Susie Cambria, Msw Public Policy Consulting

Susie Cambria, MSW Public Policy Consulting
Comparison of current legislation and proposed changes to law regarding youth access to tobacco products

Current law (D.C. CODE ANN. § 22-1320 (1991) (a) No person shall sell, give, or furnish any cigarette or other tobacco product to any person under 18 years of age. Any person who sells any cigarette or other tobacco product who has reasonable cause to believe that a person who attempts to purchase the product is under 18 years of age shall require that the purchaser present identification that indicates his or her age. In any place or business where a person sells any cigarette or other tobacco product, the owner, manager, or person in charge of the place or business shall post a warning sign that includes the following: "No person under 18 years of age shall purchase any cigarette or other tobacco product. The United States Surgeon General has issued a warning that smoking causes lung cancer, heart disease, emphysema, and may complicate pregnancy."

"Prohibition Against Selling Tobacco Products to Minors Amendment Act of 2009" Sec. 3 Prohibitions “(a) No person shall sell, give, or furnish any cigarette or other tobacco product to, or purchase any cigarette or other tobacco product on behalf of, any person under 18 years of age. Sec. 3 Prohibitions “(b)(1) Any person who sells any cigarette or other tobacco product who has reasonable cause to believe that a person who attempts to purchase the product is under 27 years of age shall require that the purchaser present identification that indicates his or her age. Sec. 3 Prohibitions “(d)(1) In any place or business where a person sells any cigarette or other tobacco product, the owner, manager, or person in charge of the place or business shall post a warning sign that includes the following: “No person under 18 years of age shall purchase any cigarette or other tobacco product. Retailers will ask for proof of age from any person seeking to purchase any cigarette or other tobacco product who appears to be under 27 years of age. The United States Surgeon General has issued a warning that smoking causes lung cancer, heart disease, emphysema, and may complicate pregnancy.”

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Current law (D.C. CODE ANN. § 22-1320 (1991)

August 11, 2009

"Prohibition Against Selling Tobacco Products to Minors Amendment Act of 2009" Sec. 7. “(b) a person under the age of 18 shall be fined not more than $50 for the first violation, and not more than 500 or less than $100 for a subsequent violation. In lieu of or in addition to any fine provided in this subsection, a person convicted of violating any provision of this section may be required to perform not less than 25 hours of community service for an agency of the District government or a nonprofit or other community service organization.” Sec. 10. Blunt Wrap Prohibition (a) The Council of the District of Columbia finds that: (1) Those products commonly known as blunt wraps are being marketed and used primarily for encasing, wrapping, or rolling controlled substances for purposes of smoking and are not being used to any significant extent for the lawful purpose of wrapping tobacco. (2) As a result, there is a need to classify blunt wraps as drug paraphernalia and it is in the public interest and will promote the general welfare of the public to ban the sale or distribution of such products in order to protect the public health, safety, and welfare as part of this state’s efforts to prevent drug abuse. (b) It is unlawful for any person to sell, offer for sale, or distribute a blunt wrap. (c) For purposes of this section, a “blunt wrap” means any product that is made or sold for encasing, wrapping, or rolling materials of any kind for purposes of smoking, if such product is designed to be filled by the consumer and is: (1) Made wholly or in part of tobacco; or (2) Made of paper or any other material that does not contain tobacco, and is: (A) Intended, when filled by the consumer, to produce a finished wrap that measures more than 120 millimeters on its longest side; or (B) Sold as a pre-rolled hollow cone, the circumference of which is not equal at both ends. (d) Whoever violates this subsection shall be imprisoned for not more than 6 months or fined for not more than $ 1,000, or both, unless the violation occurs after the person has been convicted in the District of Columbia of a violation of this chapter, in which case the person shall be imprisoned for not more than 2 years, or fined not more than $ 5,000, or both.