Can You Go into a Smoke Shop at 18 in Florida?

Florida, like many states, has cracked down on underage tobacco use. In the past, 18-year-olds could legally purchase cigarettes and vaping products. But has the Sunshine State followed suit with the federal law raising the minimum age?  

In this article, we will dive into the current regulations and clarify whether you can enter a smoke shop at 18 in Florida.

Legal Smoking Age in Florida

According to the CDC, those who start smoking at the age of 20 or below have a higher chance of developing nicotine dependence. Approximately 90% of adults who are cigarette addicts first started smoking when they were only 18.

To curb tobacco use among young adults, Florida raised the legal smoking age to 21 in October 2021. This aligns with the federal law that was implemented a year and a half prior. The primary reason behind this change is the fact that most smokers begin the habit before reaching adulthood. Early intake of Nicotine and its products can lead to hardcore addiction. 

Despite restrictions, 1.3% of high school students are indulged in smoking, as reported by Tobaccofreekids.org.

By delaying access to tobacco products, Florida aims to reduce the number of young people who start smoking before they are 21. This will protect their health from the harmful consequences of smoking. 

Definition of a Smoke Shop

A smoke shop, primarily found in North American English, is a retail store specializing in tobacco products and related accessories. A conventional smoke shop offers a variety of cigarettes, cigars, pipe tobacco, and smokeless tobacco options. Additionally, they stock rolling papers, lighters, ashtrays, and other paraphernalia needed for tobacco use. 

As per TLeaf Gallery, the conventional smoke shops focus primarily on tobacco products, modern iterations may also feature glass galleries related to cannabis consumption. It includes leading glass art, grinders, and CBD items, depending on local regulations. 

It's important to note that the term "smoke shop" can also be used as slang for places that illegally sell marijuana or other drugs, but this is not the primary meaning.

Access to Smoke Shops at Age 18

For those under 21 in Florida, accessing smoke shops is off-limits. In 2021, the state raised the legal age to purchase tobacco and nicotine products, including those sold in smoke shops, to 21. 

This aligns with federal law. If an 18-year-old attempts to buy tobacco products, the shop faces fines and potential license suspension. While there's no penalty for simply entering a smoke shop at 18, it's highly prohibited they'll be able to make a purchase.

The annual healthcare cost directly caused by smoking is around $10.04 billion in Florida, as reported by the Florida Tobacco Strategic Plan. This plan aims to improve public health in Florida through tobacco control practices. It aims to minimize tobacco use and eradicate exposure to secondhand smoke and electronic vapor product aerosol.

Buying and Selling Restrictions

Florida has a clear-cut age restriction of 21 for buying tobacco products in smoke shops. There can be additional restrictions depending on the locality or the shop's policies. These might include:

• Quantity limits: Some shops may restrict the amount of tobacco products a customer can purchase at once, aiming to deter resale or stockpiling.
• ID verification: Even for customers who appear older, a shop might request a valid ID to ensure they meet the age requirement.
• Restricted products: Certain tobacco products, like flavored vaping liquids or specific types of cigars, could have additional age restrictions or even local bans.

It's always best to check with the specific smoke shop or browse their signage for any additional buying limitations.

As stated by the Tobacco Retail Licensure, every retailer who wishes to sell tobacco products or vending machines in Florida needs a permit. This permit or license has to be renewed annually, with a fee of $50 or more. It must be renewed every year on or before 15th January. 

Enforcement and Penalties

Florida enforces the 21-age minimum for tobacco sales through penalties for sellers and compliance checks. Retailers who sell tobacco products to someone under 21 face a tiered system of consequences. 

A first offense is a second-degree misdemeanor, punishable by a fine of up to $500 or imprisonment for up to 60 days. Subsequent offenses within a year become first-degree misdemeanors, with steeper fines of up to $1,000 and potential jail time.

The FDA also can judge CMPs for violations of the FD&C Act linking to tobacco products. Presently, the maximum penalty for violating a requisite of the FD&C Act relating to tobacco products is $20,678 for a single violation.

Additionally, the Division of Alcoholic Beverages and Tobacco can levy administrative fines on the shop and even suspend or revoke their retail license. These penalties are a strong deterrent for retailers and encourage them to card every customer.

Public Health and Safety Considerations

The age increase to 21 for purchasing tobacco products in Florida is rooted in public health and safety considerations. Nicotine is highly addictive, and early exposure during adolescence can prime the brain for long-term dependence. By delaying access to tobacco products, Florida aims to reduce the number of young people who initiate this habit and safeguard their health. 

Furthermore, restricting sales at shops helps to minimize the normalization of tobacco use among young adults, creating a social environment that discourages its adoption. These measures contribute to a healthier population and potentially lower healthcare costs associated with smoking-related illnesses.

Frequently Asked Questions

Can I enter a smoke shop in Florida at the age of 18?

No, you cannot enter a smoke shop to purchase tobacco products at 18 in Florida. The lawful age to buy nicotine products and tobacco is 21 in Florida. While you might be allowed in the shop, you won't be able to make a purchase.

What types of products can you buy at a smoke shop?

Smoke shops typically sell tobacco products like cigarettes, cigars, and loose tobacco for pipes or rolling. You'll also find various smoking accessories like rolling papers, lighters, grinders, and ashtrays. Some shops may even carry incense, CBD products, or alternative smoking blends.

What should I do if I see minors attempting to enter a smoke shop?

If you see minors trying to enter a smoke shop, you can politely inform the shop owner or employee. Alternatively, you can report the incident anonymously to the local authorities. Their job is to enforce age restrictions for tobacco purchases.

To summarize, Florida has aligned its tobacco sales laws with federal regulations, raising the minimum age to purchase tobacco products to 21. While 18-year-olds may be allowed to enter a smoke shop, they won't be able to make a purchase. This age increase aims to reduce tobacco use among young adults, protecting their health and promoting a healthier overall population. 

Remember, age restrictions are strictly enforced, with penalties for sellers and potential consequences for those attempting underage purchases.