AZ lawmakers want to keep smoking age at 18

By Howard Fischer
Capitol Media Services
PHOENIX -- A half century ago, the rallying cry was "old enough to fight, old enough to vote.''
Now some Republican Arizona lawmakers are making the same arguments about smoking in opposing efforts to set the minimum age to buy or possess tobacco products in Arizona to 21. It current is 18.
That would bring the state into conformity with a 2019 federal law.
The lack of a state law, however, precludes the Attorney General's Office, which has done enforcement and "sting'' operations on retailers, from taking action on those selling to customers who are 18, 19 or 20. SB 1247, which got preliminary approval this past week in the House, would change that.
But not everyone is on board.
Rep. Nick Kupper said he has never smoked and sees "absolutely zero benefit'' to cigarettes.
"However, I do acknowledge, obviously, that God has given us free will to make both good and bad decisions,'' said the Surprise Republican. "And the Constitution has enshrined that we have a responsibility to protect those rights.''
More to the point, Kupper pointed out the language in the measure is absolute.
"This bill currently as written would not allow members of the military who can die for their country to smoke,'' he said. Kupper said the only way he would change his mind is if an exception were created to those actively serving in the military or National Guard.
Rep. Alexander Kolodin said his objections to the legislation were more philosophical. And it starts, he said, with the argument by proponents that if the state doesn't bring its statutes into conformity with federal law there would be a loss of federal dollars.
That could be imminent.
Richie Taylor of the Attorney General's Office said that 2019 law has a five-year "grace period'' for state to enact similar statutes. That, he said, ended in December.
And Rep. Matt Gress, R-Phoenix, who is sponsoring SB 1247, said that means an immediate loss of $5 million a year, with other federal dollars at risk.
But Kolodin told colleagues they shouldn't make that part of their consideration.
"One thing that we conservatives strongly dislike is to give in to federal funds blackmail,'' he said.
Beyond that, Kolodin said that one of the lessons from the COVID pandemic was that states each have the power to decide its own policies when it comes to public health.
"Well, if that's the case, we get to set our own age for tobacco and vaping products,'' he said.
And then there's that argument about being old enough to serve in the military. But Kolodin said that tells only part of the story.
"In fact, an 18-year-old is apparently in our society considered to be mature enough to decide who holds the nuclear launch codes, who governs the states and, thus, matters of war and peace and matters that affect the lives of every Arizonan,'' he said. And Kolodin said if those who are 18 are not considered to have enough ability to decide what to smoke, then perhaps the age of voting, lowered nationally with a constitutional amendment in 1971, should be raised back to 21.
Gress, for his part, scoffed at the arguments foes of the bill were making, like whether being in the military should be an exception.
"I don't know that I would want our fighting force to be smoking and messing up their lungs while they're defending America either,'' he said.
Nor was Gress persuaded by the fact that 18-year-olds can vote, pointing out that it took an amendment to enshrine that right in the U.S. Constitution.
"There is not a constitutional amendment that protects Americans' rights to smoke cigarettes,'' he said.
Gress acknowledged that there are "inconsistencies'' like this in Arizona laws. But he said that doesn't mean that just because people can do some things at 18 doesn't mean they should be able to do all things.
"I don't believe in lowering the drinking age to 18,'' Gress said.
But Gress has shown he does believe that there should be some rights and privileges for those who are 18, rights and privileged now reserved for those who are older.
Two years ago, shortly after being elected to the Legislature, he crafted a measure to set the minimum age for legislators at 18. Individuals now have to be 25.
In promoting the measure, Gress, who first ran for town council in Cyril, Okla. at 18, said he doesn't believe that his ideas at the time, like how to deal with a money-losing ambulance service, did not have merit because of his age. And he said that also must have been the belief of the 124 people who voted for him, though he lost.
His proposal to lower the age for legislative qualification never even got a hearing. Gress told Capitol Media Services he blames that on the political reality of trying to get such a measure through a Legislature where everyone who would get to vote on it was at least 25 -- if not a lot older.
"Incumbent members of 'safe' districts are worried about young whippersnappers running against them,'' Gress said. And by "safe,'' he means legislative districts where one party has such a voter registration edge that it is almost impossible for a candidate from another party to oust an incumbent.
"And it's on both sides of the aisle,'' Gress said.
Still, that leaves a question: If Gress believes 18-year-olds are mature enough to make decisions about setting state policy and dividing up an $18 billion budget, why does he want to deny them the right to make a decision about smoking or, for that matter, drinking?
Gress conceded it comes down to his own personal beliefs.
"I think running to serve the people is a good and healthy thing,'' he said. "I think pumping tar and chemicals into your body is a bad thing.''
The measure now needs a roll-call vote in the House before going to the Senate which has never voted on this version of the legislation.
None of this affects marijuana and similar products. The voter-approved laws making the use of that drug legal includes a requirement for people to be 21.
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