Wider tobacco ban gets House nod

Legislation raising the age of prohibition against purchase and use of cigarettes from 18 to 21 years old in the CNMI narrowly passed the House of Representatives yesterday after lawmakers weighed the issue as a matter of individual rights or public interest.

Opponents of House Bill 11-509 offered by Rep. Malua T. Peter said enacting such legislation is tantamount to infringing into individual freedom as 18 years is considered a legal age to decide for own self.

Noting it is the same age where one can be drafted in the military as well as exercise political rights, they argued banning those below 21 years old are denying them their rights to choose.

“We are setting a precedence in pushing the envelope up for individual rights,” said Rep. Heinz S. Hofschneider, who was one of four representatives who voted against the measure.

He stressed the proposal does not have statistics and evidence to back up the claims that this will be for the benefit of the entire community.

“The key here is enforcement [of the laws], not bumping to 21 years old,” added the representative.

Rep. David M. Apatang echoed his concern that authorities are not carrying out the tasks as stipulated under a recent law that forbids minors below 18 years old from buying and smoking cigarettes.

“If you’re 18, you’re considered an adult. Let that individual decide what he can do to his life,” he said at the session. “We just passed a tobacco law… Let those people responsible enforce it.”

Mr. Apatang argued it is more harmful for a five-year-old kid to chew betel nut than for those who are of age to smoke.

Poor enforcement

But Ms. Peter defended her proposal as she slammed what she called “poor enforcement” by local agencies in monitoring compliance with the Tobacco Act implemented by the government last March.

Both the Department of Public Safety and the Department of Commerce have been tasked to apprehend violators as the ban carries fines of up to $1,000 and revocation of business license.

Under HB 11-509, there will be amendments to the law to tighten penalty against those below 21 years old in violation of its provisions with fines of up to $2,000, a one-year imprisonment or community service of not more than 350 hours.

“The future of the Commonwealth must be protected from such dangerous habits. The purpose of this act is to [raise] the age in the end result to dramatically decrease unhealthy lifestyles by our youth population,” it stated.

Penalties and fines for illegal sales of tobacco will also be increased, from a mere $1,000 fine for first offense to not less than one year revocation of business license by the establishments, such as retail stores and vending machines.

Proponents of the legislation said it would help curb the growing incidence of use of tobacco products by youths in the CNMI which has continued to rise despite the ban.

“I don’t think it’s a constitutional issue, I support the bill and benefits it will have to the general public,” said Rep. Manuel A. Tenorio.

Narrow vote

Eight members of the 18-seat House voted in favor of the bill, including Mr. Tenorio, Ms. Peter, Speaker Diego T. Benavente, Representatives Oscar M. Babauta, Melvin O. Faisao, Dino Jones, Karl T. Reyes and Ana S. Teregeyo.

Those against it were Mr. Hofschneider, Mr. Apatang, Rep. Frank G. Cepeda and Vice Speaker Jesus T. Attao. The bill now heads to the Senate for action.

There are no government estimates how widespread is the tobacco use by minors in the Northern Marianas. A study conducted by the Institute of Medicine says 16 million packs of cigarettes are consumed by minors in the United States every year and half of those are illegally sold to underage persons.

The Department of Public Health has strongly lobbied for the approval of a wider ban on tobacco use by minors due to increasing number of youths smoking cigarettes in school premises.