What is the Reason for Raising the Smoking Age From 18 to 21 in Texas?

Texas has raised the legal smoking age from 8 to 21. It means Texas will now have to wait until they turn 21 if they want to buy tobacco or nicotine products, except from the military members. This change has significant implications for a lot of people, businesses, and public health initiatives across the state. As a resident of Texas or a general public, you may be wondering about the reason for the smoking age in your state to be raised from 18 to 21. So, what is the reason that makes it happen?

Background

Almost every adult smoker starts smoking when they are still kids or young adults. According to national data, about 95% of adult smokers start it before they celebrate their 21 birthdays. The ages between 18 years old to 21 years old are known as a crucial period as many smokers turn into a new phase from experimental smokers into regular ones. In fact, about 46% or less than half of adult smokers started to be regular smokers before the age of 18 and only four out of five do so before celebrating their 21 birthdays.

Kids and teens are known as the targets of the tobacco industry. As many adult smokers decide to retire, they need to protect the profit of the company by dragging the youngsters into the same hole. These companies are aware that the young ones can become addicted to tobacco if they try it for the first time before the age of 21.

According to the Campaign for Tobacco-Free Kids, almost 12% of high school students in Texas smoke cigarettes. The data of the Texas State Department of Health shows that 16% of middle school and high school students have tried at least one cigarette.  It is also said that about a third of Texas high schoolers and 11.5% of middle schoolers had tasted electronic cigarettes or e-cigarettes, as per a January report collected by the Texas Department of Health and Human Services. Can you imagine how many of them use both?

From the federal data, it can be seen that between 2017 and 2018, the high schoolers who used tobacco products skyrocketed 40% from 19.6% to 217.1%. Tobacco tops the list of the cause of preventable death in Texas and across the country. The data collected by the University of Texas MD Anderson Cancer Center shows that this poison translates to $8.85 billion in health care spending every year in this state.

The CEO of Prism Health North Texas and the chair of the Texas Public Health Coalition, Dr. John Carlo, said that we have known for decades how harmful tobacco and nicotine are for our youth and children, and how teen smokers become the next generation of adults addicted to tobacco. He then added that we now urge the Senate and Gov. Greg Abbott to protect our Texas youth from nicotine addiction, lower the threat of smoking-related diseases and early death, and reduce health care costs for everyone in Texas.

Due to the dangerous effect of tobacco, a number of organizations demanded Texas lawmakers to increase the minimum age for tobacco purchase and use. Fortunately, a bill that raised the legal smoking age from 18 to 21 was signed by the Republican Governor Greg Abbott into law on June 7, 2019. This law started to take effect on September 1. The law prohibits the sale of tobacco products to anyone who is still under the age of 21, except from the military members. At first, it did not exempt military members. However, it was changed after a few Republican resistance in both the House and Senate. Besides, it also makes the fines for underage smokers $100, lowering it by $150.

Reason for Raising the Smoking Age from 18 to 21 in Texas

The reason why the smoking age in Texas was raised from 18 to 21 is to reduce smoking and other tobacco use among youth. It will prevent the young ones from trying tobacco, which results in the smoking-cause deaths to reduce and improve the health of many, including adults and young ones, as well as reduce the health care costs caused by tobacco use.

The Institute of Medicine, which is now known as the National Academy of Medicine, reported in 2015 that raising the tobacco age to 21 will make a positive impact on public health. Plus, it will also save lives.

A Republican from Houston, Sen. Joan Huffman, the one who crafted Senate Bill 21, said that she hoped increasing the smoking age would keep cigarettes, electronic cigarettes and tobacco products away from the public schools by creasing social distance between students who are younger and the ones who are old enough to purchase these things.

List of Tobacco Products Covered by the New Tobacco 21 Law

For anyone who is wondering about the tobacco products that are covered by the new T21 law, the list includes:

• • Cigarettes
  • Smokeless tobacco
  • Hookah tobacco
  • Cigars
  • Pipe tobacco
  • Electronic nicotine delivery systems (such as e-cigarettes and e-liquids)

Reactions to Tobacco 21 Law

Tobacco 21 law has earned so many reactions from many parties. While it may sound strange, one of the Big Tobacco companies, Altria, the one who is known as the parent company of Philip Morris USA, lobbied Texas lawmakers to increase the age of tobacco sales this year, as reported by the Dallas Morning News. Aside from that, there is also a maker of the popular e-cigarette device called Juul Labs that also showed their support for the Texas bill. Here is the full statement released by the company:

“Juul Labs supports Tobacco 21 legislation wherever it is active, which is currently Arkansas, Connecticut, Delaware, Illinois, Kentucky, Maryland, Minnesota, New York, Utah, Vermont, Virginia, Washington, and West Virginia. We urge lawmakers in states without these age protections to follow their examples, and when and if they do, we will proudly support their efforts.”

Both Altria and Juul Labs have reportedly spent millions of dollars into ads supporting this law elsewhere. However, they asked the local governments to not raise the legal age higher than 21.

While the reactions to the smoking age law in Texas are mostly positive, there are also some who are worried that the law falls short when it comes to enforcement funding. They worry that the money of $9.5 million will be used only for education and prevention and not for enforcement activities.

Minimum Purchasing Age for Tobacco in the United States

Actually, Texas is not the only state that has the smoking age of 21. Just like Texas, Arkansas and Vermont were also gone through the same process as it at the same time. A lot of states such as California, Delaware, Hawaii, Illinois, Maine, Massachusetts, New Jersey, Ohio, Oregon, and Virginia already have similar laws in place. Washington and Utah had also done it and the effect started in 2020 and 2021 respectively. In addition, Connecticut, Maryland, and New York, followed the footsteps of the other states shortly after.

For those who are curious about the history of minimum purchasing age for tobacco in the United States, check out the following table:

Result of the New Tobacco 21 Law

Since the law of 2 years old to buy and possess tobacco became effective in Texas, the use of tobacco in this state by teens decreased from 21.8% in 2019 to 19.1% in 2021, as per the Centers for Disease Control and Prevention or CDC and the American Lung Association.

Other Strategies Used to Reduce Smoking and Other Tobacco Use Among Youth

Raising the smoking age from 18 to 21 is not enough to reduce smoking and other tobacco use among youth in Texas. Apart from that, some other strategies are also used, including:

• • Prohibiting flavored tobacco products
  • Increasing tobacco taxes
  • Tightening smoke-free laws
  • Funding and sustaining tobacco prevention and cessation programs

Bottom Line

In conclusion, the reason for raising the smoking age from 18 to 21 in Texas is to minimize smoking and other tobacco use among youth, which means reducing the deaths, disease and health care costs caused by tobacco use. The government of Texas wants to create a healthier environment for its residents and minimize the smoking-related illness across the state. They want to promote public health and to safeguard future generations from the harm of tobacco addictions.

Tia Varborough

A bookworm and researcher especially related to law and citizenship education. I spend time every day in front of the internet and the campus library.