Tobacco 21 Law Take Effect October 1st

Maryland’s new Tobacco 21 (T21) law takes effect on October 1st, increasing the minimum sales age for all tobacco products to 21 years of age. This includes sales of all traditional tobacco products, as well as electronic smoking devices.

The list of tobacco products defined in the law is very extensive, including cigarettes, cigars, pipe tobacco, chewing tobacco, snuff, snus, electronic smoking devices, such as e-cigarettes, vapes, pod devices such as JUUL®, and filters, rolling papers, pipes and liquids used in electronic smoking devices, regardless of nicotine content, as well as accessories and components.

Raising the sales age to 21 is intended to help reduce youth access to e-cigarettes and other tobacco products because of the 78 percent jump in usage by U.S. high school students in just one year. Reducing access also reduces the likelihood of teens ever starting to use tobacco, since most adults who smoke or use tobacco started by age 21.

The new law applies to every jurisdiction and can be enforced by the Maryland Department of Health, local health departments, and local law enforcement agencies. Penalties for selling tobacco products to individuals under 21 years of age can include criminal and civil fines: $300 for first violation; $1,000 for a second violation within two years; and $3,000 for each subsequent violation within two years of the preceding violation. Civil fines are the responsibility of the retailer, while criminal fines are the responsibility of the individual or entity that received the criminal citation.

The only exemption to the T21 law is for active duty military who are at least 18 years of age who show a valid military identification card (Common Access Card). This exemption does not apply to active duty military family members or to National Guard or Reserves.

The Maryland Responsible Tobacco Retailer Program of Maryland Department of Health has developed a website and toolkits to assist retailers with following the law. Toolkit materials can be downloaded from www.NoTobaccoSalesToMinors.com and hard copies of the kits will be mailed to retailers in the next several weeks.

To comply with the T21 law, retailers need to: display new T21 signage in a clearly visible location (available in toolkit); use a driver’s license or government-issued ID to verify customer age; and train all staff on the appropriate steps to follow for every tobacco sale. Those steps are (1) ask for valid ID for everyone under 27 attempting to purchase tobacco products (federal law), (2) check ID to make sure each customer is at least 21; (3) refuse to sell tobacco products to everyone under 21 (except active duty military with valid ID).

Although the new law removed the penalty for the purchase, use, or possession of tobacco products by those under the age of 21, a student caught using or possessing these products may be disciplined in accordance with school policy for violating a rule on campus.

The Garrett County Health Department holds free tobacco cessation classes which are open to users of all types of tobacco, including electronic smoking devices. The next class begins on Wednesday, October 3rd, in the Garrett County Health Department conference room in Oakland at 5:30 p.m. This 6-week class includes free cessation aids and other resources.

The Maryland Tobacco Quitline is also available at 1-800-QUIT-NOW, giving tobacco users access to a “Quitting Coach” for help seven days a week.

For more information about the new law, upcoming class, or to register, contact the Garrett County Health Department at 301-334 7730 or 301-895-3111. The classes, cessation aids, and Maryland Tobacco Quitline are funded by the Maryland Cigarette Restitution Fund Program.

By Diane Lee, Public Information Officer, Garrett County Health Department