What to do about teenage smoking and vaping could be a discussion topic in next year’s Virginia General Assembly session, as one Fredericksburg-area lawmaker has already introduced a bill on the subject.
Del. Paul Milde (R-Stafford) last week announced his legislation, which would prohibit anyone younger than 21 from possessing retail tobacco and hemp products.
Milde said Monday that the bill would close what he called a loophole created by legislation approved earlier this year that has permitted underage students to possess tobacco and vaping devices on school grounds without facing legal consequences.
“I have no reason to believe this was intentional,” he said.
One of the sponsors of the previous legislation, however, said Tuesday that the bill did deliberately remove penalties for the purchase, use, or possession of nicotine and tobacco.
It was aimed instead at tightening controls over those who sell tobacco and vaping products in an effort to crack down on underage purchases, said Del. Patrick Hope (D-Arlington).
Violations of Milde’s legislation would be punishable by a civil penalty of up to $100 for a first violation or up to $250 for a second or subsequent violation.
The bill also provides that a court may, as an alternative to the civil penalty, order the performance of up to 20 hours of community service for a first violation and up to 40 hours of community service for a second or subsequent violation.
If the defendant fails or refuses to complete the community service as prescribed, the court may impose the civil penalty. A judge also could enter an order suspending the driver’s license of someone who violates the statute.
Milde, one of a dozen lawmakers who voted against Hope’s bill, said underage vaping has become increasingly apparent during high school sporting events and other extracurricular activities.
For that reason, he said, fixing the problem is a legislative priority for law enforcement agencies from across Virginia. It’s one of the top three issues, for example, for the Stafford County Sheriff’s Office.
“I appreciate Paul Milde for introducing legislation to address this issue,” Stafford Sheriff David Decatur said in a statement announcing the bill’s introduction. “I urge the General Assembly to act swiftly.”
Somehow underage vapers learned they couldn’t get in trouble for the practice and quickly began exploiting the law, Milde said
“That’s what I think is really curious,” he said.
Milde also said he would push for the legislation to be labeled as an emergency measure, which means it would take effect immediately if the governor signed it. Most other approved legislation doesn’t go into effect until July 1.
Hope, though, said what’s called “PUP” laws (for purchase, use or possession of nicotine and tobacco) disproportionately target vulnerable populations.
Instead of punishing students for smoking, what’s needed is getting them help for nicotine addiction, he said.
“You’re making criminals out of these kids,” Hope said.
He also pointed to a statement of support for his measure from the nonprofit Preventing Tobacco Addiction Foundation. It said paying fines or completing community service will not break a nicotine addiction. Affected children need help, not punishment.
“Holding those who profit from unlawful tobacco sales accountable (not the youth who are caught in the trap of tobacco company marketing or the grip of nicotine addiction) will over time bend the curve on youth use far more effectively than PUP laws,” the statement said.
Hope said that his approved bill was complicated, though, so he and state Sen. Adam Ebbin (D-Alexandria) will introduce some technical fixes to it in the next legislative session.
