Nebraska Raises Tobacco Purchasing Age to 19 Today

While Nebraska hasn’t yet joined the Tobacco 21 movement, it is still raising the minimum age to purchase tobacco, increasing it from 18 to 19-years-old today, a change that comes amidst the U.S. Food & Drug Administration declaring that the minimum age to purchase tobacco products has increased to 21-years-old as part of a spending bill signed by President Trump a few weeks ago.

The change comes as the result of the passage of L.B. 149 in May, which cleared the legislature 45-0 vote with four members not voting. Gov. Pete Ricketts signed the bill into law on May 31.

With the new law in effect, anyone under 19-years-old that smokes cigarettes or cigars, uses electronic nicotine delivery systems or alternative nicotine products, or tobacco in any form can be found guilty of a Class V misdemeanor, which carries a fine of up to $100.

Anyone providing tobacco products to a person under 19 can be charged with a Class III misdemeanor, which has a penalty of up to three months in jail, a fine up to $500, or both.

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On Dec. 21, 2019, President Trump signed H.R. 1865, a $1.4 trillion spending bill that also increased the minimum age to purchase tobacco products from 18 to 21.

The U.S. Food & Drug Administration (FDA) has stated that upon signing, the new law went into effect immediately. It is halfwheel’s understanding that while the law might have changed, FDA likely lacks the authority to enforce the 21-years-old minimum age standard until after a few procedural steps, which likely would be completed by the midway point of 2020. However, the Premium Cigar Association (PCA), National Association of Convenience Stores (NACS) have advised their retail members to comply with the increase to 21 as a precautionary measure.