Adams County to be first Mississippi county to raise smoking age?

Published 12:42 am Friday, February 5, 2016

NATCHEZ — While the State of Mississippi has set the legal age to purchase tobacco products at 18, Adams County’s board attorney says the law is broadly enough written to allow the county to set its own, higher age for purchasers.

If Adams County chooses to do so, it would be the first county in Mississippi to take the step. The idea of raising the smoking age to 21 was first raised in a meeting of the board of supervisors earlier this week, and the supervisors have taken the first step — calling for a public hearing — to do so.

The path was at least partially cleared in the late 1990s, when the Mississippi Attorney General’s Office issued three opinions stating that cities had the authority to regulate tobacco sales beyond the baseline set by the state so under the state’s home rule statute.

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“They have not done it for a county, but they have done it for a city, so the statute is probably the same,” Board Attorney Scott Slover said. “The county has advance authorization that hasn’t been pre-empted by state law. Since there is no legislation or act that has already made the statement, that is what home rule provides.”

The first attorney general’s opinion, issued to the City of Jackson, said the city had the right to regulate the sale of tobacco products around schools.

“Municipalities may adopt any ordinance which is not inconsistent with state law or the Mississippi Constitution. We are of the opinion that a municipality may adopt and enforce an ordinance which regulates the sale of tobacco and tobacco products within 500 feet of schools,” the opinion says.

The second opinion, issued to the City of Pearl, addresses in part whether the city could make possession of tobacco by a minor a local offense.

The third opinion, issued to the City of Morton, also addressed adding penalties beyond the existing state statute. The Pearl opinion specifically states that the Legislature has not pre-empted the local authority from adopting a law in line with the state statute.

If Adams County raises the purchase age for tobacco, it would join the more than 100 cities and counties around the country, including Santa Clara County, Calif., New York City, Cleveland and Kansas City, that have already raised the legal purchase age.

Adopting the change is a simple matter of adopting an ordinance, which requires publication of a notice, a public hearing and a board vote.

Supervisor Mike Lazarus, who proposed the measure criminalizing the sale of tobacco to those under 21, said the proposal was similar to when the county banned the sale of synthetic marijuana — which at the time was not illegal in the state.

“I read a study that said that 10-14 percent of kids, if you raise the age, will never start smoking,” Lazarus said. “I am not trying to run people’s life, but if I make it harder and it keeps them from starting, then it is worth it for me.”