Minimum age to purchase tobacco in North America as of December 2019:
  Minimum age is 21
  Minimum age is 19
  Minimum age is 18

The minimum purchasing age for tobacco in the United States before 2022 varied by state and territory. Since December 20, 2019, the smoking age in all states and territories is 21 after federal law was passed by Congress and signed by President Donald Trump.

History

See also: Tobacco 21
States that have passed their own Tobacco 21 laws either before or since the passage of the federal Tobacco 21 law (2022):
  States that have their own Tobacco 21 laws and comply with federal law
  States that do not have their own Tobacco 21 laws who are covered under the federal Tobacco 21 law
Minimum age to purchase tobacco in the United States prior to the passage of the federal Tobacco 21 law:
  Minimum age was 21
  Minimum age was 19
  Minimum age was 18
Minimum age to purchase tobacco in the United States as of 1989:
  Minimum age was 19
  Minimum age was 18
  Minimum age was 17
  Minimum age was 16
  No set minimum age

In the United States, laws regarding the minimum age to purchase and consume tobacco products have been made by states, territories, the District of Columbia and the federal government. Before 1992, states had the sole power to enforce their own minimum ages. These laws first appeared in the late nineteenth century, with New Jersey becoming the first state to set a minimum purchase age of sixteen in 1883.[1] By 1920, around half of states had their minimum purchase age of twenty-one and some simply prohibited "minors" (ages 14–24) from purchasing.[1] During the 1920s, due to tobacco industry lobbying, the minimum ages were lowered across the U.S. and ranged from sixteen to nineteen.[1] By 1939, all states had age restrictions for tobacco.[1] However, these laws kept changing throughout the 1950s, with Maryland repealing its age restrictions. The American Cancer Society recommended the minimum age of eighteen in 1963, the American Medical Association recommended twenty-one in 1985,[2] and the United States Department of Health and Human Services Office of the Inspector General recommended nineteen or twenty-one.[3]

State tobacco laws partly changed in 1992 under the George H.W. Bush administration when Congress enacted the Alcohol, Drug Abuse, and Mental Health Administration Reorganization Act, whose Synar Amendment forced states to create their own laws to have a minimum age of eighteen to purchase tobacco or else lose funding from the Substance Abuse and Mental Health Services Administration.[4] The amendment was passed in response to the teenage smoking rates.[5] All states raised their ages to either eighteen or nineteen by 1993. In 1997, the Food and Drug Administration enacted regulations making the federal minimum age eighteen,[6] though later the U.S. Supreme Court later terminated the FDA's jurisdiction over tobacco, ending its enforcement practices and leaving it up to states.[7]

In 2009, the Family Smoking Prevention and Tobacco Control Act was enacted under the Barack Obama administration, once again setting a federal minimum age of eighteen and prohibited the FDA from setting a higher minimum purchase age.[8] From 1993 to 2012, the smoking age in all states was either eighteen or nineteen. In 2005, the town of Needham, Massachusetts, became the first jurisdiction in the country to raise the minimum purchase age to 21.[9] Between 2012 and 2015, local municipalities across the U.S. began raising their smoking ages to twenty-one, with Hawaii becoming the first state to raise its age to twenty-one in 2015.[10] This began the shift in states eventually raising their ages to twenty-one due to the teenage vaping crisis.[11] By 2019, eighteen states had their minimum purchase ages at twenty-one, thirty states had their ages at eighteen, two had it at nineteen and the District of Columbia had it at twenty-one. On December 20, 2019, with the enactment of the Appropriations for Fiscal Year 2020 signed by President Donald Trump, the federal smoking age was raised to twenty-one by changing the minimum purchase age in the 1992 Synar Amendment.[12] The United States Department of Defense followed, raising the age to purchase tobacco to twenty-one on military bases in the U.S. and abroad.[13]

Laws by state

State/territory 1883–1950:
First MLAs enacted		 1950–1970:
Increased marketing towards youth		 1970–1992:
MLA reforms		 1992–2009:
Synar Amendment enacted		 2009–2019:
Tobacco Control Act enacted		 2019–present:
Tobacco 21 enacted
 Alabama None[14] (–1896) 21 (1896–1976) 19[a] (1976–2021) 21[b] (2021–)
 Alaska ? (–1959) 18[c] (1959–?)
16[d] (?–1988) 		19[e] (1988–)
 American Samoa 18[f] (?–)
 Arizona ? (–1988) 18[g] (1988–)
 Arkansas ? (–1988) 18[h] (1988–2019) 21[i] (2019–)
 California 16[j] (?–1911) 18 (1911–2016) 21[k] (2016–)
 Colorado ? (–1988) None[l] (c. 1960s–70s) 18[m] (1970s–2020) 21[n] (2020–)
 Connecticut None (–1902)
16[citation needed] (1902–1987) 		18 (1987–2019) 21[o] (2019–)
 Delaware ? (–1953) 17[citation needed] (1953–1992) 18 (1992–2019) 21[p] (2019–)
 District of Columbia 16[31] (?–1990) 18 (1990–2016) 21[32] (2016–)
 Florida ? (–1988) 18[q] (1988–2021) 21[r] (2021–)
 Georgia ? (–1987) 17[citation needed] (1987–1993) 18 (1993–2020) 21[s] (2020–)
 Guam 18 (?–2018) 21[35] (2018–)
 Hawaii 15[t] (?–1988) 18[u] (1988–2016) 21[v] (2016–)
 Idaho 18 (?–2022) 21[w] (2022–)
 Illinois 18 (?–2019) 21[x] (2019–)
 Indiana ? (–1980) 16[citation needed] (1980–1987)
18 (1987–2020) 		21[y] (2020–)
 Iowa 16[18] (–1934)
21 (1934–1964) 		18 (1964–) 21[z] (2020–)
 Kansas ? (–1988) 18[aa] (1988–2023) 21[ab] (2023–)
 Kentucky None[citation needed] (–1990)
16[31] (1990–1992) 		18 (1992–2020) 21[ac] (2020–)
 Louisiana ? (–1988) None[14] (1988–1991)
18[31] (1991–2021) 		21[ad] (2021–)
 Maine ? (–1988) 18[ae] (1988–2018) 21[45] (2018–)
 Maryland 16[31] (–1989) 18 (1989–2019) 21[af] (2019–)
 Massachusetts ? (–1988) 18[ag] (1988–2018) 21[47] (2018–)
 Michigan ? (–1988) 17[ah] (?–1988)
18 (?–2019) 		21[ai] (2020–)
 Minnesota ? (–1988) 18[aj] (?–2020) 21[ak] (2020–)
 Mississippi ? (–1988) 18[al] (?–2020) 21[am] (2020–)
 Missouri ? (–1988) 18[an] (?–)
 Montana None[14] (–1993) 18[31] (1993–2020) 21[ao] (2020–)
 Nebraska ? (–1988) 18[ap] (1988–2019)
19 (Jan-Sep 2020) 		21[aq] (2020–)
 Nevada ? (–1988) 18[ar] (1988–2021) 21[as] (2021–)
 New Hampshire ? (–1988) 18[at] (1988–?)
19[au] (?–2020) 		21[av] (2020–)
 New Jersey None (–1883)
16[aw] (1883–1988) 		18[ax] (–2006)
19[ay] (2006–2017) 		21[56] (2017–)
 New Mexico None (–1988) 18 (?–2020) 21[az] (2020–)
 New York ? (–1886)
16[ba] (1886–?) 		18[bb] (1988–2019) 21[bc] (2019–)
 North Carolina ? (–1988) 18[bd] (1988–)
 North Dakota ? (–1988) 18[be] (1988–2021) 21[bf] (2021–)
 Northern Mariana Islands 18[bg] (?–)
 Ohio ? (–1939)
18[bh] (1939–2019) 		21[bi] (2019–)
 Oklahoma ? (–1988) 18[bj] (1988–2020) 21[bk] (2020–)
 Oregon None[bl] (1955–1988)
18[bm] (1988–2018) 		21[66] (2018–)
 Pennsylvania ? (–1988) 16[bn] (1988–?)
18[bo] (?–2020) 		21[bp] (2020–)
 Puerto Rico 18[bq] (?–)
 Rhode Island None (–1939)
16[br] (1939–?) 		18[bs] (1988–2021) 21[bt] (2021–)
 South Carolina ? (–1988) 18[bu] (1988–)
 South Dakota ? (–1988) 18[bv] (1988–)
 Tennessee 21[bw] (?–1970s) 18[bx] (1988–2021) 21[by] (2021–)
 Texas 16[bz] (–1989) 18[ca] (1989–2019) 21[cb] (2019–)
 United States Virgin Islands 18[cc] (?–)
 Utah 21[cd] (?–1953) 19[ce] (1953–2019) 21[cf] (2019–)
 Vermont ? (–1988)
17[cg] (1988–?) 		18[ch] (?–2019) 21[ci] (2019–)
 Virginia ? (–1988) 16[cj] (1988–?)
18[ck] (?–2019) 		21[cl] (2019–)
 Washington 21[cm] (?–1960s) 18[cn] (1988–2020) 21[co] (2020–)
 West Virginia ? (–1988) 18[cp] (1988–)
 Wisconsin None[14] (–1988) 18[cq] (?–)
 Wyoming None[14] (–1988) 18[cr] (?–2020) 21[cs] (2020–)

See also

Youth rights
Activities
Theory/concepts
Issues
Organizations
People
Related

Notes

  1. ^ The minimum legal age to purchase tobacco is aligned with Alabama's age of majority and was lowered from 21 to 19 in 1976.[15][16]
  2. ^ Since 2019, the smoking age in Alabama has been 21 under federal law. State law raised the smoking age to 21 in 2021 to align federal and state law.[17]
  3. ^ The smoking age in Alaska was 18 upon joining the United States in 1959.[18]
  4. ^ The smoking age in Alaska was 16 in 1988.[19]
  5. ^ The smoking age in Alaska was raised from 16 to 19 sometime between 1988–2022.[20] Since 2019, the smoking age in Alaska has been 21 under federal law. Under current state law, it is 19. In 2022, Governor Dunleavy vetoed a bill raising the smoking age.[21]
  6. ^ Since 2019, the smoking age in American Samoa has been 21 under federal law. Under current territorial law, it is 18.[22]
  7. ^ The smoking age in Arizona was 18 in 1988.[14] Since 2019, the smoking age in Arizona has been 21 under federal law. Under current state law, it is 18. A spokeswomen for the attorney general of Arizona said in 2020 that their office could not enforce the federal law.[23]
  8. ^ The smoking age in Arkansas was 18 in 1988.[14]
  9. ^ The smoking age was raised to 21 by the Arkansas General Assembly in 2019 three weeks prior to the federal Tobacco 21 law. It included a grandfather clause that exempted adults born before December 31, 2000.[24] After the passage of the federal Tobacco 21 law, Governor Asa Hutchinson announced that Arkansas would be enforcing federal law which did not include a grandfather clause.[25]
  10. ^ The smoking age in California was 16 prior to 1911.[26]
  11. ^ The smoking age in California was raised from 18 to 21 in 2016 and it included an exemption for military personnel 18–20.[27]
  12. ^ Colorado temporarily repealed its MLA in the 1960s and 70s.[18]
  13. ^ The smoking age in Colorado was 18 in 1988.[14]
  14. ^ Since 2019, the smoking age in Colorado has been 21 under federal law. State law raised the smoking age to 21 in 2020 to align with federal law.[28]
  15. ^ The smoking age was raised in Connecticut from 18 to 21 in 2019 two months prior to the passage of the federal Tobacco 21 law.[29]
  16. ^ The smoking age was raised in Delaware from 18 to 21 in 2019 seven months prior to the passage of the federal Tobacco 21 law.[30]
  17. ^ The smoking age in Florida was 18 in 1988.[14]
  18. ^ Since 2019, the smoking age in Florida has been 21 under federal law. State law raised the smoking age to 21 in 2021 to align federal and state law.[33]
  19. ^ Since 2019, the smoking age in Georgia has been 21 under federal law. State law raised the smoking age to 21 in 2020 to align federal and state law.[34]
  20. ^ The smoking age in Hawaii was 15 in 1963.[18]
  21. ^ The smoking age in Hawaii was 18 in 1988.[14]
  22. ^ The smoking age in Hawaii was raised from 18 to 21 in 2016.[36]
  23. ^ Since 2019, the smoking age in Idaho has been 21 under federal law. State law raised the smoking age to 21 in 2022 to align federal and state law.[37]
  24. ^ The smoking age was raised by the Illinois General Assembly to 21 in 2019 five months prior to the federal Tobacco 21 law.[38]
  25. ^ Since 2019, the smoking age in Indiana has been 21 under federal law. State law raised the smoking age to 21 in 2020 to align federal and state law.[39]
  26. ^ Since 2019, the smoking age in Iowa has been 21 under federal law. State law raised the smoking age to 21 in 2020 to align federal and state law.[40]
  27. ^ The smoking age in Kansas was 18 in 1988.[14][41]
  28. ^ Since 2019, the smoking age in Kansas has been 21 under federal law. State law raised the smoking age to 21 in 2023 to align federal and state law.[42]
  29. ^ Since 2019, the smoking age in Kentucky has been 21 under federal law. State law raised the smoking age to 21 in 2020 to align federal and state law.[43]
  30. ^ Since 2019, the smoking age in Louisiana has been 21 under federal law. State law raised the smoking age to 21 in 2021 to align federal and state law.[44]
  31. ^ The smoking age in Maine was 18 in 1988.[14]
  32. ^ The smoking age was raised in Maryland from 18 to 21 in 2019 one month prior to the passage of the Tobacco 21 federal law.[46] It included an exemption for military members 18–20.
  33. ^ The smoking age in Massachusetts was 18 in 1988.[14]
  34. ^ The smoking age in Michigan was 17 in 1988.[14]
  35. ^ Since 2019, the smoking age in Michigan was 21 under federal law. State law raised the smoking age to 21 in 2020 to align federal and state law.[39]
  36. ^ The smoking age in Minnesota was 18 in 1988.[14]
  37. ^ Since 2019, the smoking age in Minnesota was 21 under federal law. State law raised the smoking age to 21 in 2020 to align federal and state law.[48]
  38. ^ The smoking age in Mississippi was 18 in 1988.[14]
  39. ^ Since 2019, the smoking age in Mississippi was 21 under federal law. State law raised the smoking age to 21 in 2020 to align federal and state law.[49]
  40. ^ The smoking age in Missouri was 18 in 1988.[14] Since 2019, the smoking age in Missouri has been 21. Under state law, it is 18.[50]
  41. ^ Since 2019, the smoking age in Montana was 21 under federal law. State law raised the smoking age to 21 in 2020 to align federal and state law.[51]
  42. ^ The smoking age in Nebraska was 18 in 1988.[14]
  43. ^ Since 2019, the smoking age in Nebraska was 21 under federal law. State law raised the smoking age to 21 in 2020 to align federal and state law.[52]
  44. ^ The smoking age in Nevada was 18 in 1988.[14]
  45. ^ Since 2019, the smoking age in Nevada was 21 under federal law. State law raised the smoking age to 21 in 2021 to align federal and state law.[53]
  46. ^ The smoking age in Nevada was 18 in 1988.[14]
  47. ^ The smoking age in New Hampshire was raised from 18 to 19 sometime between 1988–2020.
  48. ^ Since 2019, the smoking age in New Hampshire was 21 under federal law. State law raised the smoking age to 21 in 2020 to align federal and state law.[54]
  49. ^ The smoking age in New Jersey was 16 in 1883 and in 1988.[18]
  50. ^ The smoking age in New Jersey was raised from 16 to 18 sometime between 1998–2006.
  51. ^ The smoking age in New Jersey was raised from 18 to 19 in 2006.[55]
  52. ^ Since 2019, the smoking age in New Mexico was 21 under federal law. State law raised the smoking age to 21 in 2020 to align federal and state law.[57]
  53. ^ The smoking age in New York was 16 in 1886.[18]
  54. ^ The smoking age in New York was raised from 16 to 18 sometime between 1886–1988.
  55. ^ The smoking age was raised to 21 by the New York State Legislature and signed by Governor Andrew Cuomo in 2019 five months prior to the federal Tobacco 21 law. The governor stated: "By raising the smoking age from 18 to 21, we can stop cigarettes and e-cigarettes from getting into the hands of young people in the first place and prevent an entire generation of New Yorkers from forming costly and potentially deadly addictions,"[58]
  56. ^ The smoking age in North Carolina was 18 in 1988.[14] Since 2019, the smoking age in North Carolina has been 21 under federal law. Under current state law, it is 18. In 2020, some tobacco shops started to complied with federal law while others only complied with state law.[59] An officer with the North Carolina Department of Public Safety described the conflicting laws: “We’re in limbo trying to figure out what we can and cannot do,”[60]
  57. ^ The smoking age in North Dakota was 18 in 1988.[14]
  58. ^ Since 2019, the smoking age in North Dakota has been 21 under federal law. State law raised the smoking age to 21 in 2021 to align federal and state law.[61][62]
  59. ^ Since 2019, the smoking age in the Northern Mariana Islands has been 21 under federal law. Under current territorial law, it is 18.[63]
  60. ^ The smoking age in Ohio was 18 in 1939.[18]
  61. ^ The smoking age was raised to 21 by the Ohio General Assembly in 2019 five months prior to the federal Tobacco 21 law.[64]
  62. ^ The smoking age in Oklahoma was 18 in 1988.[14]
  63. ^ Since 2019, the smoking age in Oklahoma has been 21 under federal law. State law raised the smoking age to 21 in 2020 to align federal and state law.[65]
  64. ^ Oregon temporarily repealed its ban on selling tobacco to minors in 1955.[18]
  65. ^ The smoking age in Oregon was 18 in 1988.[14]
  66. ^ The smoking age in Pennsylvania was 16 in 1988.[14]
  67. ^ The smoking age in Pennsylvania was raised from 16 to 18 sometime between 1988–2020.
  68. ^ Since 2019, the smoking age in Pennsylvania has been 21 under federal law. State law raised the smoking age to 21 in 2020 to align federal and state law. State law included an exemption for military personnel 18–20.[67]
  69. ^ Since 2019, the smoking age in the Puerto Rico has been 21 under federal law. Under current territorial law, it is 18.[citation needed]
  70. ^ The smoking age in Rhode Island was 16 in 1939.[18]
  71. ^ The smoking age in Rhode Island was 18 in 1988.[18]
  72. ^ Since 2019, the smoking age in Rhode Island has been 21 under federal law. State law raised the smoking age to 21 in 2021 to align federal and state law.[68][69]
  73. ^ The smoking age in South Carolina was 18 in 1988.[18] Since 2019, the smoking age in South Carolina has been 21 under federal law. Under current state law, it is 18.[70]
  74. ^ The smoking age in South Dakota was 18 in 1988.[18] Since 2019, the smoking age in South Dakota has been 21 under federal law. Under current state law, it is 18.[71]
  75. ^ The smoking age in Tennessee was 21 before the 1970s. There were efforts to lower it to 18/19 in the 1960s.[14]
  76. ^ The smoking age in Tennessee was 18 in 1988.[14]
  77. ^ Since 2019, the smoking age in Tennessee has been 21 under federal law. State law raised the smoking age to 21 in 2021 to align federal and state law.[72]
  78. ^ The smoking age in Texas was 16 in 1988.[14]
  79. ^ The smoking age in Texas was raised from 16 to 18 in 1989.[73]
  80. ^ The smoking age was raised to 21 by the Texas Legislature four months prior to the federal Tobacco 21 law. State law included a grandfather clause that exempted adults born before August 31, 2001, and an exemption for military personnel 18–20.[74]
  81. ^ Since 2019, the smoking age in the Puerto Rico has been 21 under federal law. Under current territorial law, it is 18.[citation needed]
  82. ^ The smoking age in Utah prior to 1953 was 21.[18]
  83. ^ The smoking age in Utah was lowered from 21 to 19 in 1953.[18]
  84. ^ The smoking age was raised to 21 by the Utah State Legislature ten months prior to the federal Tobacco 21 law. State law included an exemption for military personnel and their spouses and dependents 19–20.[75]
  85. ^ The smoking age in Vermont was 17 in 1988.[14]
  86. ^ The smoking age in Vermont was raised from 17 to 18 sometime between 1988–2019.
  87. ^ The smoking age was raised to 21 by the Vermont General Assembly three months prior to the federal Tobacco 21 law.[76]
  88. ^ The smoking age was 16 in 1988.[14]
  89. ^ The smoking age in Vermont was raised from 16 to 18 sometime between 1988–2019.
  90. ^ The smoking age was raised to 21 by the Virginia General Assembly five months prior to the federal Tobacco 21 law.[77]
  91. ^ The smoking age in Washington was 21 before the 1970s. There were efforts to lower it to 18/19 in the 1960s.[18]
  92. ^ The smoking age in Washington was 18 in 1988.[14]
  93. ^ Since 2019, the smoking age in Washington has been 21 under federal law. State law raised the smoking age to 21 in 2020 to align federal and state law.[78]
  94. ^ The smoking age in West Virginia was 18 in 1988.[14] Since 2019, the smoking age in West Virginia has been 21 under federal law. Under current state law, it is 18.[79]
  95. ^ The smoking age in Wisconsin was raised to 18 sometime between 1988–2022. Since 2019, the smoking age in Wisconsin has been 21 under federal law. Under current state law, it is 18. In 2022, a bill to amend state law to raise the smoking age to 21 passed in the Wisconsin State Assembly and is pending in the state senate.[80]
  96. ^ The smoking age in Wyoming was raised to 18 sometime between 1988–2020.
  97. ^ Since 2019, the smoking age in Wisconsin has been 21 under federal law. State law raised the smoking age to 21 in 2020 to align federal and state law.[81]

References

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  6. ^ "Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco to Protect Children and Adolescents". Federal Register. August 28, 1996. Retrieved April 25, 2021.
  7. ^ Food and Drug Administration, et al. v. Brown & Williamson Tobacco Corporation, et al., 529 U.S. 120 (Supreme Court of the United States 2000).
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  10. ^ Griggs, Brandon (April 27, 2015). "Hawaii set to become first state to raise smoking age to 21". CNN.
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  16. ^ "House votes to lower age of majority to 18". Alabama Political Reporter. February 24, 2017. Retrieved May 31, 2022. Rep. Kerry Rich (R-Guntersville) said, "I am going to vote for the bill. I was here in 1976 when it was lowered to 19 [from 21]
  17. ^ Hall, Mary Helene (May 19, 2021). "You now must be 21 to buy vaping devices in Alabama". AL.com.
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  22. ^ "American Samoa looks to tighten tobacco laws". RNZ. January 13, 2018.
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  24. ^ "Arkansas law goes into effect today raising minimum age of smoking to 21". THV11. Retrieved May 31, 2022.
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  43. ^ "Senate Bill 56". Kentucky General Assembly. Retrieved May 31, 2022.
  44. ^ "Louisiana increases age for tobacco and vapor products from 18 to 21". KATC. June 17, 2021. Retrieved May 31, 2022.
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