U.S. history of tobacco minimum purchase age by state

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Main article: Smoking age
Minimum age to purchase tobacco in North America as of December 2019:
  Minimum age is 21
  Minimum age is 19
  Minimum age is 18

The minimum purchase age for tobacco in the United States before 2019 varied by state and territory. Since December 2019, the smoking age in all states and territories is 21 after federal law was passed in Congress and signed by President Donald Trump in December 2019.

History[]

See also: Tobacco 21
Minimum age to purchase tobacco in the United States prior to 2020:
  Minimum age was 21
  Minimum age was 19
  Minimum age was 18
Minimum age to purchase tobacco in the United States as of 1989:
  Minimum age was 19
  Minimum age was 18
  Minimum age was 17
  Minimum age was 16
  No set minimum age

In the United States, laws regarding the minimum age to purchase and consume tobacco products have been made by states, territories, the District of Columbia and the federal government. Before 1992, states had the sole power to enforce their own minimum ages. These laws first appeared in the late 19th-century, with New Jersey becoming the first state to set a minimum purchase age of sixteen in 1883.[1] By 1920, around half of states had their minimum purchase age of twenty-one and some simply prohibited "minors" (ages 14–24) from purchasing.[1] During the 1920s, due to tobacco industry lobbying, the minimum ages were lowered across the U.S. and ranged from sixteen to nineteen.[1] By 1939, all states had age restrictions for tobacco.[1] However, these laws kept changing throughout the 1950s, with Maryland repealing its age restrictions. The American Cancer Society recommended the minimum age of eighteen in 1963, the American Medical Association recommended twenty-one in 1985,[2] and the United States Department of Health and Human Services Office of the Inspector General recommended nineteen or twenty-one.[3]

State tobacco laws partly changed in 1992 under the Bill Clinton administration when Congress enacted the Synar Amendment, forcing states to create their own laws to have a minimum age of eighteen to purchase tobacco or else lose funding from the Substance Abuse and Mental Health Services Administration.[4] The amendment was passed in response to the teenage smoking rates.[5] All states raised their ages to either eighteen or nineteen by 1993. In 1997, the Food and Drug Administration enacted regulations making the federal minimum age eighteen,[6] though later the U.S. Supreme Court later terminated the FDA's jurisdiction over tobacco, ending its enforcement practices and leaving it up to states.[7]

In 2009, the Family Smoking Prevention and Tobacco Control Act was enacted under the Barack Obama administration, once again setting a federal minimum age of eighteen and prohibited the FDA from setting a higher minimum purchase age.[8] From 1993 to 2012, the smoking age in all states was either eighteen or nineteen. In 2005, the town of Needham, Massachusetts became the first jurisdiction in the country to raise the minimum purchase age to 21.[9] Between 2012 to 2015, local municipalities across the U.S. began raising their smoking ages to twenty-one, with Hawaii becoming the first state to raise its age to twenty-one in 2015.[10] This began the shift in states eventually raising their ages to twenty-one due to teenage vaping crisis.[11] By 2019, eighteen states had their minimum purchase ages at twenty-one, thirty states had their ages at eighteen, two had it at nineteen and the District of Columbia had it at twenty-one. On December 20, 2019, with the enactment of the Appropriations for Fiscal Year 2020 signed by President Donald Trump, the federal smoking age was raised to twenty-one by changing the minimum purchase age in the 1992 Synar Amendment.[12] The United States Department of Defense followed, raising the age to purchase tobacco to twenty-one on military bases in the U.S. and abroad.[13]

Laws by state[]

Regulations by state:
State/territory Smoking age Purchase age Notes
 Alabama
19[14]
It is illegal to sell or give tobacco products to anyone under the age of 19 years. Minors are prohibited from using and possessing tobacco products.
The minimum age was introduced in 1896.[15]
 Alaska None 19[16][17] It is illegal to sell or give tobacco products to anyone under the age of 19 years. Possession by minors is prohibited. The minimum age requirement does not apply to a person who is a prisoner at an adult correctional facility.[18]
The minimum age of 16 years was introduced in 1978.
The minimum age was raised from 16 to 19 in 1988.[15]
None 21[19]
 Sitka has raised their tobacco sales age to 21.
 American Samoa 18
 Arizona 18 It is illegal to sell and give tobacco products or smoking equipment to anyone under the age of 18.[20] It is illegal for a minor to be in possession of tobacco or smoking equipment, or to receive them.[20] There was no change in Arizona law despite the change in federal law in 2019.[21]
 Arkansas 21 (State law exempts US Military members between 18–20 and individuals born on or before December 31, 2000) It is illegal to give or sell tobacco to anyone under the age of 21 years with a US Military exemption for those between 18 and 20 and individuals born on or before December 31, 2000.[22]
 California None[23][24] 21 (US Military exemption for those between 18 and 20)[25][26] As of 9 June 2016, it is illegal to sell or furnish tobacco to a person under 21 years of age, with an exception for people in active military service who are 18 years old. Before this date, the age to purchase tobacco was 18 years of age.
 Colorado None 21[27] It is illegal to sell, give or distribute tobacco products to anyone under 21 years of age.
 Connecticut None 21[28][29] Is illegal to sell or give tobacco products to anyone under 21, since 1 October 2019. It is illegal for individuals under 21 to possess tobacco in public.
A minimum age of 16 was introduced in 1902.
The minimum age was raised from 16 to 18 in 1987 and from 18 to 21 in October 2019. In June 2019, the Connecticut General Assembly passed, and the Governor of Connecticut signed, a bill into law banning the sale, giving or otherwise distributing tobacco products to anyone under the age of 21 years. Minors under the age of 21 years are explicitly not allowed to attempt to purchase tobacco or to be in the possession of tobacco products. The law took effect on 1 October 2019.[28][15]
 Delaware 21[30] In April 2019, the Delaware General Assembly passed and the Governor of Delaware signed a bill into law banning the sale, giving or otherwise distributing tobacco products to anyone under the age of 21 years. Minors under the age of 21 years are explicitly not allowed to attempt to purchase tobacco or to be in the possession of tobacco products. The laws went into effect from 1 August 2019.
The minimum age of 17 years was introduced in 1953, then increased from 17 to 18 in 1992 and increased again from 18 to 21 in 2019.[30]
 Florida 21 It is illegal to sell or give tobacco products to anyone under the age of 21 per Florida Statutes Sec. 569.101 and 569.11.[31] In 2020, a bill was passed by the legislature and vetoed by Governor Ron DeSantis that would have raised the purchase age to 21.[32] The same bill was reintroduced in the 2021 legislative session, which it was passed and signed into law by Governor DeSantis on May 7, 2021.[33][34]
 Georgia 21[35] It is illegal to sell or give tobacco products to anyone under the age of 21. It is illegal for anyone under 21 to possess tobacco products.
The minimum age of 17 years was introduced in 1987.
The minimum age was raised from 17 to 18 in 1993.[15][36] The minimum age was raised from 18 to 21 in 2020.
 Guam 21 The minimum age was raised from 18 to 21, as of 1 January 2018.[37]
 Hawaii 21[38][39] It is illegal to sell or furnish tobacco to a person under 21 years of age. It is also illegal for a person under 21 years of age to attempt to purchase tobacco.

The minimum age of 15 years was introduced on 11 November 1890.[40]
The minimum age was raised from 15 to 18 on 1 January 1988.[41]
The minimum age was raised from 18 to 21 on 1 January 2016.[42]

 Idaho 18 [43]
 Illinois None[44] 21[44] Since 1 July 2019 – the minimum age to purchase tobacco products and cigarettes within Illinois was raised from 18 to 21.[45]
 Indiana None 21[46] Giving, selling, providing and distributing tobacco to minors is illegal. Minors may not possess, accept or purchase tobacco. Minors are not allowed to enter a tobacco business, defined in state law as a business whose primary activity is the sale of tobacco products and accessories. On 18 March 2020, Indiana raised its smoking age to 21.
The minimum age of 16 years was introduced in 1980.
The minimum age was raised from 16 to 18 in 1987.[15]
 Iowa 21[47] It is illegal for anyone under 21 to be in possession of tobacco, to smoke in public or to purchase tobacco products. It is illegal to sell or distribute tobacco to anyone under the age of 21 years.
 Kansas None 18[48] It is illegal to sell or supply tobacco to a minor. Minors may not possess, purchase, or attempt to possess or purchase tobacco.
None 21[49]
 Nineteen cities in Kansas, including Overland Park and Olathe, have raised their tobacco sales age to 21.
 Kentucky 21[50] It is illegal to sell or supply tobacco to anyone under 21. Anyone under 21 may not purchase or possess tobacco products. On 26 March 2020, Kentucky raised the smoking age from 18 to 21. Prior to 1990 Kentucky had no minimum age to purchase tobacco. From 1990 until 1992 the minimum age was 16 years.
In 1992 the age was raised from 16 to 18 years of age.[36]
 Louisiana None 21[51] It is illegal to sell or distribute tobacco to a minor. A minor is not permitted to possess tobacco, except in private residences or if accompanied by a parent, spouse, or legal guardian 21 years of age or older.
Prior to 1991 there was no minimum age limit in Louisiana.
 Maine 21 (State law exempts individuals born on or before 1 July 2000)[52] As of 1 July 2018, it is illegal to sell or distribute tobacco to a person under 21. A person under 21 is not permitted to possess tobacco, except in private residences or if accompanied by a parent, spouse, or legal guardian 21 years of age or older. An individual born on or before 1 July 2000 is exempt under state law. However, Portland have stricter regulations and there is no exemptions with regards to the sale and supply of tobacco products to anyone under the age of 21. A person under 21 but born on or before 1 July 2000 may still possess tobacco products legally in the city of Portland.
 Maryland None 21 (Exemption for US Military members aged 18–20)[53][54][55] Minimum age raised from 16 to 18 in 1989 and from 18 to 21 since October 2019, with members of the US Military between ages of 18 and 20 exempt.[53][36]
 Massachusetts None 21 (State law exempts individuals born on or before 30 December 2000)[56] It is illegal to sell tobacco to individuals under 21 since 1 January 2019. Anyone other than the parents or guardian are prohibited from giving any form of tobacco to a person under 21.
 Michigan 21[57] It is illegal to sell, give, supply or otherwise provide tobacco to minors under 21. Minors may not purchase, attempt to purchase, possess, attempt to possess or consume tobacco products in public. Minors are permitted to smoke on private premises. Minimum age raised from 18 to 21 in 2020.
 Minnesota None 21[58] It is illegal to sell, give, supply or otherwise provide tobacco to anyone under 21. Anyone under 21 may not purchase or attempt to purchase tobacco products. Indians may furnish tobacco to an Indian under the age of 21 years if the tobacco is furnished as part of a traditional Indian spiritual or cultural ceremony.
 Mississippi 21[59] It is illegal to sell, give, supply or otherwise provide tobacco to anyone under 21. Persons under 21 may not purchase, attempt to purchase, possess, or attempt to possess or consume tobacco products in public.
 Missouri None 18[60] It is illegal to sell, give, supply or otherwise provide tobacco to minors. It is not illegal to give tobacco to minors on private premises nor is it illegal for minors to smoke in public.
Prior to 1992 Missouri did not have a minimum age limit.[36]
None 21[61]
 Twenty one cities in Missouri, including Kansas City, St. Louis, Columbia and Jefferson City, have raised their tobacco sales age to 21.
 Montana None 21[62] Sale or distribution of tobacco products to persons under 21 years of age is prohibited, whether over the counter, by vending machine, or otherwise.
Prior to 1993 there was no minimum age limit.[36]
 Nebraska 21[63] It is illegal to sell, give or furnish, in any way tobacco to persons under 21. Minors may not smoke in public.
 Nevada None 21 [64]
 New Hampshire 21 It is illegal to sell, give, supply or otherwise provide tobacco to anyone under 21.[65] Previously the smoking age was 18 and was changed in September 2020 to match federal law.[65]
 New Jersey None 21[66] No person shall sell, give or furnish to a person under 21 years of age, any cigarettes made of tobacco.
The minimum age of 16 years was introduced in 1904.
The minimum age was raised from 16 to 18 in 1988.
The minimum age was raised from 18 to 19 in 2005.
The minimum age was raised from 19 to 21 since November 1, 2017.[15]
 New Mexico None 21[67] Prior to 1991, New Mexico had no minimum age.
 New York None 21[68][69] It is illegal to give, sell, or supply tobacco products to anyone under the age of 21, with effect from 13 November 2019. The minimum legal age was 18 prior to 13 November 2019.
 North Carolina None 18[70] It is illegal for anyone under age 18 to buy, attempt to buy, to receive, or to use a false or misleading proof of age for the purpose of purchasing or receiving any tobacco product or cigarette wrapping papers.
The minimum age of 17 years was introduced in 1891.
The minimum age was raised from 17 to 18 in 1991. The current age to purchase tobacco in North Carolina is still 18 however stores that sell under 21 may be subject to federal enforcement.

[71][15][36]

 North Dakota 21[72]
 Northern Mariana Islands 18 It is illegal to sell and supply tobacco to a minor.
 Ohio 21[73] The minimum age to use and buy tobacco products was raised to age 21 statewide on 1 October 2019.[74]
 Oklahoma 21[75] It is illegal to sell, give or otherwise supply tobacco to anyone under the age of 21 years.
The minimum age of 18 years was introduced in 1915.
The minimum age of 21 years was introduced May 19, 2020.
 Oregon None 21[76] It is illegal to sell, give or otherwise supply tobacco to anyone under the age of 21 years as of late 2018.
 Pennsylvania None 21[77][78] It is illegal to sell, furnish, give or otherwise provide tobacco to anyone under 21. Persons under 21 may not purchase or attempt to purchase tobacco products.
The minimum age of 16 years was introduced in 1972.
The minimum age was raised from 16 to 18 in 1990 and from 18 to 21 in 2020.[79][15][36]
 Puerto Rico None 18
 Rhode Island 21[80] No person under eighteen years of age shall purchase, nor shall any person sell, give, or deliver to any person under twenty-one years of age, any tobacco products. No person under eighteen years of age shall use or possess, tobacco in any public street, place, or resort, any tobacco and/or electronic nicotine delivery system in any form.
The minimum age of 16 years was introduced in 1896.
The minimum age was raised from 16 to 18 in 1988.
The minimum age was raised from 18 to 21 in 2021.
 South Carolina None 21[81] It is illegal to sell, give or otherwise supply tobacco to anyone under the age of 21 years. It is illegal for minors to purchase, attempt to purchase, possess, or attempt to possess a tobacco product, or present or offer proof of age that is false or fraudulent for the purpose of purchasing or possessing a tobacco product.
 South Dakota None 21[82] It is unlawful to sell tobacco products to anyone under 21 years of age.
Prior to 1989 South Dakota did not regulate the sale of cigarettes to minors. Only smokeless tobacco products could not be sold to minors.
 Tennessee 21[83] It is unlawful for a person who has not attained 21 years of age to possess a tobacco product, to purchase or accept receipt of a tobacco product, or to present or offer to any person any purported proof of age which is false, fraudulent, or not actually that person's own for the purpose of purchasing or receiving any tobacco product.
 Texas 21 (State law exempts US Military members aged 18–20 and individuals born on or before August 31, 2001)[84][85] Since 1 September 2019, it is explicitly illegal to sell, give, supply or otherwise provide tobacco to individuals under 21, however US Military personnel are exempt.[84] In addition, anyone born on or before 31 August 2001 is exempt. Minors may not purchase, attempt to purchase, possess, attempt to possess or consume tobacco products in public. Exception: Any individual between 18 and 21 years of age possessing a cigarette or tobacco product in the presence of an adult parent, a guardian, or a spouse of the individual or an employer of the individual, if possession or receipt of the tobacco product is required in the performance of the employee's duties as an employee.
The minimum age to purchase, possess and consume tobacco was 16 years of age from 1899 to 1989 and 21 years of age since 2019 – however US Military personnel are exempt.[84][36]
 United States Virgin Islands None 18 [86]
 Utah 21[87] It is illegal to sell, supply, give or otherwise furnish tobacco products or smoking devices to anyone under the age of 21 years. It is illegal for anyone under the age of 21 years to possess, consume, purchase any tobacco product.
 Vermont 21[88][89][90] Since 1 September 2019 implemented an explicit smoking, e-cigarettes and tobacco age of 21.[88][89] Currently it is illegal to sell, supply, give or otherwise furnish tobacco products to anyone under the age of 21 years. It is illegal for anyone under the age of 21 years to possess or purchase tobacco products.
The minimum age of 17 years was introduced in 1888.
The minimum age was raised from 17 to 18 in 1991 and finally again raised from 18 to 21 since September 2019.[88][89][15][36]
 Virginia 21[91] It is illegal to sell, supply, give or otherwise furnish tobacco products to anyone under the age of 21 years. It is illegal for anyone under the age of 21 years to possess or purchase tobacco products. The exception is for those in active duty while 18 years old.
Prior to 1991 the minimum age to purchase tobacco products was 16 years of age, then in 2000 was raised from 16 to 18 and yet again was raised from 18 to 21 in 2020.'
 Washington None 21[92] It is illegal to sell, give or permit to sell or give tobacco products to anyone under the age of 21 years. It is not illegal for minors to possess or consume tobacco products in public. The minimum age was raised from 18 to 21 on 1 January 2020.
 Washington, D.C. None 21[93] It is illegal to sell, give or permit to sell or give tobacco products to anyone under the age of 21 years. It is not illegal for minors to possess or consume tobacco products in public.
The minimum age of 16 years was introduced in 1891.
The minimum age was raised from 16 to 18 in 1990.[15][36]
The minimum age was raised from 18 to 21 in 2016.
 West Virginia 21[94] It is illegal to sell, supply, give or otherwise furnish tobacco products to anyone under the age of 21 years. It is illegal for anyone under the age of 21 years to possess, consume or purchase tobacco products.
 Wisconsin None 21[95] It is illegal to sell, give or permit to sell or give tobacco products to anyone under the age of 21 years. It is illegal for anyone under the age of 21 to purchase, attempt to purchase, or possess any cigarette, nicotine product, or tobacco products.
 Wyoming 21[96] It is illegal to sell, supply, give or otherwise furnish tobacco products to anyone under the age of 21 years. It is illegal for anyone under the age of 21 years to possess, consume or purchase tobacco products.
Prior to 2020 Wyoming had a minimum purchase/sale age of 18 years for tobacco products.[36]

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References[]

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