Bill raising legal tobacco purchasing age to 21 passes Senate
Measure would bring Idaho law into symmetry with federal law
BOISE — An effort to clarify the legal age for tobacco purchases in Idaho narrowly passed the Senate on a 19-15 vote Tuesday.
Under federal law, people must be 21 or older to legally purchase or possess tobacco or vaping products. Congress raised the age limit from 18 to 21 in 2019, when President Donald Trump was in office.
Idaho law, however, still lists 18 as the legal age for tobacco purchases.
Senate Bill 1284 changes that to 21, bringing Idaho law into symmetry with federal law.
Sen. Fred Martin, R-Boise, the bill sponsor, said the disparity between state and federal law causes confusion for Idaho retailers. Although they’re required to comply with the federal age limit, the signs they have to post indicate that 18 is the minimum age under state law.
“Having a lower state minimum age creates confusion among retailers and consumers,” Martin said.
Enforcing the 21 year age limit is also one of the most effective steps government can take to reduce teen smoking and vaping, he said.
With SB 1284, “we have an opportunity to comply with federal law and give clarity to our merchants,” Martin said. “This is something I’ve worked on for a number of years. I believe this is helping our society. … I think it’s important because of the health and well-being of our young citizens. We need to make it so they’re not getting hooked on tobacco at a young age. This bill will help that happen.”
Several lawmakers, though, objected to treating adults age 18 to 20 different than adults age 21 and over.
“I appreciate this effort, but I have to oppose it based on the age requirement,” said Sen. Robert Blair, R-Kendrick. “My brother was good enough to serve (in the military) when he was younger than 21. If they’re able to do that and be classified as adults, I think we’re doing a disservice to these young people by having legislation (that treats) them differently.”
Senate President Pro Tem Chuck Winder, R-Boise, noted the military used to include cigarettes in the rations they distributed to soldiers, but now prohibits military base retailers and contractors from selling tobacco products to soldiers under the age of 21.
“My brother didn’t smoke when he went into the military,” said Winder, a retired U.S. Navy aviator. “They put cigarettes into his rations, he became addicted and died from congestive heart failure at 61. If the military is willing to say this isn’t good for our (troops), it’s causing health problems in our troops, then I’m willing to support (SB 1284).”
Sen. David Nelson, D-Moscow, also voted in favor of the bill. Sen. Carl Crabtree, R-Grangeville, voted in opposition.
The legislation now heads to the House for further action. A similar bill passed the Senate last session, but died in the House on a 40-28 vote.
Spence may be contacted at bspence@lmtribune.com or (208) 791-9168.
