NO LONGER 18 — In this Friday, Oct. 4, 2019 file photo, a man using an electronic cigarette exhales in Mayfield Heights, Ohio. With a new law enacted in December, anyone under 21 can no longer legally buy cigarettes, cigars or any other tobacco products in the U.S. It also applies to electronic cigarettes and vaping products that heat a liquid containing nicotine. -- Associated Press

WHEELING — Retailers can no longer sell tobacco products — including e-cigarettes — to anyone under the age of 21 as the result of an amendment tacked on to a federal spending bill recently passed by Congress.

West Virginia lawmakers in the Northern Panhandle say they support the raising of the minimum age for tobacco sales from 18 to 21, and believe any tax revenue lost will be made up through lower health care costs expected in the future.

The U.S. Food and Drug Administration makes the new rule clear through a message on its website. There had been some question as to when the new law would become effective, but according to the FDA it is now enforceable.

“On December 20, 2019, the president signed legislation to amend the Federal Food, Drug, and Cosmetic Act, and raise the federal minimum age of sale of tobacco products from 18 to 21 years,” the message states. “It is now illegal for a retailer to sell any tobacco product — including cigarettes, cigars and e-cigarettes — to anyone under 21. FDA will provide additional details on this issue as they become available.”

Employees at Sheetz, Gumby’s Beer and Cigarette World and Smoker Friendly’s, all in Wheeling, all said they had received no official notification of the change in law. Gumby’s employees, however, said they had received a letter from their corporate office saying the change would go into effect Jan. 1. Howard Gamble, administrator of the Wheeling-Ohio County Health Department, said Friday the health department had yet to receive any directive from the West Virginia Bureau of Public Health regarding the new smoking age.

“The new federal rule makes it illegal under federal law for any retailers to sell tobacco products, including vaping items, cigars and other e-cigarette items, to anyone under the age of 21,” Gamble said.

He said he assumes each state that does not already have such a rule will enact their own law raising the tobacco purchasing age to 21, following the new federal law. About 20 states already have similar rules, he added.

“From the readings that I have done, the newly signed legislation makes it illegal to sell any tobacco product to anyone under the age of 21 now. The FDA has some time to amend the federal Food, Drug and Cosmetic Act to bring the rule up to date,” Gamble said.

“The West Virginia Legislature will be in session shortly, and this may be on their agenda,” he said, adding, “It is our understanding that states could risk the loss of some federal health funding if the age is not increased.”

State Sen. William Ihlenfeld, D-Ohio, supported a measure this year passing the Senate that would have raised the minimum smoking age in West Virginia from 18 to 21. This bill, however, failed to make it out of committee in the House of Delegates.

“That was disappointing,” he said. “The bill wouldn’t have just addressed combustible tobacco, but e-cigarettes. E-cigarettes are readily available in high school, and even in middle school. … This is why I’m passionate about the issue because of the access young people have to e-cigarettes. The stories I’ve heard from students and administrators are that 18-year-olds purchase them then sell to those not old enough to purchase.

“If we raise the age to 21, it will not make it not impossible — but more difficult — for young people to gain access to nicotine. Once it grabs a hold of you, it might have you for the rest of your life. I would like to see us do more.”

Ihlenfeld said the loss of some tax revenue is a small price to pay to reduce health risks among the young.

“It’s not like we will lose all tax revenue,” he said. “We would lose a small portion, and we would get that back in the long-term as health care savings would make up for whatever was lost in revenue. But it’s not just about lower health care costs — it’s the right thing to do. The substance is incredibly addictive. The amount through just one Juul pod is dangerous.

“I understand why people bring up the revenue issue, but shouldn’t be funding the state to the detriment of young people. We would have a healthier population if fewer people became addicted at a lower age.”

Delegate Shawn Fluharty, D-Ohio, acknowledges the negative health effects of smoking are clearly proven.

“While I’m not a smoker, I’m also not a proponent of the government intruding on the individual decisions of grown adults who are capable of deciding for themselves,” he said. “We already regulate where smoking can take place from a public health standpoint. At minimum, I believe it should be a states rights issue.

“The impact on West Virginia remains to be seen. While it will immediately impact revenue numbers, the long-term impact of deterring cigarette usage may benefit our public health costs as a state down the road.”

Delegate Patrick McGeehan, R-Hancock, meanwhile, questions whether Congress truly does consider the health of young people when taking action.

“They’re hypocrites,” McGeehan said. “If the federal government truly cared about the health and well-being of teenagers, they would end the war in Afghanistan. There are kids now serving in that war who weren’t even born yet when it started.

“This by itself gives us a sense of just how backward their priorities typically are. They’re more than willing to let kids die in never-ending expensive foreign wars — just as long as they don’t smoke a cigarette while they’re doing it.”

In November, the Pennsylvania General Assembly passed their own law raising the minimum smoking age, but it exempted those between the ages of 18 and 21 actively serving in the military. The Pennsylvania law is set to go into effect July 1.