The Portland City Council will decide Monday whether to raise the legal age to buy tobacco products within the city limits from 18 to 21.

In April, the council voted unanimously to direct its Health and Human Services Committee to draft an ordinance that would increase the minimum age for all tobacco products, including cigarettes, chewing tobacco and electronic cigarettes. The proposed ordinance will go before the council Monday for a public hearing and vote.

Councilor David Brenerman, who serves on the health committee, said Sunday that the only letter of opposition the city has received was from a coalition of businesses that sell tobacco products. Other groups, including the American Lung Association, support the proposed change, he said.

The new ordinance could reduce sales at Portland businesses that sell tobacco and e-cigarettes. Those business owners have said that anyone old enough to sign up for the military, vote or buy a gun should have the freedom to choose whether to buy tobacco products.

But medical professionals and anti-tobacco advocates have argued that people who start smoking in their teenage years have a harder time quitting later in life. According to the U.S. surgeon general, nearly 90 percent of adult smokers started before they turned 18.

Portland city code defines tobacco products as “any form of tobacco, including but not limited to cigarettes, cigars, pipe tobacco, chewing tobacco or snuff, and any material or device used in the smoking, chewing or other form of tobacco consumption, including but not limited to cigarette papers, pipes, electronic cigarettes, electronic cigars, electronic pipes, and other similar products that rely on vaporization or aerosolization.”

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Asked Sunday whether the legal age for purchasing smoking-cessation products such as nicotine patches and gum also would be raised from 18 to 21, Brenerman said he did not think so, but that he planned to seek clarification on that issue from the city’s corporation counsel before Monday’s meeting.

“Nobody asked that in committee,” Brenerman said.

The proposed ordinance does not contain any grandfathering language, meaning that a 20-year-old who has been purchasing and using tobacco products in Portland for two years would no longer be able to buy them in the city until age 21.

The proposal wouldn’t change the minimum legal age to possess or use tobacco in Portland, which would remain 18. City officials have said the goal is to reduce the access that some teenagers have to highly addictive tobacco products, especially through friends and others who are 18 to 20 years old.

Portland, which was the first community in Maine to ban smoking in restaurants in 1998 and banned smoking in public parks in 2013, would be the first municipality in the state to raise the minimum age for tobacco sales. At least 135 communities across the U.S. already have done so, including Boston, New York City and Chicago.


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