Massachusetts on Track to Raise Tobacco Sales to Age 21

By ALISON BAUTER (Patch Staff)

BEDFORD, MA - Rules for buying cigarettes and other tobacco products could soon resemble those of alcohol, after Massachusetts senators approved a measure Thursday to raise the purchasing age to 21.

If the bill passes, it would make Massachusetts the second state to raise its tobacco-buying age. Hawaii was the first,passing a law raising the statewide smoking age to 21 in late 2015.

Several cities around the state -- including, most recently, Boston -- already prohibit the sale of cigarettes and other smoking-related products and paraphernalia to 21 or older. Like that city rule, the statewide law would not punish smoking by individuals 18 through 20 years old, but would prohibit the sale of those products to them.

The typical objection to the bill evokes past fights against raising the legal age for purchasing alcohol.

The argument goes: Young people who can vote or serve in the military should also be considered responsible and autonomous enough to purchase tobacco products. Other critics decry the impact on businesses' ability to sell legal products.

The broader question is one of individual liberties. This is the latest case of what critics call the "nanny state" stepping in to regulate individual choices, even when those choices are indisputably unhealthy.

"These 18, 19, and 20-year-olds are adults," argued Westfield Republican Sen. Donald F. Humason, Jr. "It creates a slippery slope."

But legislators cite the trickle-down effect. If 18-year-olds can't buy tobacco products, it's less likely younger teens will have access to them, they argue. The bill grandfathers in those who are already of tobacco-purchasing age.

"We are not turning cigarettes into heroine here," said Sen. William Brownsberger, a Belmont Democrat. "There are no penalties for minors smoking cigarettes. ... The penalties are for people who sell cigarettes to minors, and those are civil penalties, not criminal penalties. So, let's not weave this bill into some kind of draconian punishment for young people."

What do you think? Should 18 or 21 be the legal age to purchase tobacco? Tell us in the comments.

Senators fielded nearly a dozen proposed amendments to the bill, including one that would exempt card-carrying members of the military from the 21-and-up rule.

Senate minority leader Bruce Tarr argued military bases and leadership could choose whether or not to enact the ban. He and other senators argued soldiers potentially putting their lives on the line should be allowed to pick up a cigarette if they so choose.

Other senators argued minors in the military still cannot purchase alcohol, and the same rule should apply in regards to tobacco. The use of tobacco products hurts the health and the readiness of soldiers, and is already discouraged by the military, opponents argued.

That amendment ultimately died on the floor.

Senators approved the bill 32-2. It next goes to the House. Gov. Charlie Baker has offered tentative approval, contingent upon the final form the bill takes. If it passes, the legislation would not take effect until Jan. 1, 2017.