Well, it's now official. As part of a must-pass budget bill to avoid yet another government shutdown, Congress attached several provisions unrelated to spending, most notably a rider that hikes the federal age limit for the sale of tobacco and vape products from 18 to 21 nationwide. And on December 20, 2019, Trump signed it into law, and even had the GALL to brag-tweet about it. And while Republican Senate Majority Leader Mitch "Awkward Turtle" McConnell, a big supporter of the age limit hike, was no doubt very pleased with himself for his "victory", we need to remember that both duopoly parties overwhelmingly supported it. Tyranny is apparently as bipartisan as it is whimisical--and very cowardly as well.
For practical purposes, the new age limit actually takes effect after 180 days plus an additional 90 days, meaning an effective delay of nine months from the date of signing. Thus, by September 2020, Tobacco 21 will have been fully phased in nationwide.
The text of the new federal Tobacco 21 law does two things: 1) amends the Family Smoking Prevention and Tobacco Control Act of 2019 by changing "18" to "21", and 2) while it technically no longer forces states to change their own laws (unlike the original version), nonetheless amends what was once called the Synar Amendment by requiring states to enforce (against vendors) the new federal age limit of 21 for the sale of tobacco and vape products, in order to quailfy for certain substance abuse prevention grant monies.
Though weaker than its original version, it is that second provision that may prove to be the Achilles heel of this law if it were to be challenged in court, on both Tenth Amendment as well as Fourteenth Amendment. And if such a challenge ever proves successful, it will no doubt also overturn South Dakota v. Dole, and the National Minimum Drinking Age Act along with it. But until then, it is long past time to be very, very angry at what passes for "leadership" in America's long, dark night of the soul.
Winter is coming, in more ways than one.
UPDATE: Looks like the FDA isn't wasting any time in raising the tobacco and vape product sale age to 21. As of December 27, 2019, they officially noted on their website that it is now illegal to sell tobacco or vape products to anyone under 21. FEH.
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Tyranny is bipartisan in this country. Specifically, advocates of oppression against young people in this country is bipartisan. It should not be overlooked that lobbying by companies such as JUUL is a major reason why the smoking and vaping age will be raised to 21. Commercials by JUUL shows that this company will challenge the rights of young adults in order to continue making a profit. In addition to Altria. Lobbying by vaping companies and by the tyrannical Tobacco21 are the major reasons for that oppressive spending bill.
ReplyDeleteIndeed, Big Tobacco and Big Vape, most notoriously JUUL, are of course behind this as well. That is primarily why Mitch "Awkward Turtle" McConnell supported Tobacco 21 in the first place, as he is on Big Tobacco's payroll. And now the Vapor Technology Association came out in favor of it too, just like the (un-)American Vaping Association.
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