Nebraska's smoking age used to be 18, as of 2020 the new age is 19

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THE FDA CHANGED THE SMOKING AGE FROM 18 TO 21, AND IT’S CAUG TOBACCO BUSINESSES OFF GUARD >> IT WAS A LITTLE SURPRISING. I DIDN’T REALLY EXPECT IT. EMILY: BEFORE THE NEW YEAR, THE FDA ANNOUNCED IT’S ILLEGAL TO SELL ANY TOBACCO PRODUCT TO PEOPLE UNDER 21. OWNERS ROSS PLUM AND RYAN MCCOLLLUM OF GREENSTAR GLASS AND GOODIES IN COUNCIL BLUFFS SAY THEY’RE NOT IN FAVOR OF THE NEW LAW. >> I FEEL LIKE AS A SOCIETY, WE’RE KIND OF TREATING YOUNG ADULTS MORE AND MORE LIKE CHILDREN EMILY: BUT IN NEBRASKA, AS OF JANUARY 1, 2020, THE STATE’ LEGAL AGE TO BUY AND USE TOBACCO IS 19. IN A STATEMENT RELEASED BY ATTORNEY GENERAL DOUG PETERSON, LAW ENFORCEMENT IS ADVISED TO ENFORCE STATE LAW FOR NOW "UNLESS THE NEBRASKA LEGISLATURE CHANGES THE MINIMUM AGE FROM 19 TO 21 AS SUGGESTED BY THE FEDERAL TOBACCO 21 ACT THAT’S CONFUSING FOR SHOP OWNERS IN NEBRASKA, LIKE CASSIE MARTIN. >> IT KIND OF MAKES IT HARD ON SOME OF US BUSINESSES. WE’RE NOT REALLY SURE. WE KNOW WE’RE AT LEAST SUPPOSED TO GO TO THE 1 BUT SHOULD WE BE STARTING THE 21 ALREAD EMILY: MARTIN THINKS SHE’LL SEE YOUNG PEOPLE WHO’VE USED TOBACCO PRODUCTS STILL FIND A WAY TO GET THEM. >> UNFORTUNATELY, SINCE IT IS 21 THERE AND 19 HERE, WE PROBABLY WILL SEE AN UPTICK IN BUSINESS FROM OUR IOWA CUSTOMERS. EMILY: FOR NOW, SHE’LL STICK WITH THE NEBRASKA STATE LAW. >> WE JUST HAVE TO TAKE IT DAY BY DAY UNTIL WE FIND OUR MORE INFORMATION. EMILY: THE IOWA STATE AGE FOR TOBACCO USE AND PURCHASE IS STILL 18, BUT MOST TOBACCO STORES THERE HAVE ALREADY SWITCHED TO COMPLYING WITH THE FEDERA

Advertisement Legal tobacco smoking age confusion: Nebraska enforces state age of 19, not federal age of 21 Nebraska's smoking age used to be 18, as of 2020 the new age is 19 Share Shares Copy Link Copy

The Nebraska smoking age used to be 18, but as of Jan. 1, 2020, state law raised the age to 19. Nebraska Attorney General Doug Peterson is telling law enforcement to follow the state law, and not the federal law.On December 20, President Donald Trump signed a bill to amend the Federal Food, Drug, and Cosmetic Act, which raised the federal minimum age to use and purchase tobacco products to 21.Almost a week later, the FDA announced on its website, "It is now illegal for a retailer to sell any tobacco product -- including cigarettes, cigars, and e-cigarettes -- to anyone under 21."In a statement released by Attorney General Doug Peterson, he says his office is "advising Nebraska law enforcement and pertinent state agencies that enforcement shall be limited to enforcement of the state law, unless the Nebraska Legislature changes the minimum age from 19 to 21 as suggested by the federal 'Tobacco 21 Act.'"Cassie Martin, co-owner of Boosted Dreamz Glass in the Old Market, said the decision between following the state age or federal age is confusing."It kind of makes it hard on some of us businesses. We're not really sure. We know we're at least supposed to go to the 19. Should we be starting the 21 already?" Martin said.Ross Plum, co-owner of GreenStar Glass and Goodies in Council Bluffs, said the change to 21 caught local businesses off guard, "It was surprising. I didn't really expect it, especially with the recent vape scare and them coming back off of that, I just expected it to remain the same at 18."Ryan McCollum, the other owner at GreenStar Glass and Goodies, said they're not happy with how the change will affect other small local businesses."I feel like as a society we're kind of treating young adults more and more like children," McCollum said.The Iowa state age for tobacco use and purchase is still 18, but most tobacco stores there have already switched to complying with the federal age of 21.Martin predicts Nebraska tobacco stores will see an uptick of young tobacco users from Iowa.She said for now, she'll stick with the Nebraska state law."We just have to take it day by day until we find out more information," she said.