Buying lottery tickets, voting and buying cigarettes have for years been privileges California residents received when they turned 18. However, a package of tobacco bills awaiting Gov. Jerry Brown’s signature may send one of those options up in smoke.
On March 10, the state Senate approved a set of bills that raise the legal purchase age to 21 from 18 and add new restrictions on electronic cigarettes and vaping equipment, which would then be regulated like a traditional tobacco product.
The measure by the state Legislature is the latest in what has been an increase of status offense laws enacted over the last 30 years, said Dr. Kenneth Hansen, a Fresno State political science professor.
Status offense laws refer to measures which criminalize behavior that is otherwise legal for people of a certain age. Curfews and the minimum legal drinking age are examples of status offense laws.
“Since the 1970s, there seems to have been an effort to make more things illegal for that 18 to 20 age group,” Hansen said. “So the one thing since the ‘70s that people in that age group could do that they couldn’t do before is vote.”
“But they can’t do almost anything else that they used to do, with the exception of drive — but even that is heavily restricted from what it used to be,” he said.
If the governor signs the measure, California will follow Hawaii as only the second state with a smoking age of 21. The bill contains an exemption for active members of the U.S. military.
“From my perspective, it’s almost as if they just want everyone to be teenagers until they’re 30,” Hansen said.
Junior and criminology major Kent Cha said he felt that 18-year-olds should be able to make their own decisions.
“They’re 18. They’re an adult. They should have the right to make whatever choice they want,” Cha said. “What can you do? It’s their life.”
David Castaneda, a freshman psychology major, agreed with the idea of reducing the number of smokers but wasn’t confident it would have much of an effect.
“I kind of think it’s pointless because, regardless, people always break rules,” Castaneda said. “They’re going to smoke regardless, even if they raise the age up.”
Hansen said many of these laws come from assumptions that don’t always reflect reality.
“Going back to the Progressive era, we assume if we have a problem and we want to make it go away, that if we pass a law, it’ll go away,” Hansen said. “And that’s not actually what happens.
“If people between the ages of 18 and 21 want to smoke, whether it’s vaping or whether it’s tobacco, they’ll just do it. Where there’s a will, there’s a way,” he said.