Tobacco 21 Enforcement Webinar

1. Tobacco 21 Enforcement Webinar Brooke Torton, Deputy Director Blair Inniss, Staff Attorney Nate Hunt, Legal Fellow University of Maryland Carey School of Law Legal Resource Center for Public Health Policy September 25th, 2019

2. Presentation Outline • What does/doesn’t the new law do? What existing provisions does it change? • Civil and criminal enforcement • Military exemption and enforcement (other voluntary actions) • Youth intervention • Local options • T21 at the federal level • MDH’s FAQs and LRC’s fact sheet

3. What does it do? • Increases the legal sales age of tobacco products to 21 years, but exempts active duty members of the military 18 and older who provide valid military ID; • Repeals Criminal Law, §10-108; • Requires retailers to post signage in store.

4. What changes were made to current law? • Pursuant to Health-General, §24-305 or §24-307, the store owner/licensee is now responsible for the civil penalty, whether or not he/she is the one who made the illegal sale. • “Electronic Smoking Devices” are now encompassed in the term “tobacco product.” • Alters the term “Electronic Nicotine Delivery Systems” to “Electronic Smoking Devices” and modifies the definition

5. What doesn’t it do? • Does NOT “grandfather” those 18-20 years of age; • Does NOT alter the age of clerks who may continue to sell tobacco products in the course of employment (including ESDs); • Does NOT require ID check*, unless a person is under the age of 21 and claims to be a member of active duty military; • Does NOT alter the statutory citation; • Does NOT create an excise tax for ESDs; • Does NOT modify current ESD licensing requirements. *Federal law requires retailers to check ID for those appearing under 27.

6. Civil Enforcement • Health-General, §24-305: civil citations for illegal sales of ESDs; • Health-General, §24-307: civil citations for illegal sales of cigarettes and other tobacco products. • Law enforcement, county health officers, or designees of county health officers may issue citations for these violations: • $300 for a first; • $1,000 for a second within 24 months of the prior; • $3,000 for a third or subsequent violation within 24 months of a prior. • The store owner/licensee is now responsible for the civil penalty, whether or not he/she is the one who made the illegal sale. • Who else may be cited?

7. Criminal Enforcement • Criminal Law, §10-107 should be used to enforce criminal citations for illegal sales of tobacco products (including ESDs). • Only sworn law enforcement may issue the criminal citation. • Either the clerk, store owner/licensee, or both may be cited and the party cited is responsible for the cost of the penalty. • Who else may be cited?

8. Uniform Civil Citation *****= 24-305 OR 24-307

9. Uniform Civil Citation

10. Military Exemption • Members of active duty military who are at least 18 years of age may continue to purchase tobacco products so long as they present valid military identification. • National Guard duty is not considered “active duty” for purposes of the definition. • The only acceptable valid military identification for this purpose is the common access card, specifically the “Armed forces of the United States Geneva Conventions Identification Card.” https://www.cac.mil/Common-Access-Card/

13. Private Companies and Nationwide T21 Policies • Walmart and Sam’s Club • T21 policy began July 1, 2019 • Discontinued the sale of fruit- and dessert-flavored electronic nicotine delivery systems • Announced Friday that they will stop all ENDS sales – no date set • Rite Aid • T21 policy began June 30, 2019 • Stopped selling e-cigarettes and vaping products • Walgreens • T21 policy began September 1, 2019 • Top violator among pharmacies that sell tobacco products • 22% violation rate (almost 1,800 violations)

14. Youth Intervention Possession, Use, and Purchase (PUP) Laws • Current Code: Civil citation may be issued to minors; proceedings before Juvenile Master in Circuit Court; penalty in discretion of Master. • New Code with T21: PUP provision repealed; no citation for underage possession, use, or purchase. Why?

15. Youth Intervention Repeal of Possession, Use, and Purchase (PUP) Laws: Impact in Schools • Does not alter school regulations prohibiting possession or use on school property or at school-related events; • Student may be subject to school-based discipline for violation of school regulation even though no civil citation issued. • School resource officers? • May a student be cited for selling a tobacco product to another student?

16. Local Options • Local governments with ordinances prohibiting the sale of tobacco products to those under the age of 18 years, may continue to enforce these laws. • Locals may also pursue amending the local law to reflect the provisions in the statewide Tobacco 21 law. • For counties who enforce the Local-Government Article, §1-1203- 1-1204 (St. Mary’s, Cecil, Carroll, and Garrett counties) T21 bill amended these provisions.

17. T21 and the Federal Level • Stopping Consumption of Tobacco by Teens (SCOTT) Act (H.R. 2084) • Reversing the Youth Tobacco Epidemic of 2019 (H.R. 2339) • Tobacco-Free Youth Act (S.1541) • Tobacco to 21 Act (S.1895) • Trump administration announced that it would ban the sale of most flavored e-cigarettes

18. LRC Fact Sheet

19. LRC Fact Sheet

20. Update on MDH’s T21 Implementation Steps • 21 or none campaign launched! • Download materials at NoTobaccoSalesToMinors.com • Materials will be shipped to retailers and LHDs • Letter and FAQ to Maryland colleges/universities • Retail survey • Pre-T21 survey of tobacco retailers to gauge readiness; closes 9/30 • Post-T21 survey of tobacco retailers planned for Spring 2020 • FAQs, updated regularly at • NoTobaccoSalesToMinors.com

21. MDH’s T21 FAQs • Lots of inquiries! • Frequently Asked Questions include: • What military ID card should I use? • Common Access Card (pictured). No other military ID is acceptable for sales under 21. • Are national guard, reserves, or students at military schools considered active duty? • No, these groups are not considered active duty. • Can clerks/employees under the age of 21 continue to sell tobacco products in the course of employment? • Yes • Do retailers have to use signs from MDH? • No. Any sign that meets the legal requirements, including lettering size, is acceptable. However, using the free sign from MDH ensures the retail outlet is following the law. • FDA age verification calendars are now available at • https://digitalmedia.hhs.gov/tobacco/print_materials/RE-26

22. Next Steps with T21 • T21 may motivate some tobacco users to quit • Ages 18-20 are not grandfathered in • Promote free, evidence-based resources for quitting tobacco • Maryland Tobacco Quitline (1-800-QUIT-NOW) • Order/download free materials, https://smokingstopshere.com/order-materials/ • This Is Quitting, text support for youth/young adults for e-cigarette/vapes • https://truthinitiative.org/research-resources/quitting-smoking-vaping/quitting-e-cigarettes • Smoke Free Teen, text and app support for youth/young adults for tobacco and e-cigarettes/vapes • https://teen.smokefree.gov/ • Local Health Department programs • New! MDH website with ESD/vape resources for schools, parents, and students • https://phpa.health.maryland.gov/ohpetup/pages/vapehelp.aspx • T21 is an opportunity to support other tobacco policies • Evaluation of T21’s implementation and impact is planned • Questions? • New dedicated email for T21 questions: mdh.tobaccocontrol@maryland.gov or call 410-767-5529

23. Save the Dates! • November 21, 2019: Local Health Department Tobacco Control Coordinator Meeting@ University of Maryland Carey School of Law • April 30, 2020: Local Health Department Tobacco Control Coordinator Meeting @ University of Maryland Carey School of Law • June 4, 2020: 4th Annual Statewide Tobacco Control Conference @ Doubletree by Hilton BWI Airport

24. Questions? LRC: publichealth@law.umaryland.edu