Mary Jo Pitzl

The Republic | azcentral.com

Supporters say the higher purchasing age could deter the start of smoking

The bill was inspired by Cottonwood teens who convinced their city council to raise the sales age

Teenagers no longer could buy tobacco products or e-cigarettes under a proposal at the Arizona Legislature to raise the legal age for such purchases to 21 from 18.

Rep. Paul Boyer, R-Glendale, said it could have big health benefits by potentially delaying the age at which young people start smoking, or even preventing them from starting.

But don't credit him with the idea. He said he was inspired by a group of high-school students in Cottonwood who pushed that city to raise the purchase age to 21 last year. Now, he wants to take that idea statewide.

House Bill 2335 would put tobacco purchases on par with liquor sales and would be simple to enforce, Boyer said. That's because drivers younger than 21 already get a vertically-oriented driver's license, which makes it easy to identify them as underage.

Arizona could become just the third state with such a rule, though several other legislatures across the country are considering similar proposals.

The House Health Committee advanced the bill on a 7-2 vote. Rep. Jay Lawrence, R-Scottsdale, objected to the higher age limit, arguing it reflects too much government interference. Rep. Tony Navarrete, D-Phoenix, said the bill could harm smoke shops that cater to ethnic minorities and hookah bars.

The bill next goes before the House Commerce Committee. A hearing has yet to be scheduled.

Students push for higher age

Gunner Tillemans plans to tell lawmakers about the drive he and fellow Mingus Union High students led to raise the purchase age.

"When this first came out, people were saying, 'I"m leaving Cottonwood,' " Tillemans said. But things soon settled down, he said, and the City Council approved the proposal with unanimous support.

Tillemans, 16, said he's not trying to be a buzzkill for fellow teens, nor is he suggesting that youth who are old enough to sign up for the military and take a bullet for their country shouldn't have freedom of choice.

"We're not saying 18-year-olds are not adults," he said. "We're saying you're not ready to enlist into a lifetime of smoking."

Kids may physically be mature by age 18, he said, but they're not neurologically. That makes it easier for their brains to develop in ways that result in addiction, he said, citing research he picked up through his work with the Yavapai Anti-Tobacco Coalition of Youth.

Plus, by moving the purchase age to 21, high-school kids can't tap their 18-year-old classmates to buy for them, Tillemans said. This narrows the "social sources" pipeline, he said.

Tobacco rep: Educating adults is the answer

Tom Briant said he has heard the social-sources argument before. Raising the sales age to 21 won't stop kids from getting cigarettes from older friends, relatives or even strangers, said Briant, the executive director of the National Association of Tobacco Outlets.

His Minnesota-based organization, which lobbies for retailers who sell tobacco, has tracked the higher-age limit efforts in various states. So far, only California and Hawaii have raised the threshold to 21; there are efforts afoot in several states including Connecticut, Massachusetts and Vermont. North Dakota is looking at raising the legal age to 19 from 18.

Briant said the tobacco outlets he represents will follow the law, whatever it is. But the key to keeping cigarettes out of the hands of teens, and younger people, is to educate adults about their complicity in the issue, he said.

"Until there is a societal attitude change that adults should not be a source of tobacco for kids, passing a higher minimum-age law will not be effective in further lowering the use of tobacco by underage kids," Briant said.

Nanny state?

Boyer said he expects some opposition from tobacco companies, although none has registered opposition to the bill.

In Cottonwood, the council's bigger concern was the loss of tax revenue from tobacco sales, but that was estimated to be nominal. The ban took effect in June.

Statewide, the tobacco tax funds various health programs, including education initiatives about smoking cessation. Some of the proceeds from a 2 cent-per-pack increase pay for enforcement of the state's ban on smoking in bars and restaurants. The First Things First program for early-childhood programs relies on an 80 cent-per-pack tax that voters approved in 2006.

There is no analysis on the effect of raising the purchase age on state tobacco-tax collections.

Boyer is hopeful the bill would deter teens from starting smoking, saying he's seen research that most smokers start the habit before age 21. The bill would make purchase by anyone under 21 or anyone who sold to a buyer under 21 subject to a petty offense. It carries a fine of up to $300.

Victoria Alonso, 18, shrugged as she walked along Central Avenue in downtown Phoenix when asked how she feels about the proposal.

"Personally, I don't smoke so it doesn't affect me," said Alonso, a freshman at Arizona State University studying criminal justice.

She said she generally takes a conservative view on issues, and can understand people who would argue that the proposed law has a "nanny state" tinge to it.

But, she said, she finds the habit repulsive and said even an age minimum of 21 might not be high enough.

"I still think a 21-year-old doesn't know what the hell you're doing with your life, anyway," she said.

Reach the reporter at maryjo.pitzl@arizonarepublic.com and follow her on Twitter @maryjpitzl