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Illinois still one huge hurdle away from increasing legal cigarette smoking age

Thursday, Nov 15, 2018 - Posted by Rich Miller

* Tribune

Illinois moved closer to raising the minimum age to buy cigarettes, vaping devices and other tobacco products to 21 after the state Senate on Wednesday voted to override Gov. Bruce Rauner’s veto of the plan. […]

Under the tobacco legislation, it would be illegal to sell tobacco products, including electronic cigarettes and vaping devices, to anyone under the age of 21. Retailers who violate the law could be fined, but the state would no longer penalize those caught possessing tobacco while underage.

Chicago boosted the minimum legal tobacco age from 18 to 21 in 2016. Rauner this summer vetoed the plan to do the same thing statewide, but the Senate voted 36-19 on Wednesday to override him, sending the legislation to the House for final review. The 36-vote tally was the bare minimum supporters needed to override Rauner, and their success in the House is far from guaranteed.

The bill originally passed the Senate with 35 votes. So, it picked up a vote yesterday. However, it only passed the House with 61 votes. Proponents have a ton of work to do there, to say the least.

* A bit more from the Sun-Times

The measure, which also raised the age to purchase vaping devices, would make Illinois the sixth state in the country to raise the age, which supporters believe will reduce the number of high school students who use tobacco products.

       

20 Comments
  1. - Yup! - Thursday, Nov 15, 18 @ 9:53 am:

    I understand smoking is a dangerous habit, but if eighteen is the official age of adulthood, then 18-year-olds should be able to make all of those important life decisions. Yes, I think the drinking age should be changed as well. At eighteen, a person is able to vote in elections, join the military, take out tens of thousands in loans (college), get married, and more. The government should then allow those same 18-year-olds to make the adult decision to smoke or use other nicotine products.


  2. - wordslinger - Thursday, Nov 15, 18 @ 10:07 am:

    Have always had a problem with the contradiction that 18-year-olds are mature enough to volunteer to fight and die in the armed services, but not to decide whether they can have a beer or a smoke.


  3. - Grandson of Man - Thursday, Nov 15, 18 @ 10:13 am:

    I have a problem with people who want teens to smoke tobacco/nicotine products but don’t want adults to legally buy jazz cabbage.


  4. - Iggy - Thursday, Nov 15, 18 @ 10:14 am:

    Big tobacco is going to have a bad year in Illinois if this gets overridden and Marijuana gets legalized.


  5. - JS Mill - Thursday, Nov 15, 18 @ 10:35 am:

    =which supporters believe will reduce the number of high school students who use tobacco products.=

    If they want to raise the age to 21 I am fine with that, but it will have zero impact.

    Vaping is a huge issue and we have confiscated Juul’s and other vape devices from 14 year olds (we are a high school)
    so raising the age to 21 is not going to make an impact.

    On the plus side, we are thinking of selling all of the vape pens online to raise money for the school. We have more than 30 so we could see some real money. /snark of course.

    I am told some of these things cost more than $50.


  6. - DuPage - Thursday, Nov 15, 18 @ 10:42 am:

    @- Yup! - Thursday, Nov 15, 18 @ 9:53 am:

    ===I understand smoking is a dangerous habit, but if eighteen is the official age of adulthood, then 18-year-olds should be able to make all of those important life decisions. Yes, I think the drinking age should be changed as well. At eighteen, a person is able to vote in elections, join the military, take out tens of thousands in loans (college), get married, and more. The government should then allow those same 18-year-olds to make the adult decision to smoke or use other nicotine products.===

    The drinking age in Illinois was lowered to 18 for a couple years, then it was changed back to 21. The federal government forced all states to go to 21 by withholding their highway money if they did not comply.


  7. - Rich Miller - Thursday, Nov 15, 18 @ 10:46 am:

    ===so raising the age to 21 is not going to make an impact===

    The people who tend to give/sell cigs/vapes to youngsters tend to be 18-19 year olds. That’s the real object of this legislation.


  8. - 47th Ward - Thursday, Nov 15, 18 @ 11:00 am:

    Agree with Word. This bothers my inner Libertarian. Adults should make their own choices on this stuff. If an 18 year old is an adult, the state should butt-out.


  9. - Shemp - Thursday, Nov 15, 18 @ 11:02 am:

    Well, we all know our high schoolers aren’t drinking because of the age of 21 requirement….


  10. - Oswego Willy - Thursday, Nov 15, 18 @ 11:20 am:

    I’m part of the chorus of “your country can call you to service, but you can’t decide on alcohol or tobacco” silliness.

    While I do understand both the dangers of alcohol and tobacco, and the inherit dangers both bring to those not “ready” to make that choice, a person 18 may not have a choice when it comes to service (a draft hasn’t happened for decades) however they can choose at 18 to serve, an age designated that a life choice is possible.

    The toughest years, 18 to 21, are marred by a legal juxtaposition of legal here, not there, and this limbo of status makes choices by the people confusing… in this purgatory of youth, with the responsibility of age.


  11. - Steve - Thursday, Nov 15, 18 @ 11:51 am:

    Whether it’s a good law or a bad law : this might become a 14th Amendment case in federal court. Will a federal judge say you can’t deny an 18, 19, and 20 years their rights?

    No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.


  12. - Rich Miller - Thursday, Nov 15, 18 @ 12:05 pm:

    ===a 14th Amendment case in federal court===

    You’re hilarious.


  13. - I Miss Bentohs - Thursday, Nov 15, 18 @ 12:05 pm:

    I agree with those above as it relates to the military. My solution has always been that we should allow you to join the military at 18 (get a job) but not allow you to kill or die until you are 21.

    Just as many prepare for a job through attending college, 18 to 21 is preparation for a job in the military.


  14. - A Jack - Thursday, Nov 15, 18 @ 12:21 pm:

    I joined the military at the age of 17 and I am good with this raising the age to purchase cigarettes to 21. If you actually are in the military you can drink at the base clubs and probably will still be able to buy cigarettes before you are 21.

    I also think they should raise the draft age to 21. But that would be up to the Feds. I don’t think most 18 year olds can handle the stress of war and that is why we end ended up with many cases of PTSD after Vietnam.


  15. - Cheryl44 - Thursday, Nov 15, 18 @ 12:27 pm:

    I think Jazz Cabbage will be the name of my new band.


  16. - @misterjayem - Thursday, Nov 15, 18 @ 1:40 pm:

    “My solution has always been that we should allow you to join the military at 18 (get a job) but not allow you to kill or die until you are 21.”

    As a former Infantry platoon leader, I like to think the combat arms branches are a breed apart, but the truth is that every MOS is subject to killing and dying.

    – MrJM


  17. - JS Mill - Thursday, Nov 15, 18 @ 4:06 pm:

    =I also think they should raise the draft age to 21.=

    Draft?

    There was one?


  18. - A Jack - Thursday, Nov 15, 18 @ 5:01 pm:

    @JS Mill… Yes, there was a draft until the mid 70’s. The draft of eighteen year olds was a big reason why the voting age was lowered to eighteen. Now it seems like being old enough to serve in the military is the argument against this bill.

    I actually graduated high school and joined the military when I was 17. But in Illinois, I still could not legally drink, smoke, vote and probably a bunch of other things. So the tying of being old enough to serve in the military and smoking seems a bit far fetched to me. Strangely enough, I still had to register for the draft when I turned 18 even though I was already in the military.


  19. - revvedup - Thursday, Nov 15, 18 @ 5:01 pm:

    Why not a 14th Amendment challenge to the two-tiered adulthood, Rich? Adult rights should only have one magic age, otherwise where does it stop? The idea of “graduated rights” is without Constitutional support. If you are an adult, you have all adult rights (and responsibilities). If you argue an 18 year old isn’t mature enough, then legally raise the age to 21, but no exceptions. This point has been raised recently in IL regarding thge maturity of 18-20 year old offenders, so it might be a starting point to a reasonable discussion of the age of majority.


  20. - A JackI - Thursday, Nov 15, 18 @ 5:59 pm:

    Historically, many states lowered the drinking age to less than 21 in response to the 26th amendment which lowered the voting age to 18. However, the Feds forced the states to raise the drinking age to 21 by the mid 80’s. So I don’t think there will be anyone successfully challenging a smoking age ban under the 14th. Nationally there have been many instances where certain rights were limited at certain ages.


Sorry, comments for this post are now closed.


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