How Old Do You Have to Be to Buy Cigarettes?

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‍how old to buy cigarettes
Cigarette smoking is a detrimental habit that leads to a myriad of health issues, making it a major concern for public health authorities. To curb the prevalence of smoking, many jurisdictions have implemented laws to regulate the sale of tobacco products, including determining the minimum legal sales age (MLSA). In this article, we will explore the MLSA laws for tobacco products, the impact of raising the age requirement, and the current state of these regulations.

Understanding the Impact of Tobacco Use

Tobacco use is widely recognized as the leading cause of preventable diseases, disabilities, and premature deaths in the United States. According to the U.S. Department of Health and Human Services, approximately 34 million adults in the country were regular cigarette smokers in 2019¹. Alarmingly, almost 90% of daily smokers start smoking before the age of 18¹. This early initiation of smoking increases the likelihood of nicotine dependence and reduces the chances of successful smoking cessation².

The Role of MLSA Laws in Tobacco Control

Recognizing the need to address youth access to tobacco products, the Synar Program was established in 1992, requiring states and territories to enact and enforce laws prohibiting the sale of tobacco products to individuals under the age of 18³. Compliance with the Synar Amendment is essential for states to receive federal substance abuse block grant funding³. However, in recent years, there has been a growing movement to raise the MLSA for tobacco products to 21 years.

Federal Tobacco 21

In 2019, the U.S. Congress passed legislation known as Tobacco 21 or T21, raising the federal MLSA for tobacco products from 18 to 21 years⁴. This comprehensive law prohibits the sale of any tobacco product, including cigarettes, cigars, and e-cigarettes, to individuals under the age of 21. It applies to all retail establishments and covers all states, territories, and tribal lands in the United States⁴. Notably, there are no exemptions for active duty military personnel or veterans between the ages of 18 and 20⁴.

The passage of the federal T21 law has led to updates in the Synar program. States and territories are now required to report illegal sales to individuals under 21 years of age, regardless of whether they have raised their own MLSA to 21⁵. This aligns with the goal of reducing youth access to tobacco products and curbing smoking initiation among adolescents.

State, Local, Tribal, and Territorial Actions

While the federal T21 law establishes a nationwide MLSA of 21 years, it does not prohibit states, localities, tribes, or territories from enacting more restrictive laws. In fact, some jurisdictions have taken additional measures to combat tobacco use by raising their MLSA even higher than 21 years. This flexibility allows individual regions to tailor their regulations to the specific needs and preferences of their communities.

According to the CDC State Tobacco Activities Tracking and Evaluation (STATE) System, as of December 31, 2023, 41 states, 3 territories, and the District of Columbia have enacted a MLSA of 21 years for purchasing any tobacco product⁶. Additionally, 19 states, 2 territories, and the District of Columbia had already raised their MLSA to 21 years prior to the passage of the federal T21 law⁶. However, it’s important to note that even in jurisdictions where the MLSA remains below 21 years, retailers are still required to comply with the federal law⁶.

To provide an overview of the MLSA laws across the United States, we have compiled a table showcasing the MLSA status for each state and territory⁶:

Location	MLSA Law
Alabama	Has increased MLSA to 21 years
Alaska	Has not increased MLSA to 21 years
American Samoa	Has not increased MLSA to 21 years
Arizona	Has not increased MLSA to 21 years
Arkansas	Has increased MLSA to 21 years
California	Has increased MLSA to 21 years
Colorado	Has increased MLSA to 21 years
Connecticut	Has increased MLSA to 21 years
Delaware	Has increased MLSA to 21 years
District Of Columbia	Has increased MLSA to 21 years
Florida	Has increased MLSA to 21 years
Georgia	Has increased MLSA to 21 years
Guam	Has increased MLSA to 21 years
Hawaii	Has increased MLSA to 21 years
Idaho	Has increased MLSA to 21 years
Illinois	Has increased MLSA to 21 years
Indiana	Has increased MLSA to 21 years
Iowa	Has increased MLSA to 21 years
Kansas	Has increased MLSA to 21 years
Kentucky	Has increased MLSA to 21 years
Louisiana	Has increased MLSA to 21 years
Maine	Has increased MLSA to 21 years
Marshall Islands	Has not increased MLSA to 21 years
Maryland	Has increased MLSA to 21 years
Massachusetts	Has increased MLSA to 21 years
Michigan	Has increased MLSA to 21 years
Minnesota	Has increased MLSA to 21 years
Mississippi	Has not increased MLSA to 21 years
Missouri	Has not increased MLSA to 21 years
Montana	Has not increased MLSA to 21 years
Nebraska	Has increased MLSA to 21 years
Nevada	Has increased MLSA to 21 years
New Hampshire	Has increased MLSA to 21 years
New Jersey	Has increased MLSA to 21 years
New Mexico	Has increased MLSA to 21 years
New York	Has increased MLSA to 21 years
North Carolina	Has not increased MLSA to 21 years
North Dakota	Has increased MLSA to 21 years
Northern Marianas	Has increased MLSA to 21 years
Ohio	Has increased MLSA to 21 years
Oklahoma	Has increased MLSA to 21 years
Oregon	Has increased MLSA to 21 years
Palau	Has increased MLSA to 21 years
Pennsylvania	Has increased MLSA to 21 years
Puerto Rico	Has not increased MLSA to 21 years
Rhode Island	Has increased MLSA to 21 years
South Carolina	Has not increased MLSA to 21 years
South Dakota	Has increased MLSA to 21 years
Tennessee	Has increased MLSA to 21 years
Texas	Has increased MLSA to 21 years
U.S. Virgin Islands	Has not increased MLSA to 21 years
Utah	Has increased MLSA to 21 years
Vermont	Has increased MLSA to 21 years
Virginia	Has increased MLSA to 21 years
Washington	Has increased MLSA to 21 years
West Virginia	Has not increased MLSA to 21 years
Wisconsin	Has not increased MLSA to 21 years
Wyoming	Has increased MLSA to 21 years

The Benefits of Raising the MLSA

Raising the MLSA for tobacco products to 21 years has been shown to have significant positive impacts on smoking prevalence and related health outcomes. A report by the National Academy of Medicine in 2015 predicted that increasing the MLSA would lead to substantial reductions in smoking rates and smoking-related deaths⁷. The study also highlighted the correlation between early smoking initiation and higher odds of nicotine dependence⁷.

By raising the MLSA, communities can create a barrier to prevent young individuals from accessing tobacco products during their most vulnerable years of experimentation. This delay in access provides an opportunity for these individuals to mature and make informed decisions about smoking, potentially leading to a lower overall smoking prevalence in the long run.

Moreover, aligning state and federal MLSA laws can enhance the clarity and effectiveness of enforcement efforts. When state laws are consistent with federal regulations, retailers and law enforcement officials can work together more seamlessly to prevent illegal tobacco sales to underage individuals. This coordination streamlines the enforcement process and ensures that retailers are aware of their responsibilities.

Impact on Smoking and Tobacco Use

Raising the MLSA to 21 years has yielded promising results in reducing smoking rates among young adults. According to a study published in the MMWR Morbidity and Mortality Weekly Report, individuals who start smoking regularly between the ages of 18 and 20 are more likely to develop nicotine dependence and less likely to quit smoking compared to those who start at age 21 or older². These findings underscore the importance of implementing MLSA laws that deter early smoking initiation.

Additionally, the CDC State Tobacco Activities Tracking and Evaluation (STATE) System provides interactive maps that display the current cigarette use among adults and youth, funding for tobacco control activities, and utilization of quitline services in each state⁶. These maps serve as valuable tools for policymakers and public health professionals to assess the effectiveness of MLSA regulations and develop targeted interventions.

Conclusion

Tobacco use continues to pose a significant threat to public health, particularly among young individuals. Implementing MLSA laws for tobacco products is a crucial step in curbing smoking initiation and reducing the prevalence of tobacco-related diseases. The federal Tobacco 21 law, along with state, local, tribal, and territorial actions, has raised the minimum age requirement for purchasing tobacco products to 21 years in many jurisdictions. These regulations have the potential to save lives and improve the overall health of communities across the United States.

As further research and evidence emerge, it is essential for policymakers and public health professionals to continue evaluating the effectiveness of MLSA laws and implementing evidence-based strategies to combat tobacco use. By working together, we can create a healthier and smoke-free future for generations to come.

References

Footnotes

1. US Department of Health and Human Services. The Health Consequences of Smoking-50 Years of Progress: A Report of the Surgeon General. Atlanta: US Department of Health and Human Services, Centers for Disease Control and Prevention; 2014. ↩ ↩²
2. Ali FRM, Agaku IT, Sharapova SR, Reimels EA, Homa DM. Onset of regular smoking before age 21 and subsequent nicotine dependence and cessation behavior among US adult smokers. Prev Chronic Dis. 2020; 17:190176. DOI: http://dx.doi.org/10.5888/pcd17.190176. ↩ ↩²
3. Substance Abuse and Mental Health Services Administration. Revision to SAMHSA’s Synar Guidance on Tobacco Regulation. Washington, DC: US Department of Health and Human Services; 2020. https://www.samhsa.gov/sites/default/files/synar-guidance-tobacco-21.pdf. ↩ ↩²
4. Food and Drug Administration. Tobacco 21 website. https://www.fda.gov/tobacco-products/retail-sales-tobacco-products/tobacco-21. ↩ ↩² ↩³
5. Marynak K, Mahoney M, Williams KS, Tynan MA, Reimels E, King BA. State and Territorial Laws Prohibiting Sales of Tobacco Products to Persons Aged <21 years – United States, December 20, 2019. MMWR Morb Mortal Wkly Rep. 2020; 69:189-192. DOI: http://dx.doi.org/10.15585/mmwr.mm6907a3. ↩
6. Centers for Disease Control and Prevention. CDC State Tobacco Activities Tracking and Evaluation (STATE) System. CDC STATE System Tobacco Legislation–Youth Access website. https://www.cdc.gov/STATESystem/. Accessed February 27, 2024. ↩ ↩² ↩³ ↩⁴ ↩⁵
7. Institute of Medicine. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press; 2015. ↩ ↩²