On May 13, Gov. Larry Hogan, R-Md., signed legislation raising the legal age for buying tobacco products to 21. Maryland now stands among neighbors, such as the District of Columbia and Virginia, as well as states such as New York and California in its embrace of the nanny state.
The new policy is a mistake. Raising the smoking age fails to improve public health, sends a harrowing message about maturity and adulthood to those under 21, and gives the tobacco industry an opportunity to protect themselves from meaningful reforms.
State legislatures across the country have lifted the smoking age in response to claims of “epidemic level use” of e-cigarettes by young people from officials in Washington, D.C., such as former Food and Drug Administration Commissioner Scott Gottlieb. “Vaping’s all the rage, it seems,” said State Del. Dereck Davis, a Democrat. “There’s this thought that somehow vaping is safe, but nothing is further from the truth.”
Vaping isn’t completely safe, but importantly, that’s not what proponents have claimed.
Instead, many authorities like the American Cancer Society have acknowledged that e-cigarettes are at least safer than traditional tobacco products. Additionally, a government-funded expert review from the United Kingdom concluded in 2015 that e-cigarettes are 95% safer than traditional combustible cigarettes, which contain harmful substances and increase risk for cancer, lung, and heart disease.
We should adopt a realistic attitude toward minimizing the risks associated with smoking, and embracing e-cigarettes is one way to do this. Vaping is effective in minimizing the risks associated with smoking, and while perhaps young people would be better off abstaining from vaping, it’s nonetheless a vastly preferable alternative to traditional cigarettes.
Some legislators in Annapolis such as State Sen. Michael Hough, a Republican, took issue with the idea that those under 21 are eligible for military service and may serve in combat, but will no longer be legally able to purchase tobacco or e-cigarette products. This sentiment is clearly correct, but legislators decided to address it in the most ridiculous way possible. The state passed an exemption for those under 21 serving in the military, granting them the ability to purchase all smoking products, from e-cigarettes to traditional combustible cigarettes.
This exemption sends a concerning message. If you’re under 21, you can vote, serve on a jury, and join the military (all of which are beneficial to the government), but if you want to puff some vape or relax with a cigar, you must be willing to risk your life in the military. Otherwise, you will face fines, community service, or possibly even jail time.
Meanwhile, tobacco companies are actively collaborating with anti-smoking advocates and joyously reaping the benefits. Altria, Juul, and British American Tobacco all have announced their support for legislation raising the federal smoking age to 21.
Tobacco companies support bans for those under 21 to protect their profit margins, which are steadily falling and will continue to decline as states lift the smoking age. It might seem paradoxical that they would support age restrictions, however, this will be less of a blow compared to FDA recommendations of removing certain products entirely from the marketplace and banning flavors appealing to younger consumers. Corporate interests are backing this latest regulation only to avoid something worse.
Industry support for Maryland’s age-based efforts provides positive press coverage and downplay calls from the FDA for a more proactive role in limiting use by younger users. Additionally, industry leaders have managed to carve special benefits from state legislatures in these bans, such as prohibitions against local governments banning certain flavors for their appeal to younger consumers.
With the law taking effect in October, that leaves just a few months for Marylanders under 21 to either join the armed forces or enjoy their last few puffs of an e-cigarette. This is a shame. Legislators in Annapolis have hundreds of problems to address, and cherry-flavored steam just isn’t one of them.
There are countless real issues legislators should be focusing on, and all they’ve done here is successfully shut down a healthier alternative to cigarettes for young people.
Leonard Robinson is a Young Voices contributor.
