As Massachusetts mulls changing smoking age to 21, questions remain

The effort to increase the tobacco sales age limit to 21 years will undoubtedly cut into the revenue of convenience stores, including the 7-Eleven Dennis Lane has owned for 44 years.

The loss would be unfortunate for business, he said, but it’s not why he’s against increasing the age.

“Raising age limits redefines the age that somebody becomes an adult,” said Lane, who doesn’t smoke himself. “If you’re adult enough to pick up a rifle and protect this country, then you’re obviously adult enough to make the decision about whether or not to smoke.”

As Massachusetts inches closer to becoming one of a handful of states where -- like alcohol -- you must be at least 21 years old to buy a pack of cigarettes, debate has ensued related to health, personal freedom and shared responsibility.

The state Legislature is mulling a bill that would increase the minimum age for purchasing tobacco and electronic smoking products to 21 years from 18 years. The legislation, if enacted, would follow a popular trend playing out at the local level, where 179 of the 351 municipalities -- representing 73.8 percent of the state’s population -- have already enacted such laws.

“Cities and towns have been doing this for years,” said Cheryl Sbarra, director of policy and law at the Massachusetts Association of Health Boards, based in Winchester.

Indeed, the idea to increase tobacco age limits became a reality more than a decade ago in Needham, the first municipality to increase the age requirement in 2005. The idea inspired other municipalities, and subsequently picked up steam, as many other communities have since followed suit, including Boston, Brockton, Cambridge, Malden, Marshfield, Waltham and Worcester.

Until recently, debate surrounding the issue has been almost formulaic.

Health professionals argue increased age limits help deter malleable young adults from becoming addicted to tobacco products, citing scientific research showing the brain is more susceptible to addiction at a younger age.

“Tobacco companies have been trying to addict young people since their inception, or at least since cigarettes have been popular,” Sbarra said. “It’s the tobacco companies’ fault they’re using these products.”

Local retailers, meanwhile, argue the majority of underage smokers get tobacco products from sources other than direct sales, including friends and family. Increasing the age limit unfairly targets retailers, and could reduce tobacco sales by roughly 15 percent, according to Lane. A 2014 study published in the American Journal of Public Health estimated the loss being closer to 2 percent.

“It impacts different businesses in different ways, but every time you take customers out of stores, there will be a financial hit,” said Jon Shaer, executive director of the New England Convenience Store and Energy Marketers Association Inc. based in Stoughton.

More recently, however, the debate has started to shift away from age limitations. Shaer’s association and the Retailers Association of Massachusetts are neutral on the proposed legislation, saying a statewide mandate would at least bring uniformity and predictability to doing business in Massachusetts.

“The city and town approach creates nothing but confusion,” Shaer said. “We’d like to see a more uniformed approach, and the simplest way to achieve that is with a statewide approach.”

Lane, whose 7-Eleven is in Quincy, said his biggest concern moving forward is related to enforcement.

While the legislation increases the age to buy tobacco, it says nothing about enforcement against underage buyers, meaning it’s illegal for retailers to sell tobacco products to minors, but not illegal for minors to buy tobacco products from retailers.

“It’s a real Catch-22,” Lane said. “We need purchase, possession and use laws, but no one wants to talk about it.”

Lane, who also heads the Coalition of Responsible Retailers and Business Owners in Billerica, argues there should be language making it specifically illegal for minors to purchase tobacco products. There should also be fines levied against adults who provide tobacco products to underage consumers. The ideas are echoed by other retailers.

“Neither this bill, nor any of the municipal regulations adopted to date, do anything to address this issue,” said Ryan C. Kearney, general counsel of the Retailers Association of Massachusetts, based in Boston.

Sbarra, however, sees it differently and is working with municipalities throughout the state to further regulate and restrict products, such as flavored tobacco and individually sold cigars. The effort, she said, is about making it harder to access a deadly product, but not punishing younger populations for falling into a marketing trap set for them by tobacco companies.

“If you want to be in the business of selling a product that kills people, there are going to be regulations attached to that,” she said. “It’s a dangerous and defective product.”

Eli Sherman is an investigative and in-depth reporter at Wicked Local and GateHouse Media. Email him at esherman@wickedlocal.com, or follow him on Twitter @Eli_Sherman.