City looks at raising age to purchase tobacco to 21

The city of Healdsburg is considering a dramatic change to an ordinance that would make it illegal for anyone under the age of 21 to purchase cigarettes in the city limits.
Currently, across the state and most of the nation, anyone 18 and over can purchase and use tobacco products. But retired Healdsburg physician Dr. David Anderson requested that the city consider updating some of its policies to discourage smoking, particularly for anyone under age 21.
“There’s no question, I think we all know how bad smoking is,” Anderson told the council. “I have pointed out many times that if we knew the carcinogen that causes breast cancer, it would be banned immediately.”
While the city attorney informed the council that increasing the age to purchase tobacco products could open the city up to being sued and undergoing litigation, councilmembers said they’d be proud to be on the forefront of the health and safety issue.
“We are on the map for a lot of things — wine, tourism, restaurants — is this such a bad thing to be on the map for? It could be a good thing,” said councilmember Shaun McCaffery.
Vice Mayor Jim Wood agreed. Wood has been a dentist for 25 years and said he has seen first-hand the negative effects associated with tobacco use and thinks Healdsburg should be on the cutting edge of this change.
“There is so much medical cost and health problems related to smoking. I’m not asking for a ban, just to delay the time. Maybe if kids get a couple more years under their belt, maybe they’ll think differently. If we are going to be known for something, how about being known as a city that’s progressive about the health and safety of the community,” he said.
City attorney David Warner told the council that while he couldn’t determine the cost of any potential litigation, making a change like increasing the age to purchase tobacco had a greater likelihood of ending with a lawsuit because of the number of businesses it would effect.
When asked what that process would look like, he said, “It would be handled here in Sonoma County court, or if it was a federal case, in San Francisco. You would be required to defend it initially. You could change the ordinance, but the damage might have already occurred,” he said.
City councilmember Gary Plass said he was against raising the age to purchase tobacco to 21 for two reasons. First, he said, because of the liability it opens the city up to, but for other reasons as well.
“This country has pretty well decided that at 18 you can make up your own mind, You can be sent to war, you can enter into contracts, and buy property,” he said.
The rest of the council agreed that more information was needed to move forward, but was behind the idea in theory.
There have been two attempts at a statewide change to the smoking age in the past decade, but both failed.
The change the city is considering would only impact the sale of tobacco products. Even if the change is made, an 18-year-old could not purchase tobacco products in city limits, but could leave the city to purchase cigarettes, then come back and smoke them in city limits.
Mayor Susan Jones and councilmember Tom Chambers encouraged the council to get more information from the city attorney and city staff to see if any other cities in California have tried changing the age and what kinds of challenges they may have faced.
“I think there’s something to be said for taking a stand on this,” Chambers said. “Maybe we ask the city attorney to do more research and come back and this can get aired out a little bit.”