Tobacco 21 & What it Means for You

Posted at 10:44 AM

The South-Central Health District is reminding tobacco retailers and consumers that the federal minimum age of sale and/or distribution of cigarettes, tobacco products, tobacco-related objects, alternative nicotine products, and vapor products has increased from 18 years of age to 21 years of age with no exceptions.  

The implementation of Senate Bill 375 (often referred to as Tobacco 21 or T21), was a United States national campaign to raise the minimum legal age to purchase tobacco and tobacco-related products in the United States from 18 to 21. This became effective immediately on January 2020 and it still remains illegal for retailers to sell tobacco products to anyone under 21.  

As relating to the state of Georgia, Title 16 of the Official Code of Georgia Annotated, amended relating crimes and offenses relating to the sale or distribution to, or possession by, minors of cigarettes and tobacco-related objects, by the General Assembly of Georgia.  

The law states that it shall be unlawful for any person knowingly to:  

  • Sell or barter, directly or indirectly, any cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products to any individual under the age of 21 years. 
  • Purchase any cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products for any individual under the age of 21 years. 
  • Advise, counsel, or compel individual under the age of 21 years to smoke, inhale, chew, or use cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products. 
  • Purchase, attempt to purchase, or possess for personal use any cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products. 
  • Misrepresent such minor's his or her identity or age or use any false identification for the purpose of purchasing or procuring any cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products. 
  • Use a vapor product within a school safety zone. 

According to the Centers for Disease Control and Prevention, nicotine is highly addictive and harms brain development for adolescents and youth. Within the CDC’s Tobacco 21: Policy Evaluation for Comprehensive Tobacco Control Programs states that people who begin smoking at a young age are more likely to become addicted, to progress to daily smoking, and to smoke more heavily in adulthood. 

Programs such as Tobacco 21: Policy Evaluation for Comprehensive Tobacco Control Programs and The FDA’s (Food and Drug Administration) “This is Our Watch” serves as a guide to help retailers and consumers understand both the importance of compliance with tobacco regulations and to raise awareness of tobacco consumption.  

Free resources for quitting tobacco are available for Georgia residents 13 years and older who want to quit smoking, vaping, or using tobacco can call the Georgia Tobacco Quit Line: 

1-877-270-7867 (English)  • 1-877-266-3863 (Spanish) • 1-877-777-6534 (Hearing Impaired) 

Youth and young adults who wish to quit vaping (e-cigs) may enroll in This is Quitting by texting VAPEFREEGA to 88709. 

Per the General Assembly of Georgia via the Senate Bill 375: 

WHAT IS DEFINED AS A CIGARETTE? 

A “Cigarette” is defined as any roll or stick for smoking made wholly or in part of tobacco 310 when the cover of the roll is paper or any substance other than tobacco or when the stick 311 is heated in a device without combustion. 

WHAT IS DEFINED AS A TOBACCO PRODUCT? 

A “Tobacco Product” is defined as any cigars, little cigars, granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff or snuff powder; cavendish; plug and twist tobacco; fine-cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such a manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking. 

WHAT IS DEFINED AS A TOBACCO-RELATED PRODUCT? 

A “Tobacco Related Object” is defined as any papers, wrappers, or other products, devices, or substances, including cigar wraps, which are used for the purpose of making cigarettes or tobacco products in any form whatsoever. 

WHAT IS DEFINED AS A VAPOR PRODUCT? 

A “Vapor product” is defined as any noncombustible product containing nicotine that  employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor or  aerosols from nicotine or other substances in a solution or other form. 

Such term shall include, but shall not be limited to, any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor or aerosol cartridge or other container of nicotine or other substance in a solution or other form, including, but not limited to, a device component, part, or accessory of the device, that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. 

WHAT IS DEFINED AS AN ALTERNATIVE NICOTINE PRODUCT? 

An alternative nicotine product is defined as any noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means. 

HOW WILL THE NEW MINIMUM LEGAL SALES AGE AFFECT AGE VERIFICATION? 

A seller distributor of any cigarettes, tobacco products, tobacco-related objects, alternative nicotine products, or vapor products must verify identification from everyone attempting to purchase tobacco products my means of any document issued by a governmental agency containing a description of the individual, the individual’s photograph, or both, and giving the individual’s date of birth and includes, without being limited to, a passport, military identification card, driver’s license, or a State of Georgia ID Card. 

Also, a seller or distributor of any cigarettes, tobacco products, tobacco-related objects, alternative nicotine products, or vapor products must refuse to sell them to everyone under 21.  

Retailers are responsible for upholding the law Tobacco 21 law, and failure to comply with the will result in a misdemeanor. 

SIGNAGE REQUIRED FOR BUSINESSES THAT SELL ITEMS REGULATED UNDER THIS LAW 

ALL business that sells products regulated by this law must post a sign that contains the following statement: 

SALE OF CIGARETTES, TOBACCO, TOBACCO PRODUCTS, TOBACCO-RELATED OBJECTS, ALTERNATIVE NICOTINE PRODUCTS, OR VAPOR PRODUCTS TO INDIVIDUALS UNDER 21 YEARS OF AGE IS PROHIBITED BY LAW OF AGE IS PROHIBITED BY LAW 

SELLING TOBACCO THROUGH A VENDING MACHINE 

Any business that maintains a vending machine that dispenses cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products must post a sign that contains the following statement: 

THE PURCHASE OF CIGARETTES, TOBACCO PRODUCTS, TOBACCO RELATED OBJECTS, ALTERNATIVE NICOTINE PRODUCTS, OR VAPOR PRODUCTS FROM THIS VENDING MACHINE BY ANY PERSON INDIVIDUAL UNDER 21 YEARS OF AGE IS PROHIBITED BY LAW 

Products may be sold from a vending machine only if the machine is in locations that are not readily accessible to individuals under the age of 21 years, including, places that are not open to the general public; places open to the general public which do not admit individuals under the age of 21 years; and is located in a place that is not open to the general public and not generally accessible to anyone under the age of 21. 

WHAT ARE THE PENALTIES FOR VIOLATION? 

Any individual seller who violates the Tobacco 21 law in Georgia is guilty of a misdemeanor. 

Any individual under the age of 21 who violates this law will be required to perform community service not exceeding 20 hours and attend a lecture or discussion about the health hazards of tobacco and vapor product use. Failure to comply with the above, or by a third violation in the same calendar year will result in either withholding the issuance or suspending driving privileges for 45 consecutive days. 

Any person knowingly who allows an individual under the age of 21 years to operate a vending machine which dispenses cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products shall be guilty of a misdemeanor. 

It is a misdemeanor offense for any individual 21 or older to knowingly use a vapor product in a school safety zone. There will be a penalty of 

$25.00 for a first offense conviction and a $50.00 fine for a second offense conviction. 

Any person that maintains a vending machine that fails to comply with the requirements shall be guilty of a misdemeanor; provided, however, that for a first offense, the sentence shall be a fine not to exceed $300.00. 

HOW WILL THE LAW BE ENFORCED? 

Misdemeanor violations of this law will be enforced through injunctive relief actions of the court in the county where the alleged violation occurred. 

The Georgia State Revenue Commissioner is also charged with enforcing this law through administrative citations, and will conduct random, unannounced inspections at locations where products regulated by this law are sold. This includes enlisting individuals under age 21 to test compliance with the law. 

 

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