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HB 1063: Perry Boosts Tobacco Age to 21, Decriminalizes Youth Smoking

By Cory Allen Heidelberger on 2020-01-21

Representative Carl Perry (R-3/Aberdeen) rushes to fill the gap left by our lazy Attorney General on tobacco enforcement. Rep. Perry brings House Bill 1063 to bring South Dakota into compliance with the new federal tobacco sales age of 21.

HB 1063 includes some other interesting updates to our tobacco laws:

  1. While maintaining legal penalties for folks who sell tobacco to or buy tobacco for underage individuals, HB 1063 strikes the punishment for the underagers themselves who might buy or use tobacco products.
  2. HB 1063 bans tobacco vending machines (we still have those?) from private offices, businesses, and factories and leaves an exemption for such machines only in places open to the public but off limits to individuals under 21.
  3. HB 1063 requires every tobacco merchant to post a sign saying, “No person under the age of 21 may be sold tobacco products.”
  4. HB 1063 changes the language on surprise inspections at tobacco sales and distribution sites from “various locations” to “each location.” HB 1063 thus makes clear that everyone dealing tobacco gets inspected each year.
  5. HB 1063 repeals the provision that allows merchants to detain and interrogate minors who try to buy smokes or chew. After all, if HB 1063 is decriminalizing those crazy kids’ attempts to buy some Copenhagen, the shopkeepers no longer have legal grounds on which to detain them.

House Bill 1063 has been referred to House Health and Human Services, on which Rep. Perry serves. The bill awaits scheduling.

Published in South Dakota

5 Comments

  1. o 2020-01-21 12:21

    Why smoking is legal at ANY age baffles me.

  2. Debbo 2020-01-21 18:23

    So there’s zero penalty of any kind for underage people to buy or possess cigarettes?

  3. Debbo 2020-01-22 17:53

    Here’s a much better way to take care of health from Vox. There are also links to other articles, all valuable.

    is.gd/NvEQUR

  4. Cory Allen Heidelberger Post author | 2020-01-22 19:48

    Debbo, that appears to be the impact of Perry’s bill: kids buying or trying tobacco will face no penalty, but anyone helping them get tobacco will.

  5. Cory Allen Heidelberger Post author | 2020-01-22 19:53

    O, I suppose we can say that smokes are legal for the same reason as bacon cheeseburgers: eventually they’ll kill you, but some people like them.

    Similarly unhealthy: sitting around on the couch watching TV day after day, watching Fox News… but I can’t bring myself to outlaw such unhealthy behavior.

    And Debbo, it’s good to see Maryland is at least trying something different to make health care work for more people.

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