The Senate Committee on Health and Human Resources has approved a bill that would raise the legal age for purchasing tobacco, tobacco-derived, alternative nicotine and vapor products to 21 from the original age of 18.
The decision on the bill, SB 37, was heavily debated and narrowly approved, with six votes for and five votes against.
Those opposed to the bill felt that it was not the state’s job to dictate the behavior of adults.
Senator Robert Karnes (R-Upshur) said it would be “absurd” to deny tobacco products to those already able to vote or enlist in war, especially since doing so would “create an entirely new class of criminals” who are already addicted to nicotine.
Dr. Rahul Gupta, commissioner of the West Virginia Bureau for Public Health, said the bill would do little to solve current addiction issues, and it would not stop the use of tobacco, as 80 percent of cigarette smokers have had their first cigarettes before the legal age of 18.
Senator Tom Takubo (R-Kanawha), Chair, said while he understands the importance of allowing people to make their own choices, tobacco use has become the most significant health issue in the state.
“This is tough,” Takubo said. “But tobacco has shown many times to be more dangerous than heroin.”
Senator Ron Stollings (D-Boone) said the change in legal age could also help save the state Medicare costs, as smoking has shown to be the “number one driver of health care costs.”
However, Karnes suggested that the change in legal age could cause the state to lose $6-7 million in tobacco sales.
Stollings also said the bill could help West Virginia to change its status as one of the top states in the nation for tobacco use.
Despite this, Senator Mike Azinger (R-Wood) said the bill seems to be “just political correctness,” since it has been proven that those who regularly use tobacco have been using it since before they were of legal age.
He also suggested the bill could be enforcing policies that lie “outside the parameters of constitutional law,” since the bill could be seen as “defining morals.”
Hawaii and California have already raised the legal age to 21 for purchasing tobacco, and many states appear to be considering such legislation themselves.
A similar bill is pending before Congress to enact in Washington, D.C.
The committee also approved bills SB 40, SB 187 and SB 188 to go before the floor with the recommendation to pass.