Smoking age differs in state, federal rules

A new minimum purchase age is in effect in an attempt to deter young people from smoking. But the new rules have created some confusion.
On Dec. 20, President Donald Trump signed legislation increasing the federal legal minimum age to buy tobacco products from 18 to 21. The Food and Drug Administration had 180 days to update their regulations and have already posted the following information on the Food and Drug Administration website:
“It is now illegal for a retailer to sell any tobacco product – including cigarettes, cigars and e-cigarettes – to anyone under 21. FDA will provide additional details on this issue as they become available.”
In response to this announcement, the state of Louisiana’s Office of Alcohol and Tobacco Control posted a statement on its website regarding tobacco purchases by people under the age of 21. It states:
“The FDA recently posted guidance on its website relating to the congressional legislation changing the federal smoking age to 21. The ATC awaits further guidance from the FDA on this issue concerning an effective date and other details. In the meantime, ATC intends to enforce Louisiana law which allows anyone over the age of 18 to purchase tobacco products. Please be aware that the ATC does not determine policy for other law enforcement agencies.”
In St. Mary Parish, the change to 21 is becoming effective now. The Circle K located at 6383 La. 182 in Morgan City is enforcing the federal legislation, as well as Stazione’s Deli locations. Other retailers, such as Rouse’s Supermarket located at 6403 La. 182 in Morgan City made the change on Friday afternoon.
Their registers were updating to reflect the new law and signs were being removed stating tobacco products could be sold to 18 and older.
But the new tobacco law isn’t cut and dried. It brings its own confusion, especially for law enforcement.
According to the Morgan City Police Department, with the Louisiana law still stating the legal age is 18, local and state law enforcement can only enforce the state law that is currently on the books.
However, federal Law enforcement can enforce the new federal law.
So where does that leave the smokers age 18-20 that could previously purchase cigarettes? In the state of Louisiana, sort of in a limbo until Louisiana legislators go into session and mirror Louisiana tobacco law to the federal tobacco law.
Retailers are abiding by the federal law, which says they are not going to sell tobacco products to anyone under the age of 21. But 18-20 year olds are not in violation of Louisiana state law if they buy them, at least not yet.