cigarettes are sold or offered for sale is
prohibited from selling such products, herbal cigarettes, rolling papers or
pipes to individuals under eighteen years of age, and shall post in a
conspicuous place a sign upon which there shall be imprinted the following
statement, "SALE OF CIGARETTES, CIGARS, CHEWING TOBACCO, POWDERED TOBACCO,
OR OTHER TOBACCO PRODUCTS, HERBAL CIGARETTES, ROLLING PAPERS OR PIPES, TO
PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW." Such sign shall
be printed on a white card in red letters at least one-half inch in height.

  S 1399-hh. Tobacco enforcement.  The commissioner shall develop, plan and
implement a comprehensive program to reduce the prevalence of tobacco use,
particularly among persons less than eighteen years of age.

My Interpretation on 1399-hh:  They aren't going to stop you from using it, but there are programs in place to help you quit, if you choose to.I hope this helps guys.  This is a debate we have had here time and time again.  Perhaps a sticky is needed?

[MrGuy]

Ye, someone should sticky tobacco laws in different countries (e.g. UK USA etc.)

[Scheetz]

Its illegal to smoke under the age of 18 or buy. Its just there is so
much paper work involved to bring in a kid who is underage that its not
worth it.

Havent you guys had a buddy who was let go just because he only had 1
joint on him. The cop doesnt want to waste 4 hours of his time for
nothing, paper work sucks nobody wants to do it.  If its something
stupid they will let you go. Just like smoking underage.

[nuschultz]

In the USA, tobacco purchase is a state law, not a federal one.  However, if a state chooses not to set its minimum age for tobacco purchase to 18, they lose out on grants and funding from the federal government.  This is how the US goes about having a "hands off" government.

[Scheetz]

yes this is true, but its still a "federal law". Thats how they control
things.  Hands off approach just makes the state look bad instead
of the government.

IF you do this according to the fed rules, then we give you X amount of
money and funding. IF you dont do this, then you will not receive any
funding.

[Glottis]

[quote name='Scheetz']make it easy go check the federal law, not state.  Just because it
says for example: legal drinking age for Virginia 18, doesnt mean you
follow that law. Because the federal law states you must be 21. Fed
overpowers state.  So if its a federal law that says you must be
18 to purchase and smoke tobacco, which i believe it is, then Cali laws
mean nothing.

However, all the state can do is raise it above what fed says and they
you follow that. So if they wanted their drinking age moved to 35 well
they could.[/quote]I don't think you really understand how it works. Here's a case in point: Alaska has laws legalizing posession of small amounts of marijuana, and yet it is federally illegal to posess marijuana. This means that a federal officer can bust you for carrying it (i.e. FBI), but local cops will not. Same goes with medicinal marijuana, those places get busted periodically by the feds and nobody can do anything about it. As far as legality goes, federal law is superior, yet as far as enforcement goes, the most local form of goverment presides. Or in the case of alcohol laws, in which there is no federal purchasing law, the state laws preside. Here's another good example: does anyone remember when San Francisco legalized gay marriage, even though on a state level, it is illegal? They were able to do it until the state government came in and set things straight. So before the state government came in, nobody in SF would stop gay people from getting married, but state legislation has power. Sorry if this isn't making any sense.[b]but ANYWAY, there isn't a federal law pertaining to whether or not minors can smoke tobacco, only if they can purchase it, so it's not illegal unless the state / county has created laws saying so. And as far as I can tell, California has not.[/b]

[Sonthert]

Actually, I remmber something vaguely about California used to allow the sale of cigarettes to minors in the correctional system until 2003 or 2004, but they changed that...which would imply it is legal, they just stopped selling them...I don't know for sure, though.