The youngest member of the state Legislature proposed a bill to raise the age of legal tobacco use from 18 to 21 years old. If House Bill 240 passes in the 2008 Regular Session, it will be illegal for anyone under the age of 21 to buy or possess any tobacco products. Walker Hines, D-New Orleans, said he proposed House Bill 240 to reduce health care costs for the state and prolong the lives of Louisiana residents. Louisiana would be the first state to change the age to 21 if the bill passes. The economic expenses associated with tobacco cost the state approximately $1.46 billion a year, and tobacco use causes one in five deaths in Louisiana, according to the Louisiana Office of Public Health. If passed, the bill would affect many future University students. There are about 7,800 undergraduate students at the University who consider themselves smokers, according to a Smoking Words study. Smokers represent nearly 30 percent of the University undergraduate population. Smokers represent 25 percent of the state’s population, according to the Louisiana Office of Public Health. Hines said the legislation will not be retroactive. People who are already 18 years old will not be affected by the law. “This is not meant to scold current smokers,” Hines said. “It is to prevent new smokers.” Hines said he kept the same wording and fines as the current law, but changed the age from 18 to 21. Eventually, he hopes to increase fines for underage tobacco use. Buying tobacco when underage is now punishable by a fine of up to $50 for the first offense, up to $100 for the second offense, up to $250 for the third offense and up to $400 for any subsequent offense. Possession of tobacco by an underage person is punishable by a fine of up to $50 for each offense. “This is not a cure all,” Hines said. “It is the first step in fixing a long-term problem. This legislation is not targeting smokers. It targets their children and grandchildren.” Four states have raised their state tobacco prohibition from 18 to 19 years old. Federal law states that people under 18 years of age cannot use tobacco products. The states can increase the legal age within its own borders if it wishes. Hines said he may be forced to compromise with the 19-year-old age limit instead of 21, but 21 is his goal. At the age of 19, tobacco would be removed from high schools. Hines said he wants to institute a federal matching program. He will lobby Congress to give Louisiana more funding to treat the long-term diseases associated with tobacco use, since Louisiana would be taking an active role in decreasing tobacco use. “It is time for Louisiana to take the lead in progressive legislation so the rest of the country can follow,” Hines said. “Louisiana has been plagued for too long by backwards thinking.” If the legislation does not pass, Hines said he plans on continuing to introduce the bill in subsequent sessions until it passes. “I have a particular moral obligation to the young people because I am the youngest legislator,” Hines said. “This will be an uphill battle, and I am used to the fight.” Hines, 24, is the youngest member in the state Legislature and the second youngest in the Legislature’s history. “There is no point in changing the law,” said Jessica Broussard, creative writing junior. “Young people are still going to smoke. People under 21 still get alcohol.” Broussard said she feels that if 18-year-olds are treated as adults in the legal and military systems, then they should be able to enjoy all the benefits of being an adult, including alcohol and tobacco use. Hines originally included a clause in his bill that excluded 18-to 20-year-olds who served in the military. He was dissuaded from including the clause by several attorneys, citing constitutional concerns that would arise from singling out groups for exceptions to laws. Hines said since the military is a federal entity, they would follow federal laws. The military would handle the issue of tobacco use by troops itself. The House referred the bill to the Committee on the Administration of Criminal Justice.
—-Contact Jack LeBlanc at [email protected]