Review-Journal LogoDonrey
Monday, Feburary 03, 1997

NOT JUST BLOWING SMOKE

An American Cancer Society official says Senate Bill 33
By Sean Whaley
Donrey Capital Bureau

      CARSON CITY -- An anti-smoking advocate is questioning whether a bill outlawing the possession of cigarettes by minors would help reduce the number of teen-agers who light up.
      Senate Bill 33 would declare that anyone under the age of 18 who possesses cigarettes, cigarette paper or other tobacco products is guilty of a delinquent act. The measure was introduced Jan. 27 by Sen. Ernie Adler, D-Carson City.
      It is currently illegal in Nevada for stores to sell tobacco or tobacco products to minors, but not for minors to use or possess the products.
      Attorney General Frankie Sue Del Papa has conducted a number of stings statewide to reinforce the message to store owners and clerks that cigarettes cannot be sold to minors, but kids lighting up near public schools can do so with impunity.
      Mandy Canales-Salazar, director of programs for the Las Vegas office of the American Cancer Society, said studies of such bans suggest they have no effect on teen smoking rates.
      "We need to ask ourselves whether we're putting a law in place to make a difference or putting a law in place because it looks good," she said.
      Such a measure would also take away the onus on tobacco retailers not to sell to minors and put it on the teens themselves, Canales-Salazar said.
      "It's really an adult's responsibility to make sure we don't sell tobacco products to minors," she said. "Why would we now put that responsibility on the minors?"
      Measures like SB33 could make it easier for lawmakers to avoid more controversial tobacco-related issues, Canales-Salazar said.
      But Adler said the main point of the bill is to send a message to minors that smoking is not permitted or condoned by the state.
      "What message does it send when Nevada, as a state, tolerates teen-age possession of tobacco," he said. "This is the basic issue."
      The sight of teen-agers congregated near their schools using unofficially designated smoking areas has angered many people, he said.
      "I don't want society to condone this," Adler said. "We have so many health problems in society because of smoking."
      Youths know they can legally smoke, and they dismiss any efforts by police or others to make them stop, he said.
      The bill is not intended as window dressing to appease anti-smoking groups without accomplishing anything, Adler said.
      Declaring a minor to be a delinquent has the same effect as a misdemeanor citation, he said. A minor cited by police would have to appear in juvenile court with his parents and take responsibility for his actions, he said.
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      Less than a mile away from the legislative halls, Justin, 15, and Mike, 14, were smoking a morning cigarette before heading off to junior high school.
      Justin, who didn't want to give his last name, said making the possession of cigarettes illegal might get him to try to quit.
      Mike, who also didn't want to give his last name, said he too might try to quit if smoking was illegal. He was aware that possession of tobacco by minors currently is legal.
      The boys were standing behind a fence out of sight of the school, however.
      A report issued in 1994 by a national group of attorneys general said underage customers purchase more than 500 million packs of cigarettes and 26 million containers of chewing tobacco every year.
      The report said that one out of six teen-agers in the U.S. are regular smokers.
      Morgan Baumgartner, a lobbyist for RJ Reynolds Tobacco, said the company will not oppose Adler's measure.
      Sam McMullen, a lobbyist representing Philip Morris, said the company has not yet taken a position on the bill.
      The 1995 Legislature passed a measure authorizing "stings" on merchants to reduce the instances of tobacco sales to minors. The state was mandated by the federal government to reduce such sales or face the loss of grant money.
      The original bill would have penalized teens who lied about their age in order to buy cigarettes, but the wording was changed by anti-tobacco advocates who wanted merchants held responsible for such sales.
      Anti-smoking advocates also criticized the final version of the bill for taking away the authority to conduct tobacco stings from local law enforcement and giving the power to the state.
      Del Papa said the 2,700 stings made by her office through contracts with local law enforcement were successful. When the crackdown began in 1995, cigarettes were sold to 63 percent of the minors trying to buy them. At the campaign's end, the rate was reduced to less than 30 percent.
      The fact that teens can smoke cigarettes without any consequences has been a criticism leveled by merchants who were subjected to the stings, she said.
      But Del Papa said the effects of Adler's bill must be weighed. Efforts to stop teens from smoking would further deplete the already limited resources of local law enforcement agencies, she said.
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