By Bob Katzen
The House, on a voice vote without a roll call, gave initial approval to a bill that would provide that any state law approved by the Legislature and signed by the governor, that establishes a minimum age for the purchase of a product or service, or for participation in an activity, supersedes and preempts any rule, regulation, ordinance or by-law of a local city or town. The law would apply to products including tobacco products, nicotine delivery systems, alcoholic beverages and gambling.
Rep. Daniel Cahill (D-Lynn), the sponsor of the bill, did not respond to repeated requests by Beacon Hill Roll Call asking him why he filed the bill and to comment on its passage.
Supporters of the bill say that some cities and towns have implemented local age restrictions on these sales that are stricter and conflict with state law. They argued that this patchwork of local laws is confusing and unfair and said the state should have the power to make these local laws null and void and ensure that any state law supersedes a local law on these sales.
Stephen Helfer, co-founder of Cambridge Citizens for Smokers’ Rights, said he applauds this proposal and supports that state law supersede any hodge podge of local regulations. “Retailers with multiple locations are hurt by the zealousness of some municipalities who wish to erode adult choice,” continued Helfer. “Adults are infantilized by health zealots who think they know what everybody should do. Isn’t this the state where individual liberty was born?”
Opponents of the measure say that local cities and towns should retain the right that allows them to determine the age required to purchase these products. They argued that local law should supersede any state law.
A related proposal (S 1568) heard by the Public Health Committee last July would eventually end the sale of all nicotine and tobacco products in the Bay State. The proposal does not take away the right to purchase nicotine and tobacco products from anyone who is already legally able to do so. Instead, the measure would prohibit people under 21 who are not currently old enough to legally purchase nicotine and tobacco products, to ever be lawfully able to purchase these products in Massachusetts. The legislation was shipped off to a study committee last December. Most bills that go to a study committee are rarely actually studied and are essentially defeated. It is simply a way to kill a proposal without holding a vote on the bill itself.
“Hundreds of thousands of Americans die from smoking-attributable causes each year, and smoking continues to be the leading cause of preventable disease and death in the United States,” said sponsor Sen. Jason Lewis (D-Winchester) when he filed the bill. “Massachusetts prides itself on being a national and even world leader in public health, which is why I was proud to file this bill to establish a statewide Nicotine-Free Generation policy, modeled after local policies already enacted in many Massachusetts cities and towns, including every community that I represent. This bill will not take away the right to purchase nicotine and tobacco products from anyone who is already legally able to do so. Rather, this legislation will protect future generations, who are being targeted by Big Tobacco, from the harms of smoking and create a healthier world for the next generation.”
Opponents again say that local cities and towns should retain the right to determine the age required to purchase these products. They said the eventual total statewide ban goes too far.