The protection of the public welfare requires that potential access by minors to all forms of tobacco products be strictly regulated.
Howard University and the National Institute on Drug Abuse have reported that the nicotine in tobacco is a powerful, habit-forming drug that leads to compulsive use, and produces strong withdrawal symptoms. The U.S. Public Health Service has described nicotine addiction as the most widespread example of drug dependence in our country.
Studies have found that nicotine addiction typically begins in childhood. It has been estimated that thousands of American children smoke for the first time every day. Many youth, particularly male teenagers, use smokeless tobacco. Reported tests have shown that minors as young as eleven (11) years of age have experienced little or no difficulty in purchasing tobacco products.
Existing state law prohibits knowing distribution of tobacco products to persons under the age of eighteen (18) years. The state law scheme does not cover all conduct involving distribution of tobacco to minors because a distributor can avoid prosecution for knowingly distributing to a minor by failing to obtain information about the recipient's age. A local ordinance which makes unknowing distribution an infraction will supplement existing state law, will not be inconsistent with existing state law, and will help achieve the important purpose of reducing the likelihood of minors obtaining tobacco products in the city. (Prior code § 24.02.009)