By Timothy S. Donahue
North Carolina lawmakers are advancing legislation to raise the legal age for purchasing tobacco and vape products from 18 to 21. The bipartisan initiative, led by Rep. Donnie Loftis and Sen. Gale Adcock, seeks to bring state law in line with the federal “Tobacco 21” law enacted in 2019.
House Bill 430, titled “Protect Youth from Harms of Vaping & Nicotine,” not only proposes increasing the minimum purchase age but also introduces a requirement for retailers to obtain a tobacco retail sales permit.
“We need to do more to protect our children from the harmful effects of nicotine addiction,” said Rep. Loftis during a recent press conference. “By raising the purchase age and implementing a permitting system, we can better regulate the sale of these products and keep them out of the hands of our youth.”
The state’s retailer violation rate—reflecting the percentage of retailers selling tobacco to underage buyers—stood at 21.9% in the 2023 federal fiscal year, exceeding the federal threshold of 20%. The non-compliance puts North Carolina at risk of losing over $5 million in federal funding designated for mental health prevention, treatment, and recovery services.
The proposed legislation has faced criticism from some retail industry representatives. Andy Ellen, president and general counsel of the North Carolina Retail Merchants Association, expressed concerns about the potential burden on businesses. “While we support efforts to prevent underage tobacco use, the implementation of a new permitting system could impose significant costs on retailers,” Ellen stated.
The bill also includes provisions for educational interventions. Individuals under 21 caught attempting to purchase tobacco products could be required to attend a tobacco education program, while retailers found selling to underage customers would face a Class 2 misdemeanor charge, punishable by up to 60 days in jail and a $1,000 fine.
The legislation is currently under review by the House Committee on Rules, Calendar, and Operations. If passed, North Carolina would join the majority of states that have already adjusted their laws to reflect the federal Tobacco 21 standard.
