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* It now moves to the Senate where it’s expected to pass…
The bill is here…
Raises the age for whom tobacco products, electronic cigarettes, and alternative nicotine products may be sold to and possessed by from at least 18 years of age to at least 21 years of age.
* The legislation received only 61 votes last November…
The failure to override the veto was not unexpected. The bill passed the House in May with only 61 votes, and supporters knew it would be difficult to find an additional 10 votes for an override.
Supporters of the legislation said they will try again next year.
“We are going to come back at this issue until we get it done,” said Rep. Camille Lilly, D-Chicago. “We do not, meaning the state of Illinois, think that this is something we should ever stop working towards.”
That 2018 roll call is here.
* Obviously, some folks changed their minds, including this prominent Republican…
House Republican Leader Jim Durkin says he's 'changed his mind' and will vote in favor of Tobacco 21. He said he decided to that after doing his own research and hearing from his 17-year-old daughter who told him youth tobacco use is 'out of control'. #twill
— Rachel DrozeTV (@RachelDrozeTV) March 12, 2019
* Context…
Currently, seven states and more than 34 municipalities in Illinois have already passed Tobacco 21 laws, according to the American Lung Association.
posted by Rich Miller
Tuesday, Mar 12, 19 @ 2:02 pm
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Good call Durkin. My high school teens say the very same thing. They go to a great public school and say it’s really bad.
Comment by Honeybear Tuesday, Mar 12, 19 @ 2:05 pm
Youth smoking,drug deaths,binge drinking. All out of control. What is the DARE program doing these days.
Comment by Blue Dog Dem Tuesday, Mar 12, 19 @ 2:06 pm
Pick one age of majority and apply it consistently. I don’t care if it’s 18 or 21 or whatever but make it the same for tobacco, guns, and voting. If you’re not mature enough for one, you’re not mature enough for the others.
Comment by Tequila Mockingbird Tuesday, Mar 12, 19 @ 2:07 pm
===If you’re not mature enough for one===
The problem being addressed here is 18 and 19 year-olds selling cigarettes to younger people.
Comment by Rich Miller Tuesday, Mar 12, 19 @ 2:08 pm
I meant to include alcohol in the list.
Comment by Tequila Mockingbird Tuesday, Mar 12, 19 @ 2:08 pm
why not vaping 21?
Comment by Iggy Tuesday, Mar 12, 19 @ 2:09 pm
Shed no tears for Big Tobacco.
Comment by City Zen Tuesday, Mar 12, 19 @ 2:11 pm
Just curious, what is the age limit to sell tobacco?
Comment by Wilson Tuesday, Mar 12, 19 @ 2:13 pm
===why not vaping 21? ===
More reading comprehension issues. It’s in the bill.
Comment by Rich Miller Tuesday, Mar 12, 19 @ 2:17 pm
The issue is that 18 year olds are seniors in high school. So that provides a conduit for anyone 14+ to get easy access.
Comment by PJ Tuesday, Mar 12, 19 @ 2:18 pm
Good for Durkin for being open minded.
Comment by Anon E Moose Tuesday, Mar 12, 19 @ 2:20 pm
Can go to war at 18, but can’t buy tobacco.
Comment by Just Saying Tuesday, Mar 12, 19 @ 2:23 pm
If I was a nineteen year old tobacco user I’d sue. This bill could have been improved with a grandfather clause IMO, just like when they hiked the drinking age decades ago.
Comment by 47th Ward Tuesday, Mar 12, 19 @ 2:23 pm
Hey “kids” you can join the military, kill people in combat, and vote BUT you’re not responsible enough to drink or smoke.
Comment by Rex Tuesday, Mar 12, 19 @ 2:23 pm
When this becomes law. This will be good 14th Amendment case in federal court. ” 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. “
Comment by Steve Tuesday, Mar 12, 19 @ 2:25 pm
–Can go to war at 18, but can’t buy tobacco.–
Although I agree with the bill, you have a point
Comment by JDuc Tuesday, Mar 12, 19 @ 2:27 pm
“When this becomes law. This will be good 14th Amendment case in federal court. ” 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. “”
This is a sincere question - how is changing the smoking age a 14th amendment violation? Is it just because there isn’t a grandfather clause?
Comment by Montrose Tuesday, Mar 12, 19 @ 2:29 pm
Steve:
Using your logic any restrictions on anyone for anything violate the Constitution. That’s just nonsense. But you go ahead and spend the money trying to make that argument against this law.
Comment by Demoralized Tuesday, Mar 12, 19 @ 2:34 pm
Maybe my kids and their experiences aren’t typical, but 5 years ago there weren’t that many kids smoking. How did smoking become cool again? Technology. Vaping. Focus on that.
Comment by Henry Francis Tuesday, Mar 12, 19 @ 2:34 pm
When it comes to smoking, I am pro-choice. The same on other issues.
Comment by Anonymous Tuesday, Mar 12, 19 @ 2:34 pm
===Can go to war at 18, but can’t buy tobacco===
Meh. Can’t buy alcohol, either.
Comment by Rich Miller Tuesday, Mar 12, 19 @ 2:35 pm
It amazes me that some politicians respect the right to choose at age 17, but not everything. This is jusy crazy.
Comment by Blue Dog Dem Tuesday, Mar 12, 19 @ 2:38 pm
If anyone is so concerned with military age give them a special license. Otherwise so what
I am concerned. Because my 17 yo daughter did get into vaping for a short time and she got it from an 18 yo friend
It is not unlikely that 16 and 17 yo still hang out with 18 yo
If u can increase. That age gap the chances decrease that an 16 17 18 are hanging out with 21 yo
Comment by Anonymous Tuesday, Mar 12, 19 @ 2:39 pm
–Can go to war at 18, but can’t buy tobacco.–
If you could join the military at 18, get training and education but not be sent into combat until you are 21, I would be wholeheartedly in agreement.
Comment by a drop in Tuesday, Mar 12, 19 @ 2:39 pm
I agree with this age increase. The comparison to serving in the army versus providing access to tobacco is a red herring.
We draft 18 olds into the army not because they are fully formed adults. To the contrary, we enlist 18 year olds because they are physically capable but psychologically malleable and susceptible to indoctrination. I say this as somebody who has gone through basic training. Lots of evidence shows that the young adult brain is actually not fully mature until the early 20s. This law will save lives.
Comment by Scamp640 Tuesday, Mar 12, 19 @ 3:04 pm
My friends who teach high school are sick of having to make kids stop vaping in class. I’m sure this law would make them happy. It won’t stop teen smoking but it will make it more difficult.
Comment by Cheryl44 Tuesday, Mar 12, 19 @ 3:07 pm
=== Hey “kids” you can join the military, kill people in combat, and vote BUT you’re not responsible enough to drink or smoke.===
All of these people are making great points toward raising the legal age for joining the military to 21.
Comment by Powdered Whig Tuesday, Mar 12, 19 @ 3:10 pm
Can’t run for Congress until age 25, run for Senate until 30 and President 35. Those who post about how unfair it is not to allow sales of cigarettes to 18 year olds are the same people who fought the brave fight a generation ago to allow marborols to be given out to 12 years olds when the junior high schools let out. Why they are a FREE GIFT. What, your against giving out GIFTS just because these 12 year olds are poor?/s
The Tobacco industry knew decades ago how harmful their product was. They hid the facts, paid off scientists and congressmen and worked hard to make their products more addictive and used a Smoking Camel to appeal to children. They even bought Nabisco to threaten Readers Digest with the withdrawal of all cracker advertisements if they ever breathed a word that tobacco causes cancer heart disease and stroke. Shut reader’s digest up real good. This is a good step. Hope the tobacco tax passed too.
Comment by Al Tuesday, Mar 12, 19 @ 3:24 pm
Just say that nobody born after a certain date may purchase cigarettes or other tobacco products. Current addicts may continue. The flow of new addicts stops, or at least slows.
Comment by Last Bull Moose Tuesday, Mar 12, 19 @ 3:32 pm
It’s amazing what the 14th Amendment has been used for since the Warren Court. Gun rights, gay marriage, and much more.
Comment by Steve Tuesday, Mar 12, 19 @ 3:32 pm
“It’s amazing what the 14th Amendment has been used for since the Warren Court. Gun rights, gay marriage, and much more.”
But what is the legal argument in this case? help me out here.
Comment by Montrose Tuesday, Mar 12, 19 @ 3:37 pm
- Montrose -
Someone will go into federal court and claim they as an adult are being denied the same rights as other adults. They will claim that the 14th Amendment guarantees them the same rights as any other adult. I’m not saying they’ll win. I’m just saying it isn’t crackpot theory to think they will not try.
Comment by Steve Tuesday, Mar 12, 19 @ 3:45 pm
I noticed Murphy was one of the Nays. I guess he is concerned about losing revenue in his district to….hmm, that doesn’t work. I guess we get another Party of No representative. Here’s hoping he takes a different approach to cannabis legislation.
Comment by Harvest76 Tuesday, Mar 12, 19 @ 3:47 pm
“Someone will go into federal court and claim they as an adult are being denied the same rights as other adults. They will claim that the 14th Amendment guarantees them the same rights as any other adult. I’m not saying they’ll win. I’m just saying it isn’t crackpot theory to think they will not try.”
Got it. That’s helpful. Thanks.
Comment by Montrose Tuesday, Mar 12, 19 @ 3:53 pm
This bill could have been improved with a grandfather clause IMO, just like when they hiked the drinking age decades ago.
There was no grandfather clause when the drinking age was raised from 19 to 21. I know that because I was 19 at the time. This is a great day for the “Nanny State.”
Comment by Collinsville Kevin Tuesday, Mar 12, 19 @ 3:57 pm
==I’m just saying it isn’t crackpot theory to think they will not try.==
Steve, spend anytime looking at the opinions that come out of the Federal District Courts, and you will find that most of them involve crackpot theories. The issue isn’t what people will try, it’s whether their argument is viable.
Comment by chuddery Tuesday, Mar 12, 19 @ 4:11 pm
==This is a great day for the “Nanny State.”==
So, I take it you’ll be buying cigs for HS grads (at a markup) under the auspices of being a “freedom fighter”? /s
Comment by Jocko Tuesday, Mar 12, 19 @ 4:12 pm
The Tobacco Retailers license costs only $25 and has not been increase in a very long time. Wonder how much bumping this up to $250 could raise?
Comment by Al Tuesday, Mar 12, 19 @ 4:19 pm
I introduced and unsuccessfully tried to pass this bill about a dozen years ago. Even added an exemption down to 18 years old if you had an active military ID. Couldn’t get close to enough support to pass it. Glad to see things evolve over time.
Comment by Hon. John Fritchey Tuesday, Mar 12, 19 @ 4:30 pm
“When this becomes law. This will be good 14th Amendment case in federal court.”
Steve, Illinois is hardly the first state to do this. Then again, maybe no one in California, New Jersey, Massachusetts, Oregon, Hawaii, Maine and now West Virginia is as smart as you when it comes to constitutional law.
Comment by Michelle Flaherty Tuesday, Mar 12, 19 @ 4:45 pm
Seems to me that both Progressives and free market capitalists/less govt is best conservatives are real hypocrites when ya get right down to it.
Comment by Blue Dog Dem Tuesday, Mar 12, 19 @ 4:48 pm
Good call Rich, the vape issue is beyond an epidemic in schools. The 15 & 16 year old kids are not buying it. It is their 18 year old classmates.
Soldiers in WWII were basically encouraged to smoke and given cigarettes, doesn’t mean it was a good idea. Probably makes more sense to have soldiers who don’t smoke from a fitness/addiction standpoint.
Has JB figured in the tax revenue loss from this?
Comment by the Patriot Tuesday, Mar 12, 19 @ 4:49 pm
- PJ - Tuesday, Mar 12, 19 @ 2:18 pm:
I was in college at 17
Comment by Anonymous Tuesday, Mar 12, 19 @ 5:09 pm
- Jocko - Tuesday, Mar 12, 19 @ 4:12 pm:
Your response was snark
People can be against this just on the basis of freedom to choose.
Comment by Anonymous Tuesday, Mar 12, 19 @ 5:24 pm
I fondly remember the smell of menthol, camphor and Eucalyptus oil as a kid when I had a cold.
For the current vaping see 2:17 above.
Comment by No relation Tuesday, Mar 12, 19 @ 5:38 pm
Am I safe to assume that all the reds will be greens for legalizing marijuana? You know…..because freedom of choice as an adult….
Comment by Person 8 Tuesday, Mar 12, 19 @ 5:40 pm
This Nanny statism is nothing to celebrate. Freedom involves freedom to assume risk and make good and bad choices.
Comment by nextyear Tuesday, Mar 12, 19 @ 6:08 pm
You can join the military at age 17. In fact I did. I couldn’t vote or drink.
So the military age argument doesn’t apply. There are different age limits for everything and the only one that is Constitutionally guaranteed is voting.
Comment by A Jack Tuesday, Mar 12, 19 @ 7:06 pm
This is a pretty good article from the National Institute of Health on the changing of tobacco age over the years. In fact, before 1920, many states had the legal age at 21. The age was lowered in the 1920’s but has been heading back towards 21 for some time because of the exposure to younger people.
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4902755/
Comment by A Jack Tuesday, Mar 12, 19 @ 7:55 pm
– Freedom involves freedom to assume risk and make good and bad choices.–
Harrumph, harrumph.
Nah, it’s just another word for nothing left to lose.
Comment by wordslinger Tuesday, Mar 12, 19 @ 8:01 pm
For those worried about the military, there was no age limit for drinking alcohol on base at 29 Palms. Doubt there would be a problem with smoking.
Comment by Last Bull Moose Tuesday, Mar 12, 19 @ 8:25 pm
This is epidemic. Good move here.
Comment by common sense2 Wednesday, Mar 13, 19 @ 8:10 am
Great. Criminalize more youth behavior. I’m sure it’ll be as fairly enforced as everything else.
Comment by NoGifts Wednesday, Mar 13, 19 @ 8:15 am