What's Worse Than Raising The Federal Smoking Age To 21? Forcing States To Do The Same As Well

There are a number of federal Tobacco 21 bills competing in Congress right now.  But the one that Big Tobacco and their shill Mitch McConnell both want, the Tobacco-Free Youth Act, would not only raise the federal tobacco and vape sale age from 18 to 21 (thus amending the Family Smoking Prevention and Tobacco Control Act of 2009), but also force states to raise their own legal sale age limit for tobacco and vaping products to 21 by changing "18" to "21" in the 1992 Synar Amendment as well.  Such coercion in the latter would revoke a portion of federal substance abuse prevention grants from states that choose to keep their age limits below 21, something that has been academic since 1993 (when all states raised their age limits to at least 18 to satisfy the Synar Amendment as written).  Sound familiar?  In 2000 the Supreme Court struck it down as unconstitutional since back then the FDA did not have legal authority over tobacco, the FDA now does, so any new challenge would have to be one that would also attack the federal drinking age coercion in the 1980s, whether on Tenth Amendment grounds or substantive due process / equal protection under the 14th Amendment.  (Such a challenge may be the only silver lining, assuming both get overturned as a result.)

History may not repeat itself, but it does rhyme.  And the odd thing is, if the federal age limit is raised to 21, coercing the states to do so is redundant at best, and counterproductive (for the feds, that is) since it opens the federal government up to legal challenges, and also makes it easy for Big Tobacco to extract special favors from states by giving them an unnecessary bargaining chip to play with.  And this flaw seems very likely to be deliberate.  So in their zeal to raise the smoking age to 21, the anti-tobacco movement becomes strange bedfellows with Big Tobacco.

Seriously.   Let that sink in.  And by the way, threatening to withhold substance abuse prevention grants from states as a cudgel during the opioid crisis is every bit as base and cowardly (if not even more so) as withholding federal highway funding while our infrastructure is rapidly decaying and crumbling.

All of these Tobacco 21 bills need to be vigorously fought against, period.  If any of these happen to pass, another little piece of America as we know it will die, and 21 will become the new 18 in so many other ways as well.  And then it would be only a matter of time before it becomes 25, and so on.

UPDATE:  Looks like as of June 26th, the bill advanced out of committee, and they apparently scrapped the part about forcing states to raise their own age limits for tobacco/vaping products.  But the bill still stinks to high heaven regardless, albeit slightly less.

How About We NOT "Raise The Age" For Juvenile Injustice Beyond 18?

For the record, Twenty-One Debunked does NOT support any attempt raise the age for the juvenile injustice system any higher than 18.  Period.

Until recently, no one really took seriously the idea of raising the juvenile injustice age any higher than 18.  In fact, we would often half-jokingly use this idea as an intellectual checkmate against the 21 drinking age and similar illiberal and ageist laws.  But the idea is apparently now really catching on since last year.  Make no mistake, this will NOT make young adults (or anyone) any better off, but it is a Trojan horse that will later be used as an excuse to revoke ALL civil rights from 18-24 year olds, just like people under 18 today.  After all, "you can't have adult rights without adult responsibilities", they say, without even the slightest hint of nuance (or irony), of course.

I mean, we can kinda understand raising the age for the "juvenile" injustice system to 18, only because it is unfair that as long as the age of majority remains 18 and the juvenile age limit is lower than 18, people under that age are hypocritically treated as children when they are good and adults when they are bad.  A few states currently still set the age limit at 16 or 17 to this day, and they should probably raise it to 18 given what we know now about youth development.  But any higher than that is really asking for trouble, and will do far more harm than good.  If they honestly want to make the adult criminal injustice system more rehabilitative and restorative for all ages, fine.  But they really don't, and raising the age limit is both over and under inclusive, and highly counterproductive to both justice and youth rights.

As for the idea of having separate young-adult prisons for 18-24 or 18-25 year olds while still trying and sentencing them as adults, we have no problem with that.  The UK has done that for a while, and now Connecticut is experimenting with this idea as well.  It does make sense to not put those who are young enough still have a chance (however slim) to be rehabilitated in the same facility with older, more hardened criminals who will be a very bad influence on them.  Believe it or not, us youth rights activists actually are capable of nuance.  But trying and sentencing them as anything less than the adults that they are is really taking things too far in that regard.

Indeed, slopes are a LOT slipperier than they appear.  One of the very first things to do to fight this trend is to jettison the term "emerging adult" from our vocabulary, at least in regards to 18-24 year olds.  "Young adult" is the longstanding and preferred term for that age range as well as also 25-34 year olds, and there is no need for neologisms that further divide the youth or young adult demographics.  Language is very powerful, and recategorizing people with neologisms is the first step towards second-class citizenship (i.e. not REAL adults, because REASONS, or something).

And of course, we must recognize and expose the junk neuroscience behind this latest Trojan horse for what it is, as it is literally the same junk neuroscience used to justify abridging the civil rights of 18-24 year olds (to say nothing of those under 18 as well, a fortiori.)

So let's NOT give the ageists any more ammunition by taking the bait here.  Seriously, not even in jest.

Have A Safe And Happy Memorial Day Weekend

Today is Memorial Day, often known as the unofficial first day of summer and National BBQ Day.  But let's remember what it really is--a day to honor all of the men and women of our armed forces who made the ultimate sacrifice for our country.  And that of course includes all of those who died serving our country before they were legally old enough to drink.  Let us all take a moment of silence to honor them.

As for Candy Lightner, the ageist turncoat founder of MADD who had the chutzpah and hubris to go on national TV in 2008 and publicly insult our troops, may her name and memory be forever blotted out. 

And as always, arrive alive, don't drink and drive.  It's just not worth it, period.  And it's very simple to prevent.   If you plan to drive, don't drink, and if you plan to drink, don't drive.  It's not rocket science.