# Is it illegal for a 16 year old to smoke tobacco if he grows and rolls his own? **URL:** \ **Category:** Factual Questions\ **Created:** [November 16, 2002, 6:39pm UTC](https://boards.straightdope.com/t/is-it-illegal-for-a-16-year-old-to-smoke-tobacco-if-he-grows-and-rolls-his-own/137052 "2002-11-16T18:39:40Z")\ **Posts on this page:** 14\ **Page:** 1
**Author:** ![astro](https://avatars.discourse-cdn.com/v4/letter/a/9dc877/32.png) [@astro](https://boards.straightdope.com/u/astro)\ **Post date:** [November 16, 2002, 6:39pm UTC](https://boards.straightdope.com/t/is-it-illegal-for-a-16-year-old-to-smoke-tobacco-if-he-grows-and-rolls-his-own/137052/1 "2002-11-16T18:39:40Z")
If, instead of buying cigarettes over the counter which is illegal in most U.S. locales, a 16 year old Future Farmers of America wannabe grew his own tobacco leaf and rolled his own cigarettes would he be breaking the law if he smoked his own product? ---
**Author:** ![Badge](https://avatars.discourse-cdn.com/v4/letter/b/4bbf92/32.png) [@Badge](https://boards.straightdope.com/u/Badge)\ **Post date:** [November 16, 2002, 6:59pm UTC](https://boards.straightdope.com/t/is-it-illegal-for-a-16-year-old-to-smoke-tobacco-if-he-grows-and-rolls-his-own/137052/2 "2002-11-16T18:59:24Z")
It would be in Washington State. Our law prohibits minor from possessing any tobacco. ---
**Author:** ![jnglmassiv](https://avatars.discourse-cdn.com/v4/letter/j/f07891/32.png) [@jnglmassiv](https://boards.straightdope.com/u/jnglmassiv)\ **Post date:** [November 16, 2002, 10:03pm UTC](https://boards.straightdope.com/t/is-it-illegal-for-a-16-year-old-to-smoke-tobacco-if-he-grows-and-rolls-his-own/137052/3 "2002-11-16T22:03:18Z")
Illinois also. Here, its illegal to sell to a minor (for the seller) and illegal for the possession (for the minor). Also ilegal here is to sell to a minor smoking accessories: the rolling paper, matches/lighter, pipes, etc. ``` I guess they covered most of the bases here. ``` brendan ---
**Author:** ![mangeorge](https://avatars.discourse-cdn.com/v4/letter/m/d78d45/32.png) [@mangeorge](https://boards.straightdope.com/u/mangeorge)\ **Post date:** [November 17, 2002, 12:19am UTC](https://boards.straightdope.com/t/is-it-illegal-for-a-16-year-old-to-smoke-tobacco-if-he-grows-and-rolls-his-own/137052/4 "2002-11-17T00:19:10Z")
And California. ---
**Author:** ![racer72](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/racer72/32/3075_2.png) [@racer72](https://boards.straightdope.com/u/racer72)\ **Post date:** [November 17, 2002, 1:55am UTC](https://boards.straightdope.com/t/is-it-illegal-for-a-16-year-old-to-smoke-tobacco-if-he-grows-and-rolls-his-own/137052/5 "2002-11-17T01:55:37Z")
Federal law prohibits tabacco possession by minors under the age of 18. It would be illegal in all 50 states and Washington DC. ---
**Author:** ![kambuckta](https://avatars.discourse-cdn.com/v4/letter/k/53a042/32.png) [@kambuckta](https://boards.straightdope.com/u/kambuckta)\ **Post date:** [November 17, 2002, 1:59am UTC](https://boards.straightdope.com/t/is-it-illegal-for-a-16-year-old-to-smoke-tobacco-if-he-grows-and-rolls-his-own/137052/6 "2002-11-17T01:59:06Z")
Well, here in Aus, it’s also illegal to grow your own tobacco, so I’m afraid it’d be the gallows for this 16 yr old either way. :grin ---
**Author:** ![toadspittle](https://avatars.discourse-cdn.com/v4/letter/t/c0e974/32.png) [@toadspittle](https://boards.straightdope.com/u/toadspittle)\ **Post date:** [November 18, 2002, 5:10pm UTC](https://boards.straightdope.com/t/is-it-illegal-for-a-16-year-old-to-smoke-tobacco-if-he-grows-and-rolls-his-own/137052/7 "2002-11-18T17:10:09Z")
Is it legal for any adult in the USA to just grow tobacco in their backyard (for personal use)? Or must you get a license of some sort? ---
**Author:** ![c\_carol](https://avatars.discourse-cdn.com/v4/letter/c/e79b87/32.png) [@c\_carol](https://boards.straightdope.com/u/c_carol)\ **Post date:** [November 18, 2002, 6:05pm UTC](https://boards.straightdope.com/t/is-it-illegal-for-a-16-year-old-to-smoke-tobacco-if-he-grows-and-rolls-his-own/137052/8 "2002-11-18T18:05:17Z")
jnglmassiv, _matches_? Really? ---
**Author:** ![Duck\_Duck\_Goose](https://avatars.discourse-cdn.com/v4/letter/d/50afbb/32.png) [@Duck\_Duck\_Goose](https://boards.straightdope.com/u/Duck_Duck_Goose)\ **Post date:** [November 18, 2002, 10:01pm UTC](https://boards.straightdope.com/t/is-it-illegal-for-a-16-year-old-to-smoke-tobacco-if-he-grows-and-rolls-his-own/137052/9 "2002-11-18T22:01:01Z")
> [@](#): > > jnglmassiv, matches? Really? Um, no, not really. At least, not that I can find. [http://www.legis.state.il.us/ilcs/ch720/ch720act675.htm](http://www.legis.state.il.us/ilcs/ch720/ch720act675.htm) > [@](#): > > Illinois Compiled Statutes > Criminal Offenses > Sale of Tobacco to Minors Act > 720 ILCS 675/ > > Sec. 1. No minor under 18 years of age shall buy any cigar, > cigarette, smokeless tobacco or tobacco in any of its forms. No person > shall sell, buy for, distribute samples of or furnish any cigar, > cigarette, smokeless tobacco or tobacco in any of its forms, to any > minor under 18 years of age. [http://www.legis.state.il.us/ilcs/ch720/ch720act685.htm](http://www.legis.state.il.us/ilcs/ch720/ch720act685.htm) > [@](#): > > Illinois Compiled Statutes > Criminal Offenses > Tobacco Accessories and Smoking Herbs Control Act > 720 ILCS 685/ > > “Tobacco accessories” shall mean cigarette papers, pipes, > holders of smoking materials of all types, cigarette rolling machines, > and other items, designed primarily for the smoking or ingestion of > tobacco products or of substances made illegal under any statute or of > substances whose sale, gift, barter, or exchange is made unlawful under > this Act. Matches aren’t included. Now, some retailers interpret “accessories” to include matches, but they aren’t on the list, unless there’s another Act somewhere. AFAIK no license is required for an adult to grow tobacco in his backyard. You can buy tobacco seeds all over the Internet, even in a cute little kit. [http://www.raingardens.com/seedpage/tobacco.htm](http://www.raingardens.com/seedpage/tobacco.htm) Website has a disclaimer. [http://www.batnet.com/rwc-seed/tobacco.html](http://www.batnet.com/rwc-seed/tobacco.html) > [@](#): > > NOTICE! - Check with your local USDA and US Treasury Dept. (Bureau of Alcohol, Tobacco and Firearms) so you can comply with any rules or regulations regarding the cultivation, production, or manufacture of tobacco or tobacco products before planting any tobacco seeds you purchase from us. Your seed order constitutes that you have read this notice and understand that you are responsible for any rules or regulations regarding tobacco cultivation, production or manufacture. I’m guessing that this is to CYA because it’s illegal for minors to possess tobacco or tobacco products. I don’t see tobacco on the “controlled substance” list. [http://www.deadiversion.usdoj.gov/schedules/alpha/alphaq\_z.htm](http://www.deadiversion.usdoj.gov/schedules/alpha/alphaq_z.htm) ---
**Author:** ![hegel](https://avatars.discourse-cdn.com/v4/letter/h/cab0a1/32.png) [@hegel](https://boards.straightdope.com/u/hegel)\ **Post date:** [November 18, 2002, 10:24pm UTC](https://boards.straightdope.com/t/is-it-illegal-for-a-16-year-old-to-smoke-tobacco-if-he-grows-and-rolls-his-own/137052/10 "2002-11-18T22:24:08Z")
There is no federal law prohibiting the possession of tobacco by minors. ---
**Author:** ![Duck\_Duck\_Goose](https://avatars.discourse-cdn.com/v4/letter/d/50afbb/32.png) [@Duck\_Duck\_Goose](https://boards.straightdope.com/u/Duck_Duck_Goose)\ **Post date:** [November 18, 2002, 11:33pm UTC](https://boards.straightdope.com/t/is-it-illegal-for-a-16-year-old-to-smoke-tobacco-if-he-grows-and-rolls-his-own/137052/11 "2002-11-18T23:33:09Z")
No, but there is this. [http://www.cdc.gov/epo/mmwr/preview/mmwrhtml/00056152.htm](http://www.cdc.gov/epo/mmwr/preview/mmwrhtml/00056152.htm) > [@](#): > > Nevertheless, during 1993-1996, the number of tobacco-control laws with preemptive provisions increased significantly. The 1992 federal Synar Amendment, which required states to enact and enforce minors’ access laws, resulted in the passage of new laws (many of which included preemptive provisions) in several states. [http://tobaccofreekids.org/Script/DisplayPressRelease.php3?Display=555](http://tobaccofreekids.org/Script/DisplayPressRelease.php3?Display=555) > [@](#): > > September 27, 2002 Contact: Nicole Dueffert 202.296.5469 > > Study Showing Reduced Tobacco Sales to Kids is Encouraging, But Does Not Show if States Have Corrected Enforcement Problems > > Statement by Matthew L. Myers President, Campaign for Tobacco-Free Kids > > Washington, DC - A report released today by the Substance Abuse and Mental Health Services Administration (SAMHSA) finds that states are doing a better job of complying with a 1992 federal law, known as the Synar Amendment, requiring the states to enact and enforce laws prohibiting tobacco sales to children. It’s no longer the FDA’s business. [http://www.fda.gov/opacom/campaigns/tobacco.html](http://www.fda.gov/opacom/campaigns/tobacco.html) > [@](#): > > On March 21, 2000, the U.S. Supreme Court ruled that the U.S. Food and Drug Administration lacks the authority to regulate tobacco. Therefore, FDA no longer maintains its Children and Tobacco Website. I didn’t know that. ---
**Author:** ![jnglmassiv](https://avatars.discourse-cdn.com/v4/letter/j/f07891/32.png) [@jnglmassiv](https://boards.straightdope.com/u/jnglmassiv)\ **Post date:** [November 19, 2002, 7:53pm UTC](https://boards.straightdope.com/t/is-it-illegal-for-a-16-year-old-to-smoke-tobacco-if-he-grows-and-rolls-his-own/137052/12 "2002-11-19T19:53:21Z")
Ok, I may have been off on the matches and lighters for minors. When I was working at a cigar kiosk on winter break from school, we were explicitly forbidden from selling Zippos, Zippo fuel, gun lighters or anything else that could be interprated as and accessory. The owner said it was illegal, but this may have been a local ordinance or his policy, or his legal mistake. Boy, a lot of kids wanted zippos and gun lighters, too. Can’t imagine any good coming from a 15 year old with a realistic gun replica that ALSO starts fires. I CAN imagine a lawsuit from even a little accident. That zippo fuel is pretty dangerous, also. I had a few mishaps while filling for custs and I was a “trained pro”. Sorry for my uncited lies!! brendan ---
**Author:** ![Duck\_Duck\_Goose](https://avatars.discourse-cdn.com/v4/letter/d/50afbb/32.png) [@Duck\_Duck\_Goose](https://boards.straightdope.com/u/Duck_Duck_Goose)\ **Post date:** [November 19, 2002, 8:22pm UTC](https://boards.straightdope.com/t/is-it-illegal-for-a-16-year-old-to-smoke-tobacco-if-he-grows-and-rolls-his-own/137052/13 "2002-11-19T20:22:48Z")
That’s okay, I have seen retailers who wouldn’t let kids buy matches and cited the Feds as backup. So it’s not just you. 🙂 ---
**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\ **Post date:** [November 19, 2002, 8:55pm UTC](https://boards.straightdope.com/t/is-it-illegal-for-a-16-year-old-to-smoke-tobacco-if-he-grows-and-rolls-his-own/137052/14 "2002-11-19T20:55:37Z")
I know that in the community garden my Mom coordinates, one of her gardeners (an adult) asked if he could grow tobacco. Mom did some checking, and couldn’t find any reason not. This was in Cleveland, OH.