A bill raising the smoking age in Hawaii to 21 would put the state in the lead in national efforts to prevent nicotine addiction, but is worrying some young smokers whose habit would suddenly be forbidden in public.
The legislation, Senate Bill 1030 HD 2, still needs the signature of Gov. David Ige and would not take effect until Jan. 1. Ige spokeswoman Jodi Leong said Friday the bill is undergoing legal and policy review.
It had strong support from public health advocates as a way to keep the next generation from getting hooked on smoking, but critics called it too far-reaching.
"We’re really pleased that our lawmakers were willing to take that bold step and be the crusaders and lead the way in the country for tobacco prevention," said Jessica Yamauchi, executive director of the Coalition for a Tobacco-Free Hawaii. "There is definitely a lot of excitement around the country. I believe there are six or seven states that have pending legislation that are looking at this to help move the momentum."
Hawaii would be the first state to raise the legal age for tobacco and electronic cigarette sales to 21 from 18, following the example of Hawaii County and New York City, which both did so last year. Dozens of smaller jurisdictions have done the same.
The Hawaii bill would go further by also prohibiting possession and use of smoking devices in public by people under 21, under a provision that was added to a late version of the bill.
The bill’s lead author, state Sen. Rosalyn Baker (D, West Maui-South Maui), said she was surprised it passed.
"Anytime that you’re trying to make a societal change like this, it can take several tries," Baker said. "We just had the science and the research as well as the facts behind the effort."
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STATE OF THE UNION
Hawaii would be the first state in the nation to limit sales of tobacco and e-cigarettes to people age 21 and up.
18
Minimum age under federal law
19
Minimum age in Alabama, Alaska, New Jersey and Utah
TOBACCO TO 21
A bill under consideration by Gov. David Ige would:
>> Ban the sale of tobacco products and e-cigarettes to anyone under 21. Fines start at $500.
>> Ban possession of tobacco products and e-cigarettes in public places by anyone under 21. Fines start at $10.
>> Effective date: Jan. 1
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The legislation picked up steam after surveys showed dramatic increases in electronic cigarette use by high school students in Hawaii. The devices vaporize liquid that contains nicotine and chemicals, offering an array of flavors from coffee to banana cream pie.
Then came a report from the Institute of Medicine in March projecting that raising the age for tobacco sales to 21 would substantially reduce smoking among young people, as well as tobacco-related illness and deaths.
The report noted that young teens often rely on friends who are 18 to buy their tobacco, but are less likely to move in the same social networks as 21-year-olds.
"Nicotine is incredibly addictive, and adolescents and young adults are more susceptible to its effects because their brains are still developing," it said.
Nine out of 10 adult smokers started smoking before age 21, according to a U.S. Surgeon General report in 2012.
"If you wait until you’re 21, your brain has mostly developed, and it doesn’t respond as quickly to pleasure stimuli that would get you to make poor choices," Baker said.
The bill’s biggest critics came from the "vaping" community, users and sellers of electronic cigarettes or vaporizers. Devin Wolery, president of Hawaii Vapers United, argued that electronic smoking devices are safer than traditional cigarettes and can be a lifesaving technology because users can dial down the nicotine and ultimately quit.
Overnight, the legislation could turn thousands of people who are smokers or vapers into possible lawbreakers, he said in an interview Friday.
Moani Langi, a 20-year-old sales associate at Ala Moana Center, is one of those who could be affected. She started smoking at 15, sneaking cigarettes from her parents’ stash, and still smokes regular cigarettes.
"What about the smokers who are under 21?" she asked. "What are we going to do?"
Her father quit smoking with the help of e-cigarettes, but she said they gave her a headache.
"I was thinking about quitting but now I really have to," she added.
As originally proposed, the bill focused on sales. The penalty for selling tobacco products or electronic smoking devices to people under 21 would be $500 for the first offense and from $500 to $2,000 for future infractions.
The final draft of the state bill includes limits on possession as well. People under 21 caught with smoking paraphernalia in public could face fines starting at $10 for the first offense and $50 or up to 72 hours of community service for future infractions.
The restriction on possession was initially opposed by some public health advocates who said such efforts have not proved effective in reducing youth smoking. But they supported the overall bill because they wanted to raise the age limit on tobacco sales.
Lila Johnson, who manages the Tobacco Prevention Education Program at the Department of Health, said the limits on possession in the bill would not criminalize offenders. People who are cited would simply have to pay the fine and would not have to go to court or have the infractions on their records.
State Sen. Glenn Wakai (D, Kalihi-Salt Lake-Aliamanu) has been pushing for years to ban tobacco use by youth as well as sales, with backing from students at Moanalua High School.
"Children were getting a mixed message — they couldn’t buy cigarettes, but it was perfectly fine for them to light up," Wakai said. "We snuffed out that glaring loophole."
Opponents warn that the bill could have wide effects, such as reducing tobacco tax revenues and dampening tourism.
"Why would I go to Hawaii for vacation if I can go someplace else that doesn’t have this law?" Wolery asked. "Same thing for college students. It could affect a lot of different things. It’s going to put a lot of vape shops out of business because of that age range."
The bill did not go through the finance committees at the Legislature, but the Tax Foundation of Hawaii estimated last week that it would cost $5.5 million in lost tobacco taxes, not counting reduced general excise taxes, according to the foundation’s president, Tom Yamachika.
The impact on members of the armed forces is not yet clear. The federal minimum tobacco sales age is 18, and federal law usually prevails on military bases.
Stefanie Gardin, public affairs officer for U.S. Army Garrison-Hawaii, said it is too soon to say how the bill would affect soldiers.
"We are currently reviewing the proposed legislation to assess potential impacts to the Army community in Hawaii," she said. "Regardless, the Army places an emphasis on healthy lifestyle practices. We strongly encourage and support our soldiers, civilian employees and family members in making the choice to be tobacco-free."
Don Weisman, government relations director for the American Heart Association, Hawaii Division, noted that members of the military may not legally drink until age 21.
"Smoking is actually more dangerous," he said. "You can drink in moderation. With tobacco there is no safe level of use."
Hawaii County Council Chairman Dru Kanuha said implementation of the ban on sales to people under age 21 has gone smoothly on his island. The county ordinance did not apply to possession, and grandfathered in sales to people who were already 18. The proposed state law would supercede it.
"Everyone seems to be compliant," Kanuha said. "There haven’t been too many complaints. I’m glad the state took this seriously, because it is a very serious issue when we’re dealing with the health of our keiki and young adults and the entire community."
