Things to know about California’s new tobacco, vaping laws

California Gov. Jerry Brown signed several tobacco related laws Wednesday, May 4, 2016, including one that raises the minimum age to buy tobacco products from 18 to 21, and another that regulates electronic cigarettes.

SACRAMENTO, Calif. (AP) — Gov. Jerry Brown, a Democrat, has signed five laws that increase California’s minimum age to buy tobacco from 18 to 21, regulate electroniccigarettes and restrict tobacco use in various other ways.

Here are some things to know about the new tobacco laws:

WHO’S AFFECTED

The 21-to-buy restriction and rules limiting where people can vape apply to everyone in the state of California except military personnel with an identification card. The bill stalled for six months while veterans’ organizations and Republican lawmakers fought to include the exemption. The new laws take effect on June 9.

NOT THE FIRST

In April, Hawaii became the first state in the nation to raise the legal age to 21. More than 100 local jurisdictions around the country also have made the change, including New York, Chicago and San Francisco.

WHO OPPOSES IT?

Tobacco companies have fought for years to restrict sales, which could result in millions of dollars in lost revenue, but they have kept a low profile during the public debate this year. Electronic cigarette companies, which have a growing market, also opposed the legislation. Some activists see e-cigarettes as a path to quit smoking traditional cigarettes and oppose the state’s move to classify vapor paraphernalia as tobacco products.

CAN IT BE BLOCKED?

Yes, though it’s unlikely. Tobacco companies and their allies have considered a referendum campaign in which they’d ask voters to overturn some or all of the laws. But they have a narrow window until Aug 2 to file a petition with the state, get it approved, gather 366,000 valid signatures and turn them in to county clerks. If they get enough valid signatures, voters would decide in November. It would also be costly. Signature-gatherers are currently charging campaigns up to $5.50 per signature.

ARE E-CIGS ILLEGAL?

No. Vaporizers, vape liquid and other electronic smoking paraphernalia are now considered tobacco products under California law. That means, like traditional tobacco products, e-cigarettes will be prohibited in many spaces like workplaces, restaurants, bars and movie theaters.

POSSESSION IS LEGAL

The law criminalizes the act of selling or giving tobacco or tobacco products to minors, not minors’ possession of it. People under 21 cannot be fined, jailed or otherwise punished for having tobacco, unless they violate another law such as smoking in a movie theater.

MEDICAL POT STILL LEGAL

The new e-cigarette law was written specifically to declare that its provisions do not affect any law or regulation regarding medical marijuana, including California’s minimum age of 18 to use medical marijuana. Policy advisers say medical pot patients 18-20 should still be able to purchase pipes and vaporizers, but it is unclear how strictly the products will be kept from those under 21 who would use them for unlicensed pot use or for tobacco.

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