21 in Kansas: Local Efforts to Regulate Age of Smokers and Vapers Informing Policy. Improving . February 27, 2019

Tobacco 21 is a Youth Prevalence Rates initiative which: (1) raises the In the last decade, minimum age of legal access smoking prevalence (MLA) for sale of tobacco rates have declined products to persons age 21 and significantly among older; and (2) reduces access of Kansas high school adolescents to tobacco products students (from 51.0 by interrupting the supply percent in 2005 to available from peers age 18–20. 26.5 percent in 2017 Raising the MLA to age 21 for ever smoked a complements other strategies ; from 21.0 to reduce tobacco use, percent in 2005 to including higher tobacco taxes, 7.2 percent in 2017 strong -free laws that for currently smoking include all workplaces and ; and from public places, and well-funded, 25.3 percent in 2005 to percent of high school students sustained, comprehensive 10.6 percent in 2017 for currently reported current use of cigarettes tobacco prevention and smoking either cigarettes or ). compared to 8.8 percent nationally, cessation programs. In 2017, the prevalence rates for and 17.1 percent reported using “Tobacco products” is defined tobacco product use for Kansas one or more tobacco products in to include cigarettes, cigars, high school students were lower Kansas compared to 19.5 percent , shisha or than national rates. In Kansas, 7.2 nationally. tobacco, and electronic vapor products (including e-cigarettes, e-cigars, e-pipes, Rationale vape pipes, vaping pens, Adolescent brains have a heightened Friends and family (social sources) e- and hookah pens). sensitivity to the rewarding effects of a central role in establishing adolescent . Approximately 54 percent tobacco use patterns. In Kansas, a of daily adult smokers are smoking statewide Tobacco 21 law would affect daily before age 18, 85 percent are nearly 250,000 Kansans age 15–20. smoking daily before age 21 and 94 Young adults age 18–20 would be percent are smoking daily before age directly affected, and adolescents age 25. If someone is not a regular smoker 15–17 might no longer have access to a by age 25, it is highly unlikely they will supply of tobacco products from their become one. peers age 18–20.

Impact on Retailers and Enforcement A study published in the American Journal of Public about the age limits from those affected and one-quarter Health estimated the economic consequences of indicated witnessing “shoulder tap” buys on a monthly implementation of Tobacco 21 policies to be a reduction basis after the Tobacco 21 policy went into effect. of approximately 2.2 percent of total tobacco sales. A study in New York City concluded that there was a A study in California found that there was a reduction in reduction in legal purchase age identification verification sales to minors when comparing pre- and post-Tobacco after adoption of Tobacco 21 policies, which might be 21 implementation. Half of retailers reported complaints improved with enforcement regulation. KHI/19-11 Kansas City, Kansas, Enforcement Study Two years after the passage of Tobacco 21 in Kansas resulted in a failure — sale to a minor under age 21. This City, Kansas, an enforcement study was conducted. Two resulted in a retailer violation rate (RVR) of 24.8 percent hundred seventy-two undercover visits were conducted at (32 out of 129 retailers). As a group, the RVR among 129 tobacco product retailers to assess the effectiveness stations with convenience stores was 34.4 of the T21 policy. Thirty-five visits among 32 retailers percent, which was the highest of all retailer types.

S Tobacco 21 Policies SCTY Johnson County (unincorporated) In 2005, Needham, Six states — Hawaii, Local ordinance effective as of July 1, 2017. Massachusetts, was the California, New Jersey, Smoking restrictions amended to include first town in the U.S. to Oregon, Maine and enact a law raising the Massachusetts — the e-cigarettes. minimum age of legal District of Columbia and access (MLA) to tobacco Guam have raised the Leawood products to age 21. MLA to age 21. Local ordinance effective as of Jan. 1, 2017.

Lenexa ocal Tobacco 21 rdinances dopted in Kansas, Local ordinance effective as of July 1, 2016. as of ebruary 21 Smoking restrictions amended to include Local ordinances adopted in Kansas have all raised the minimum age of legal access (MLA) for sale tobacco, hookah and vapor products. of tobacco products (including electronic vapor products, nicotine or e-cigarettes) to persons age 21. Some localities have included exemptions, amended smoking restrictions, and/or raised the Merriam age of purchase, use and possession (PUP) penalties in their local ordinance which are noted below. Local ordinance effective as of Jan. 1, 2017.

Mission Hills IEYCTY Local ordinance effective as of Oct. 20, 2015. Finney County (unincorporated) Local ordinance effective as of January 5, 2019. SCTY Olathe Cannot possess if under age 21. Cannot sell Local ordinance effective as of Feb. 6, 2016. to or purchase for anyone under age 21. Douglas County (unincorporated) Local ordinance takes effect Overland Park Garden City on March 8, 2019. Local ordinance effective as of Aug. 1, 2016. Local ordinance effective as of July 1, 2017. Cannot possess if under age 21. Cannot sell Prairie Village to or purchase for anyone under age 21. SEECTY Local ordinance effective as of March 29, 2016. Shawnee County (unincorporated) Holcomb Roeland Park Local ordinance effective Local ordinance effective as of June 13, 2018. Local ordinance effective as of Nov. 21, 2016. as of Sept. 14, 2017. Cannot possess if under age 21. Cannot Current and former U.S. military are exempt. sell to or purchase for anyone under age 21. Topeka Westwood YTTECTY Local ordinance adopted on Local ordinance effective as of Aug. 11, 2016. December 5, 2017. Shawnee County Bonner Springs District Court judge entered a Local ordinance effective as of July 1, 2016. Westwood Hills permanent injunction prohibiting the Local ordinance effective as of Aug. 14, 2017. enforcement of the Tobacco Edwardsville 21 ordinance in the Local ordinance takes effect on April 1, 2019. City of Topeka on EERTCTY March 22, Lansing Wyandotte County 2018. (unincorportated) Local ordinance effective as of July 1, 2016. and Kansas City, Kansas Local ordinance effective as Leavenworth of Nov. 26, 2015. Smoking Local ordinance effective as of Sept. 1, 2016. restrictions amended to include vapor products.

ETTECTY ECTY Parsons Iola Local ordinance effective as of May 5, 2018. Persons under age 21 Local ordinance effective may purchase with valid U.S. military ID or be born on or before April 2, 2000. as of June 1, 2016.