# Why is smoking still allowed in (most) prisons? **URL:** \ **Category:** Factual Questions\ **Created:** [April 4, 2004, 10:04pm UTC](https://boards.straightdope.com/t/why-is-smoking-still-allowed-in-most-prisons/238240 "2004-04-04T22:04:38Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![dnooman](https://avatars.discourse-cdn.com/v4/letter/d/839c29/32.png) [@dnooman](https://boards.straightdope.com/u/dnooman)\ **Post date:** [April 4, 2004, 10:04pm UTC](https://boards.straightdope.com/t/why-is-smoking-still-allowed-in-most-prisons/238240/1 "2004-04-04T22:04:38Z")
I know that banning smoking would cause a fair amount of rioting, but the trend these days seems to be for governments to ban smoking just about everywhere. Couldn’t a prisoner claim to be forced into a potentially hazardous situation as a result of second hand smoke? I’m only looking for factual info here, but I’m sure a mod will move it to GD if it starts turning that way. ---
**Author:** ![Frank](https://avatars.discourse-cdn.com/v4/letter/f/3d9bf3/32.png) [@Frank](https://boards.straightdope.com/u/Frank)\ **Post date:** [April 4, 2004, 10:10pm UTC](https://boards.straightdope.com/t/why-is-smoking-still-allowed-in-most-prisons/238240/2 "2004-04-04T22:10:06Z")
Colorado banned smoking in prisons because it was a workplace issue, because guards were exposed. It’s not gone completely, it’s just another contraband now. There wasn’t any rioting that I can remember. There was a lot of bitching and moaning (even some from the guards), and the odd lawsuit. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [April 4, 2004, 10:15pm UTC](https://boards.straightdope.com/t/why-is-smoking-still-allowed-in-most-prisons/238240/3 "2004-04-04T22:15:22Z")
Ditto for Saskatchewan, including the odd lawsuit. ---
**Author:** ![Qadgop\_the\_Mercotan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/qadgop_the_mercotan/32/83_2.png) [@Qadgop\_the\_Mercotan](https://boards.straightdope.com/u/Qadgop_the_Mercotan)\ **Post date:** [April 4, 2004, 11:09pm UTC](https://boards.straightdope.com/t/why-is-smoking-still-allowed-in-most-prisons/238240/4 "2004-04-04T23:09:30Z")
In Wisconsin, there’s a push by the governor to make all state prisons completely smoke-free, for inmates _and_ staff. At present, it’s warden’s discretion, with over half of the prisons not allowing smoking for inmates. The big sticking point, frankly, is the guards union. They are fighting tooth and nail to keep smoking allowed for the guards in their designated areas. This sounds like a reasonable accomodation, but frankly when the guards are allowed to smoke somewhere on the grounds, a certain (significant) proportion of them will then smoke almost anywhere, including in front of the inmates in non-smoking areas. Frankly, where our prisons have gone smoke-free for the inmates, there were no real big disciplinary problems. Our main intake prison, where they all come for their first 2-3 months is non-smoking for them, so they all essentially get detoxed while they’re getting acclimated to prison. They’re not happy about it, but they wouldn’t be happy no matter what. Nobody’s died over it. I look forward to the day when tobacco is contraband for anyone on the prison grounds. Mainly because when guards bring it in (ostensibly for their personal use), _some_ of it does get diverted to the inmates. ---
**Author:** ![elfbabe](https://avatars.discourse-cdn.com/v4/letter/e/b782af/32.png) [@elfbabe](https://boards.straightdope.com/u/elfbabe)\ **Post date:** [April 4, 2004, 11:17pm UTC](https://boards.straightdope.com/t/why-is-smoking-still-allowed-in-most-prisons/238240/5 "2004-04-04T23:17:41Z")
For humor puposes, I would like to direct everyone’s attention to this week’s (31 March) [Onion](http://www.theonion.com), specifically the last “News In Brief” article entitled “Smoking Ban Collapses Fragile Prison Economy.” 😃 ---
**Author:** ![mangeorge](https://avatars.discourse-cdn.com/v4/letter/m/d78d45/32.png) [@mangeorge](https://boards.straightdope.com/u/mangeorge)\ **Post date:** [April 4, 2004, 11:25pm UTC](https://boards.straightdope.com/t/why-is-smoking-still-allowed-in-most-prisons/238240/6 "2004-04-04T23:25:14Z")
Boy, that would _really_ suck in prison movies, wouldn’t it? I think smoking is banned in CA prisons. I know it is inn many jails. What’s the question? Peace, mangeorge ---
**Author:** ![Lissa](https://avatars.discourse-cdn.com/v4/letter/l/85f322/32.png) [@Lissa](https://boards.straightdope.com/u/Lissa)\ **Post date:** [April 5, 2004, 4:50am UTC](https://boards.straightdope.com/t/why-is-smoking-still-allowed-in-most-prisons/238240/7 "2004-04-05T04:50:26Z")
> [@dnooman](#): > > Couldn’t a prisoner claim to be forced into a potentially hazardous situation as a result of second hand smoke? At the prison in which my husband works, inmates can request to live in a smoke-free dorm. Inmates are only allowed to smoke in certain areas as well. ---
**Author:** ![vinniepaz](https://avatars.discourse-cdn.com/v4/letter/v/b4bc9f/32.png) [@vinniepaz](https://boards.straightdope.com/u/vinniepaz)\ **Post date:** [April 5, 2004, 6:42am UTC](https://boards.straightdope.com/t/why-is-smoking-still-allowed-in-most-prisons/238240/8 "2004-04-05T06:42:11Z")
from what i can understand, its allowed because many criminals are addicted and if they have no way to smoke they’ll become violent… ---
**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\ **Post date:** [April 5, 2004, 12:06pm UTC](https://boards.straightdope.com/t/why-is-smoking-still-allowed-in-most-prisons/238240/9 "2004-04-05T12:06:28Z")
> [@vinniepaz](#): > > from what i can understand, its allowed because many criminals are addicted and if they have no way to smoke they’ll become violent… This is not supported by real life. See **Quadgop’s** post above; he works in a prison. ---
**Author:** ![BrotherCadfael](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@BrotherCadfael](https://boards.straightdope.com/u/BrotherCadfael)\ **Post date:** [April 5, 2004, 12:15pm UTC](https://boards.straightdope.com/t/why-is-smoking-still-allowed-in-most-prisons/238240/10 "2004-04-05T12:15:07Z")
I do have a bit of a problem with prison smoking bans (the Vermont prisons went smoke-free some time ago). After all, if smoking is banned in a bar or your workplace, you can always go somewhere else. Prisoners, by definition, don’t have this option. During the discussion of the proposed ban, while there were some people concerned about the guards’ workplace being smoke-free, the majority of the supporters favored the ban as a prisoners’ health issue. Smoking is bad for you, so if you are a prisoner, you WILL quit. It is hard to view this as anything but nanny-state government run amok. ---
**Author:** ![Ponster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ponster/32/17081_2.png) [@Ponster](https://boards.straightdope.com/u/Ponster)\ **Post date:** [April 5, 2004, 12:31pm UTC](https://boards.straightdope.com/t/why-is-smoking-still-allowed-in-most-prisons/238240/11 "2004-04-05T12:31:08Z")
Prisons are one of the only places not affected by Ireland recent smiking ban… > [@](#): > > It said availability of cigarettes was generally accepted as a “calming measure” for people deprived of their freedom and the withdrawal of tobacco products could lead to disruptive behaviour in the prison system. > > There have traditionally been high levels of smoking in prisons, where up to 85 per cent of the male population and 100 per cent of the female population smoke. [http://www.ireland.com/newspaper/front/2003/0819/759922651HM1PSYCHIATRIC.html](http://www.ireland.com/newspaper/front/2003/0819/759922651HM1PSYCHIATRIC.html) ---
**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\ **Post date:** [April 5, 2004, 1:05pm UTC](https://boards.straightdope.com/t/why-is-smoking-still-allowed-in-most-prisons/238240/12 "2004-04-05T13:05:38Z")
> [@BrotherCadfael](#): > > After all, if smoking is banned in a bar or your workplace, you can always go somewhere else. Prisoners, by definition, don’t have this option. Prison life tends to reduce a lot of options. It is supposed to; that’s why people try to avoid going there. If we gave prisoners all the options of law-abiding citizens, plus three squares and a warm bed, it would be called a _vacation_ fercryinoutloud! > [@](#): > > Smoking is bad for you, so if you are a prisoner, you WILL quit. It is hard to view this as anything but nanny-state government run amok. Yeah, how rude, Big Brother telling prisoners what to do. Honestly, do you not realize that convicted criminals check a lot of their rights at the door when they are imprisoned? They have demonstrated they are not worthy of running their own lives, so now the state is in charge for a while. They tell you when to get up in the morning, when to eat, when to work and when to sleep. I think nannying is a rather mild term for it, but it is the _raison d’être_ of the prison system. The Big House just wouldn’t be the same without it. ---
**Author:** ![LuckySevens](https://avatars.discourse-cdn.com/v4/letter/l/ad7895/32.png) [@LuckySevens](https://boards.straightdope.com/u/LuckySevens)\ **Post date:** [April 5, 2004, 1:09pm UTC](https://boards.straightdope.com/t/why-is-smoking-still-allowed-in-most-prisons/238240/13 "2004-04-05T13:09:31Z")
> [@Fear Itself](#): > > Prison life tends to reduce a lot of options. It is supposed to; that’s why people try to avoid going there. If we gave prisoners all the options of law-abiding citizens, plus three squares and a warm bed, it would be called a _vacation_ fercryinoutloud! > Yeah, how rude, Big Brother telling prisoners what to do. Honestly, do you not realize that convicted criminals check a lot of their rights at the door when they are imprisoned? They have demonstrated they are not worthy of running their own lives, so now the state is in charge for a while. They tell you when to get up in the morning, when to eat, when to work and when to sleep. I think nannying is a rather mild term for it, but it is the _raison d’être_ of the prison system. The Big House just wouldn’t be the same without it. Ironic, I thought letting prisoners smoke thus contribute to dying at a younger age from lung cancer was better then turning it into a makeshift health camp. Why should prisoners get to lose weight and gain better health for free? View points man, just answer the OP’s question please. ---
**Author:** ![aahala](https://avatars.discourse-cdn.com/v4/letter/a/a88e4f/32.png) [@aahala](https://boards.straightdope.com/u/aahala)\ **Post date:** [April 5, 2004, 1:52pm UTC](https://boards.straightdope.com/t/why-is-smoking-still-allowed-in-most-prisons/238240/14 "2004-04-05T13:52:35Z")
> [@dnooman](#): > > I know that banning smoking would cause a fair amount of rioting, but the trend these days seems to be for governments to ban smoking just about everywhere. Couldn’t a prisoner claim to be forced into a potentially hazardous situation as a result of second hand smoke? > > I’m only looking for factual info here, but I’m sure a mod will move it to GD if it starts turning that way. Maybe your original question assumes something incorrect. Here’s a news link about smoking ban in Oregon: [http://seattletimes.nwsource.com/html/localnews/2001884068\_prisonsmoking20m.html](http://seattletimes.nwsource.com/html/localnews/2001884068_prisonsmoking20m.html) I have no idea if the article is completely factual or up to date, but it does led me to believe bans are common and perhaps exceed the 50% in state prisons. ---
**Author:** ![LuckySevens](https://avatars.discourse-cdn.com/v4/letter/l/ad7895/32.png) [@LuckySevens](https://boards.straightdope.com/u/LuckySevens)\ **Post date:** [April 5, 2004, 1:53pm UTC](https://boards.straightdope.com/t/why-is-smoking-still-allowed-in-most-prisons/238240/15 "2004-04-05T13:53:34Z")
OT: A little funny snippet from [theonion.com](http://theonion.com) > [@](#): > > Smoking Ban Collapses Fragile Prison Economy > SOLEDAD, CA—A pen-wide smoking ban instituted last week devastated the Salinas Valley State Prison’s fragile economy, inmate #67545 said Monday. “There were occasional fluctuations or recalibrations, but a bar of soap used to equal three cigarettes; a Snickers, four; a Percocet, 15,” said Kenneth Oglivy, a former WorldCom accountant serving 10 years for embezzlement. “After the ban, the value of a carton of Newports climbed to 50 times its 2003 value. Now that those cigarettes are gone, it’s total chaos.” Oglivy said Salinas Valley inmates will have to devise a new system of value based on some other commodity, such as assholes. ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [April 5, 2004, 4:48pm UTC](https://boards.straightdope.com/t/why-is-smoking-still-allowed-in-most-prisons/238240/16 "2004-04-05T16:48:03Z")
Smoking is banned inside New York prisons as well. But only inside; people in yards or on sidewalks can still smoke. > [@](#): > > I do have a bit of a problem with prison smoking bans (the Vermont prisons went smoke-free some time ago). After all, if smoking is banned in a bar or your workplace, you can always go somewhere else. Prisoners, by definition, don’t have this option. Ironically, this was pretty much the same logic the judges used to ban smoking. Their reasoning was that a person in a bar or workplace who wanted to avoid being around smokers could leave the area, but a prisoner could not. ---
**Author:** ![scm1001](https://avatars.discourse-cdn.com/v4/letter/s/c4cdca/32.png) [@scm1001](https://boards.straightdope.com/u/scm1001)\ **Post date:** [April 5, 2004, 4:55pm UTC](https://boards.straightdope.com/t/why-is-smoking-still-allowed-in-most-prisons/238240/17 "2004-04-05T16:55:39Z")
> [@dnooman](#): > > . Couldn’t a prisoner claim to be forced into a potentially hazardous situation as a result of second hand smoke? > > . Im quite sure if I put into most prisons today, second hand smoke would be the least of my health problems ---
**Author:** ![Qadgop\_the\_Mercotan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/qadgop_the_mercotan/32/83_2.png) [@Qadgop\_the\_Mercotan](https://boards.straightdope.com/u/Qadgop_the_Mercotan)\ **Post date:** [April 5, 2004, 11:40pm UTC](https://boards.straightdope.com/t/why-is-smoking-still-allowed-in-most-prisons/238240/18 "2004-04-05T23:40:31Z")
> [@BrotherCadfael](#): > > I do have a bit of a problem with prison smoking bans (the Vermont prisons went smoke-free some time ago). After all, if smoking is banned in a bar or your workplace, you can always go somewhere else. Prisoners, by definition, don’t have this option. We don’t let them drink alcohol either. Is that an issue for you too? > [@](#): > > Smoking is bad for you, so if you are a prisoner, you WILL quit. It is hard to view this as anything but nanny-state government run amok. They’re convicted felons! Loss of citizen’s rights goes with the territory. The government is _supposed to be_ their nanny here. Otherwise what is the point? ---
**Author:** ![hermann](https://avatars.discourse-cdn.com/v4/letter/h/b487fb/32.png) [@hermann](https://boards.straightdope.com/u/hermann)\ **Post date:** [April 6, 2004, 12:15am UTC](https://boards.straightdope.com/t/why-is-smoking-still-allowed-in-most-prisons/238240/19 "2004-04-06T00:15:21Z")
Texas here. No smoking or air conditioning in prisons. I think going without A/C is worse than going without a smoke…and I’m a smoker. ---
**Author:** ![Scumpup](https://avatars.discourse-cdn.com/v4/letter/s/ce73a5/32.png) [@Scumpup](https://boards.straightdope.com/u/Scumpup)\ **Post date:** [April 6, 2004, 12:21am UTC](https://boards.straightdope.com/t/why-is-smoking-still-allowed-in-most-prisons/238240/20 "2004-04-06T00:21:13Z")
Smoking is prohibited inside Pennsylvania jails and prisons. Thus, the prisoners in the jail in my home county (where I also part-time as a deputy) were eager to get on the work crew (think of a chain-gang w/o the chains or brutality). The work crew became desirable because the prisoners on it, since they were outdoors and off of jail property, were permitted to smoke. That privilege is so precious to them that they administer “peer discipline” to any prisoner who does something on work gang that might cause its loss. [Next page](https://boards.straightdope.com/t/why-is-smoking-still-allowed-in-most-prisons/238240.md?page=2)