New Hampshire’s Tobacco Purchasing Age Increases to 19 Today

As happened in Washington and Nebraska, the minimum age to purchase tobacco products in New Hampshire is going up today, to 19-years-old. It is a change that comes on the heels of 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.

While it might not be the 21-years-old mark that nearly 20 other states have implemented, it was a compromise reached during budget hearings during the past legislative session. A proposal to raise the minimum age to 21 was included in the first budget submitted to Gov. Chris Sununu, but he vetoed it, sending lawmakers back to the drawing board and resulting in the change to 19-years-old.

Nebraska also raised its minimum age to purchase tobacco products to 19-years-old today, while it is the minimum age in Alabama, Alaska and Utah, though that will change in the near future. In March 2019, Utah passed legislation that will raise the minimum age to purchase tobacco products to 20-years-old on July 1, 2020, and then to 21-years-old on July. 1, 2021.

The increase comes as the federal age is being increased to 21-years-old, which the FDA has declared to already be in effect despite seemingly needing to go through a protocol of being published in the Federal Register.

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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.