By Howard Fischer
Capitol Media Services
PHOENIX -- Arizona may finally be ready to bring its restrictions on tobacco use in line with federal law.
But not for everyone.
The state House gave preliminary approval this week to SB 1247 which would set the age to buy or possess cigarettes and other tobacco products in Arizona to 21. It currently is 18.
Federal law already makes it illegal to sell tobacco products to anyone younger than 21. But that covers only retail sales.
And there's nothing in the federal statute about someone giving it to anyone in that age group. Nor is it currently illegal under either federal or state law to actually have or use the product.
This legislation would bridge that gap.
Some of it, says Rep. Matt Gress, is health.
"We know the data is clear: Raising the age to access cigarettes reduces youth access to cigarettes,'' said the Phoenix Republican. "Most underage smokers get their tobacco from slightly older friends.''
Gress also said the later someone starts to smoke, the less likely they are to become addicted to nicotine and become life-long smokers.
That, however, is just part of what's behind the move.
A 2019 federal law gave states six years to bring their smoking age into conformity. And if Arizona does not comply -- and soon -- Gress said that means an immediate loss of $5 million a year.
Despite all that, it remains unclear if the measure has the necessary support to become law.
The bill had previously been debated in the House, only to stall when the votes for final approval failed to materialize. And part of that was due to objections from Rep. Nick Kupper.
The Surprise Republican said the only way he would support it if the requirement to be 21 to smoke would not apply to those in the military. He said that those who are in a position to fight and die for the country are in a position to make decisions about smoking and their health for themselves.
So the deal was made to carve out an exception.
As approved by the House, the legislation now would allow those who are at least 18 to possess, receive or use tobacco and vapor products if they are currently serving as a member of the National Guard, the active duty Armed Forces or the reserves.
But Kupper also agreed to accept some restrictions on that, including that the use or possession is allowed by the Department of Defense or the branch of the military in which they serve.
And that right disappears until age 21 if someone is no longer serving.
The Department of Defense did implement a policy in 2020 to stop selling tobacco products to anyone younger than 21. Less clear is how much leeway individual commanders have in allowing those under that age to actually smoke -- and how actively any restrictions are enforced.
Gress, who said he has never smoked, was not happy with the change. But he agreed not to oppose it.
"The legislative process is a lot of give and take,'' Gress said.
"Originally, we weren't going to give in on this,'' he told colleagues. "But the facts require us to secure a majority of our Republican colleagues.''
There's another reason that proponents want Arizona to enact its own requirement to be 21 to sell tobacco.
While there is a federal law, that cannot be enforced by the state Attorney General's Office.
That agency has done "sting operations'' to find retailers who are selling to those 17 and younger who are not now allowed to buy the product. But the current state law precludes similar targeting of retailers who, federal law not withstanding, continue to sell to those who are 18, 19 or 20.
The measure still needs a final roll-call vote. And there have been objections from some, like Rep. Alexander Kolodin, R-Scottsdale, who objects to the state caving in to what he sees as "federal funds blackmail.''
Then the Senate needs to weigh in.
None of what is in this bill affects marijuana and similar products. The voter-approved laws making the use of that drug legal always have included a requirement for people to be 21 to purchase and possess it.
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