BILL NUMBER: S4051
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act to amend the public health law, in relation to making it unlawful
for a person under the age of twenty-one to possess tobacco and vaping
products
 
PURPOSE:
To prevent teenagers and young adults from becoming addicted to nico-
tine.
 
SUMMARY OF PROVISIONS:
Section 1: Amends article 13-F of the public health law by adding new
section 1399-mm-4 to make possession of any tobacco or vaping product by
people under age 21 illegal. Specifies that possession of these products
is not grounds for arrest and sets a maximum fine of $50 dollars and/or
completion of a tobacco awareness program and/or an appropriate amount
of community service not to exceed 30 hours.
Section 2: Sets Effective Date.
 
JUSTIFICATION:
Smoking or vaping nicotine products leads to addiction and dramatically
increases the risk of death from cancer, respiratory diseases, and seri-
ous health issues. New York is increasingly taking action to protect
older teens and young adults from severe risks. In 2019, the Legislature
passed a bill (S2833) to raise the minimum age to purchase tobacco
products from 18 to 21. This bill would go further in making possession
(not just purchase) of tobacco or vaping products illegal for people
under age 21. The purpose of the bill is to curb smoking by adolescents
by allowing minors found in possession of tobacco products to be cited.
 
LEGISLATIVE HISTORY:
Senate
2019:S6826,Referred to Rules
2020:S6826,Referred to Health
2021:S1874,Referred to Health
2022:S1874,Referred to Health
2023: 52856, Referred to Health
2024: S2856, Referred to Health
Assembly
2019: No Assembly Same-As
2020: No Assembly Same-As
2021: A9879, Referred to Health
2022: A9879, Referred to Health
2023: No Assembly Same-As
2024: No Assembly Same-As
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law.