Information about Smoking Laws in the United States
There are two ways that smoking laws operate in the United States; there is the federally supported smoking age of 18 which states can decide to implement, or risk the loss of their FEMA (Federal Emergency Management Agency) grants, and then there are state by state laws that dictated age limits and locations where smoking is not allowed.
For the most part, most of the states will adhere to a purchasing age limit of 18 years, though some have actually raised that level to 19. There are also some states that differentiate between smokeless tobacco products and items like cigarettes and cigars too.
Where a lot of conflict occurs, however, is in the creation and implementation of smoking ban laws on a state by state basis. This is because both smokers and non-smokers believe that they have certain rights and that laws that protect either group are discriminatory. For now the laws are leaning more and more towards comprehensive bans on smoking in many public places, including restaurants, bars, and some outdoor areas. The only exception to any federal regulation of smoking has to do with smoking on air carriers, which was outlawed in 1998.
Why no smoking in public places? Generally it is due to the high toxicity levels of what is known as “secondhand” smoke. This is a compound that is a combination of the exhaled smoke coming out of a smoker’s lungs and the smoke that is also coming from the end of their cigarette. These two materials contain a whopping four thousand-plus toxins and around fifty known carcinogens. This means that someone sitting in a restaurant without a smoking in ban in place is likely to inhale a hefty amount of carcinogenic material that could be putting them at risk for developing the same diseases that a smoker can too. This does not even mention the fact that the same space might also be inhabited by a small child who has a much smaller air way that makes it even more likely that problems could arise.
Currently, most smoking laws will fall under state, health, occupational, and even some criminal laws. They tend to have an immediate implication for the workplace, restaurants, bars, and public outdoor areas. For example, there are twenty-five states with a full ban on smoking in any enclosed public space. This might include shopping malls, stores, and anywhere groups of people congregate. Some states make exceptions to the ban, and might allow smoking in a casino, bar or other place if the individual location seeks the proper permit.
It does seem, however, that the overall trend in the laws is to reduce the likelihood of a n
on-smoker to come into prolonged contact with secondhand smoke and the associated health risks.
