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Caught smoking under 18 – is it legal?

 
 
Linkat
 
Reply Tue 7 Nov, 2006 12:00 pm
The other day, my friend and I noticed a group of children - about 12 smoking in a very public area. I also remember our high school having a smoking area that students during lunch break could go outside and smoke in the designated areas.

In Massachusetts, by law, you must be 18 to buy cigarettes. But what about smoking them? Can minors smoke cigarettes legally even though they are not allowed to buy them? It doesn't make sense.
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blacksmithn
 
  1  
Reply Tue 7 Nov, 2006 12:21 pm
Some quick research appears to indicate that although it is illegal in MA to sell or give tobacco products to minors, it doesn't look like it's illegal for the minor to use them once he/she gets their hands on them.

I could be wrong, it was a brief search.
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Walter Hinteler
 
  1  
Reply Tue 7 Nov, 2006 12:56 pm
It does seem so. The only restrictions (besides the general ones) seem to be:

Quote:
Smoking is prohibited in any school, college, and university.

MASS. GEN. LAWS ch. 270, § 22 (2004).



Students in primary or secondary public schools in the Commonwealth are prohibited from using tobacco products of any type on school grounds during normal school hours.

MASS. GEN. LAWS ANN. ch. 71, § 2A (1987).



Quote:
Penalties for Sales to Minors

Whoever sells or gives tobacco in any form to a person under the age of 18 shall be punished by a fine of not less than $100 for the first offense, not less than $200 for a second offense, and not less than $300 for subsequent offenses. This does not apply to tobacco given by the parents or guardian of the child.

MASS. GEN. LAWS ch. 270, § 6 (1985).


Whoever sells cigarette rolling papers to any person under the age of 18 shall be punished by a fine of not less than $25 for the first offense, $50 for the second offense and $100 for subsequent offenses. No city, town, department, board or other political subdivision or agency of the commonwealth may impose any requirements, restrictions, or prohibitions pertaining to the sale of cigarette rolling papers, in addition to those in this section, notwithstanding any ordinance or regulation that was in effect before February 20, 1996.

MASS. GEN. LAWS ch. 270, § 6A (1995).

Penalties to Minors

None.
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shewolfnm
 
  1  
Reply Tue 7 Nov, 2006 01:01 pm
I think, once a child lights that cigarette, they are only responsible for the areas they are in . Meaning , just like all other smokers, they cant smoke inside, or in a working serving kitchen..etc

Though it does seem weird, that they cant BUY them, but can use them.

If you take alcohol for example, it is illegal for a person under the age of 21 to even posess it. Even if they are not drinking it, they can not have it.
If they are drunk, and under the age of 21, that too is illegal.

But cigarettes? Nah.. smoke away.. just dont buy them. Confused
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dyslexia
 
  1  
Reply Tue 7 Nov, 2006 01:05 pm
The message seems to be "If you are underage and smoke, don't buy them, steal them"
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Linkat
 
  1  
Reply Tue 7 Nov, 2006 01:18 pm
I found my former high school and saw that they changed this policy in 2002. When I was in high school you could smoke outside in certain designated areas - now it is prohibited from all school grounds.
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