In our teachers’ lounge yesterday, the topic of cigarette smoking came up somehow. As everyone knows, a great deal (though maybe less than in past generations) of teenagers smoke.
One teacher, who is well-intentioned but gets a bit overdramatic in her outrage over such things sometimes, was appalled that nothing was being done about students smoking off-campus because they’re “breaking the law.”
Now, I was under the impression that kids under 18 could legally smoke; they just can’t buy cigarettes, and it is illegal for the stores to sell to them. In other words, if their parents (or someone else, but let’s say parents for the sake of argument) buy the cigarettes for them, they’re good to go.
Was I mistaken? (I’m in Massachusetts, by the way.) I didn’t say anything during the lunchroom discussion because I wasn’t sure of the law; this is just something I remember from my high school days at the same school, when smoking was allowed right outside the building. There’s either a law or a school rule now (not sure which) that says no smoking is allowed within 1000 feet of the school, by anyone. Personally, although I no longer smoke, I find this pretty bogus too. Legal adults (teachers, maintenance people) can’t either, even during a break, outside of a building? I find that odd.
So, I guess this has turned into a two part question: Can teens under 18 legally smoke (in Massachusetts), though they can’t purchase cigarettes? And has anyone else heard of the 1000-foot thing? Is it a rule or a law?
In the city of Milwaukee there is no age for smoking. You have to be 18 to buy them, but any age to smoke them. Probably has something to do with the fact that the cops have better things to do then right citations. Now in Whitefish Bay, a suburb of Milwaukee, the story is a little different. For the longest time, there was no age to smoke (just to buy). So during lunch, half the high school would head over to a park across the street from the high school. (Because NOBODY is supposed to smoke on school grounds.) Anyways, they would all go to McDonalds, Hardees or whatever and come back to the park. The thing is, they never picked up their garbage. The place was a mess, looks like a tornado went through the park there was so much garbage and litter. I belive the straw that broke the camels back was when some McDonals wrappers blew on to somebodys lawn down the block. After that they passed a law making the minimum age to smoke 18. For some reason they thought this would stop everyone from going to the park and making such a mess. And it did, for about two weeks, then they (both the cops and the students) stopped caring.
OK, that’s helpful for a start. We used to have an informal smoking area right outside the school in the park across the street for before school, after school, and lunch. If kids were under 18, they were supposed to have parental permission to smoke there (most students cooperated with this) or outside at dances, etc. When I came back to the school to teach, I found the “no smoking within 1000 feet of the school thing” all of a sudden, which made me curious. So what, a guy walking down the street and smoking a cigarette who just happens to pass by our school is breaking the law? And as I said before–a teacher, maintenance person, or staff member who wants to go out to the park on a nice day (even though I myself no longer indulge) and have a cigarette can’t legally do so? That just doesn’t seem fair.
FWIW, I’ve never heard of anyone cited for underage smoking, and I’ve seen kids who were pretty obviously underage smoking around cops many a time. I always figured it was illegal, but not enforced, though I might be wrong. Also, even if it were technically legal, giving cigarettes to your kid might possibly open you up to a child endangerment-type charge, the same as alcohol.
In britain it is 16, but your comments apply about use vs sale. Personally I have always seen the sight of young toughs smoking very pleasing. Not only are they killing themselves slowly and ultimately painfully, but they are paying huge amounts of taxes for my old age. Thanks guys
I live by South Bend, Indiana and one of my clients was telling me her daughter got a fine and (i think) a few hours of com. survice because of being caught with cigs, she was not at school just hanging with her friends. (BTW the kid is 15)
So I guess that there is a law around her but as to the age cutoff I couldn’t say
What I truly don’t understand is kid under 18 can’t buy cigs, but they CAN sell them unlike beer where they have to be 21 to even scan it.
In Milton, Massachusetts, we were told that we could not smoke “within sight of school grounds.” There was an auxiliary parking lot about 1000 feet from the school, and the vice-principal would always force smokers to move behind the parking lot onto the field adjacent (which was technically still in view of the school.) FWIW.
In Texas, if it the same as alcohol, a minor can drink in the company of a parent and guardian. This means that as long as the parent approves and is there, the minor is allowed to drink. If the parent leaves the sight of the minor, even to go to the restroom, the minor must forfiet the liquor. An observant waiter will come and claim the drink, likely returning it when the guardian returns.
I assume the laws are the same for smoking. In reality, the above comments are accurate. The police have more important things to worry about. Cigarettes don’t numb the senses or make people act violently, like alcohol does in the short run.
You are wrong, Joey. The smoking age is 18 in the entire state, and even if a parent hands them out, a minor caught with tobacco products can receive a citation, the fine usually being around $90. Because this is a state law, the municipality you’re in has no bearing on it. Where did you get your information?
254.92 Purchase or possession of cigarettes or tobacco products by person under 18 prohibited.
254.92(1) No person under 18 years of age may falsely represent his or her age for the purpose of receiving any cigarette or tobacco product.
254.92(2) No person under 18 years of age may purchase, attempt to purchase or possess any cigarette or tobacco product except as follows:
(a) A person under 18 years of age may purchase or possess cigarettes or tobacco products for the sole purpose of resale in the course of employment during his or her working hours if employed by a retailer.
(b) A person under 18 years of age, but not under 15 years of age, may purchase, attempt to purchase or possess cigarettes or tobacco products in the course of his or her participation in an investigation under s. 254.916 that is conducted in accordance with s. 254.916 (3).
254.92(3) A law enforcement officer shall seize any cigarette or tobacco product that has been sold to and is in the possession of a person under 18 years of age.
Notice it doesn’t say the minor had to be using the tobacco, just mearly possessing it. There is also no exception for tobacco given by parents, or used withing parents company.
The smoking law in Whitefish Bay went into effect in 1997 I believe, as a direct result of the litter at Cahill Park kitty corner from Whitefish Bay High School.
My high school went that “tobacco-free” route as well while I was there. Not only could nobody (not even the principal) smoke on school property or within 1000 ft. of any school buildings (the middle school and an elementary school were part of the same “campus”), but 18-year-old students were not allowed to have cigarettes in the school building at all!
Apparently this smoking restriction did not apply to private vehicles, even if they were parked within the “tobacco-free zone”. I remember seeing one old teacher of mine puffing away inside his car in the middle of winter. Perhaps the restriction did apply and they just left this old guy alone…he was very close to retirement then anyway.
All this restriction didn’t help me as a non-smoker one bit. The bathrooms still reeked of smoke. They should have worked on enforcing the existing rules first!
It gets worse. My father is a bricklayer, and he works on a lot of school buildings. Apparently, now when they build a new school building, they declare the place a “tobacco-free zone” before the building is even built! None of the workers who work on the building are allowed to smoke anywhere on the construction site. This doesn’t affect my dad too much–in fact, he kind of likes it, since he already quit before these new rules went into effect. But even he thinks it’s a bit much. Might get a few construction workers to quit, I guess, but I’m not sure what it has to do with a school with no students anywhere near it yet.
In Minnesota, you already can’t smoke in any public buildings (bars and restaurants being the notable exception). They are working on legislating the outdoors as well, one piece at a time.
Do you have a cite for the Texas law? Isn’t it against the law to dispense alcohol to a minor, regardless of any sort of “parental permission”? (Note that I’m talking dispensing alcohol in a restaurant or bar, not in one’s home).
No cite yet (i will research it), but that is what they told us in a TABC class for those serving alcohol. I have also seen minors drink at restaurants in the company of adults. As long as the guardian was there, there was no problem.
THE ALCOHOLIC BEVERAGE CODE SECTIONS REFERENCING MINORS
CHAPTER 106. PROVISIONS RELATING TO AGE
Sec. 106.01. DEFINITION
In this code, “minor” means a person under 21 years of age.
Sec. 106.02. PURCHASE OF ALCOHOL BY A MINOR
(a) A minor commits an offense if the minor purchases an alcoholic beverage. A minor does not commit an offense if the minor purchases an alcoholic beverage under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of this code.
(b) An offense under this section is punishable as provided by Section 106.071.
THere are likely other detailed laws referencing it.