Posted on Mon, Aug. 21, 2006

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TAKING ON TOBACCO

Underage smoking law starts

Legislation won't curb habit, some teens say

By Jessica Foster

The Sun News

From now on, a pack of cigarettes will cost young people in South Carolina more than just a few dollars and the risk of lung cancer.

New state legislation that takes effect today makes it illegal for minors to even possess tobacco products, and violators could face a $25 fine, a smoking-cessation class or five hours of community service. Those who refuse the options would lose some driving privileges for 90 days.

Previous legislation only penalized those who provided tobacco products to anyone younger than 18. Now, minors are for the first time facing consequences under the Youth Access to Tobacco Use Prevention Act of 2006, which is drawing praise from local law enforcement, legislators and anti-smoking groups. But some Grand Strand teens say the penalties won't be a consideration when they're lighting up.

State Sen. Luke Rankin, R- Myrtle Beach, said he doesn't think minors always make informed decisions when it comes to smoking, and they might not appreciate the harmful effects.

"If you're going to elect to use it, you need to be of the age of consent," said Rankin, who supported the law when it passed in early 2006. "When they turn 18, though, it's up to them."

N.C. law penalizes people who provide tobacco to minors, but there is no consequence for minors who possess tobacco.

But in Myrtle Beach, police have received training on the law, which Capt. David Knipes said won't be time-consuming to enforce.

"Either you're going to see someone who's obviously under the age of 18 who's smoking, or it may happen during the course of the police officer's business," Knipes said. "You can't detain them, can't bring them to jail, all you can do is basically write them a ticket for violating that law."

Those who provide minors with tobacco will be fined between $100 and $200 for a first offense, or can complete an education program on merchant tobacco-enforcement.

Knipes said he hopes the law will dissuade young people from starting to smoke in the first place.

But some teens on the Grand Strand don't think the law will have an effect on their choices.

"Unfortunately, I do smoke, and it's a habit I wish I could get rid of," said 15-year-old Sherri Shamah of Myrtle Beach.

Cigarettes are not hard for teenagers to get their hands on, Shamah said, and she doesn't think the new law will change that.

"I think [teens] will just do it anyways," said Shamah, whose friends initially offered her cigarettes. "I don't really think it's going to stop us from smoking."

Smoking rates among young people in South Carolina decreased from 1999 to 2005 but are still above the national average, said Mary-Kathryn Craft with the S.C. Department of Health and Environmental Control.

A quarter of S.C. high schoolers smoke, according to a 2005 survey by DHEC's Division of Tobacco Prevention and Control. Nationally, 22.3 percent of high schoolers smoked in 2004.

Smokers are starting younger, Craft said. About 11 percent of S.C. middle school students smoke, according to the DHEC survey.

Dono Clemons, owner of The Tobacco Barn in Loris, said the law shouldn't affect his business.

At The Tobacco Barn, workers ask for identification from anyone who looks younger than 27, Clemons said.

Larry White, director of the Breathe Tobacco Prevention Coalition in Conway, said prevention is the best way to decrease the number of young smokers. The new law could do that if it's properly enforced, he said.

"We are very excited about this new law," White said. "It's a good first step."