Legislative Enactment of the Month - April 20194/29/2019 10:52:00 AM
LEGISLATIVE ENACTMENT OF THE MONTH
April – 2019
(As of July 1, 2019, it will no longer be illegal for a juvenile to possess tobacco.)
On April 7, 2019, Governor Pritzker signed P.A. 101-002 into law. This landmark legislation makes Illinois the 11th state to enact what has become known as “Tobacco 21 law.” The law takes effect on July 1, 2019. This legislation is not a novel concept to Illinois municipalities. Before its enactment, more than 30 Illinois municipalities had adopted ordinances to raise the local minimum legal sales age to 21.
The bill amends various state statutes regarding tobacco to raise the legal age to 21 for the purchase or sale of tobacco products, electronic cigarettes, and alternative nicotine products. The law also provides a formal definition for electronic cigarettes to include electronic nicotine delivery systems, whether or not the solution contains nicotine.
For those who may have been following the legislation from its introduction, the law remains substantively similar, but the few changes it imposes have come with sharp criticism. One criticism is that the law focuses on the sale or purchase of tobacco or alternative products by persons under 21 but not the possession of those products. That means that municipal ordinances could regulate different conduct (i.e., possession by underage persons in addition to sale and purchase) than the state law will regulate once the law becomes effective.
Because municipal ordinances may currently regulate conduct based on the previous age minimum of 18, municipalities might consider updating their ordinances to be consistent with state law.
HB-0345. Short Description: TOBACCO PRODUCTS-UNDER 21
Public Act . . . . . . . . . 101-0002. Effective Date: July 1, 2019.
35 ILCS 130/6.
35 ILCS 143/10-25.
235 ILCS 5/6-16.1.
705 ILCS 405/5-615 & 5-71.0
720 ILCS 675/Act title, 0.01, 1, 2, 1.5 rep., 5, 10 & 15.
720 ILCS 678/1, 5, 6, 7 & 8.
720 ILCS 680/Act rep.
720 ILCS 685/2 & 4
Synopsis: Amends the Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act.
Changes the short title of the Act to the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act.
Prohibits the sale or furnishing of tobacco products, electronic cigarettes, or alternative nicotine products to a person under 21 years of age.
Prohibits the purchase of tobacco products, electronic cigarettes, or alternative nicotine products by a person under 21 years of age.
Makes changes regarding definitions, age verification, penalties, possession, and other matters.
Repeals the Smokeless Tobacco Limitation Act. Amends other Acts to make conforming changes. Effective July 1, 2019.
TEXT OF STATUTORY CHANGES
The Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act is amended by changing the title of the Act and Sections 0.01,1, and 2 as follows:
720 ILCS 675/Act title) An Act to prohibit persons under 21 years of age
minors from buying or , selling , or possessing tobacco in any of its forms, to prohibit selling, giving or furnishing tobacco, in any of its forms, to persons under 21 years of age minors, and to prohibit the distribution of tobacco samples and providing penalties therefor.
(720 ILCS 675/1) (from Ch. 23, par. 2357)
Sec. 1. Prohibition on sale to and possession of tobacco
products, electronic cigarettes, and alternative nicotine products to persons under 21 years of age by minors;
prohibition on the distribution of tobacco product samples, electronic cigarette samples, and alternative nicotine product samples to any person; use of identification cards; vending machines; lunch wagons; out-of-package sales.
No minor under 18 years of age shall possess any cigar, cigarette, smokeless tobacco, or tobacco in any of its forms.
If a minor violates subsection (a-7) of Section 1 or subsection (d) of Section 1.5, he or she is guilty of a petty offense and the court may impose a sentence of 25 hours of community service and a fine of $50 for a first violation.
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