‘Generational ban’ on cigarette sales may arrive in Nevada — with a big loophole
Nevada could permanently ban the sale of cigarettes to people born after Dec. 31, 2004 — except at some casinos — in a sweeping effort to cut down on future combustible tobacco use.
Assembly Bill 279’s restrictions on the sale of cigarettes to people turning 21 next year is what’s known as a “generational ban.” The bill’s sponsor, Assemblymember David Orentlicher, said the proposal is aimed at phasing out the sale of combustible tobacco products, which he said have the worst health effects.
The bill allows the continued sale of cigars, chewing tobacco and nicotine-based vape products to anyone age 21 or older.
Orentlicher, D-Las Vegas, said he was inspired to propose a generational ban on cigarettes by a law article that suggested banning the most dangerous version of a particular product — such as removing lead from lead paint or asbestos from wall insulation.
“There are these alternative ways to get nicotine that aren’t nearly as harmful,” Orentlicher, a UNLV law professor focused on health law, said in an interview. “We should ban the most harmful; and especially important about cigarettes is, not only are they the most harmful — but they’re different order (of) magnitude.”
Large casinos loophole
The bill would allow counties to establish penalties for ineligible young adults who buy or attempt to buy cigarettes, but it also includes a loophole: Cigarette sales to those born after Dec. 31, 2004, can continue at gaming establishments with a nonrestricted license.
Nonrestricted licenses most often refer to larger casinos, with more than 330 locations statewide. Restricted licenses cover businesses with no more than 15 machines, which can include taverns, convenience stores or small slot parlors.
Orentlicher said in an interview that the idea behind the exemption was to allow tourists to continue buying cigarettes, noting that it was “not ideal but not unusual.” Beverly Hills has a similar exemption for hotels in its tobacco sales ban that began in 2021, he said.
No other states have enacted a generational cigarette sales ban, though some communities have. The Massachusetts Supreme Judicial Court upheld a similar generational ban in Brookline, Massachusetts, in March 2024.
Some legislators during the bill’s April 1 hearing wondered whether the ban and exemption would drive people to casinos and other gaming spots just to buy cigarettes, potentially exposing them to other risks.
The presenters emphasized that the fewer places there are to purchase cigarettes, the less likely people are to smoke. They said also said AB 279 still allows vape products to be sold because adults should have access to the less harmful alternatives as a bridge to quitting cigarettes.
Jennifer Pearson, a public health professor at University of Nevada, Reno, said even if there are exempted locations, the state can still expect to see a decline in cigarette use in the targeted demographic.
“Data is really strong; the fewer places there are to buy cigarettes, the less people smoke,” Pearson said.
Opposition from several sides
The bill faced opposition from several sides during testimony. Multiple smoke shop owners expressed concern that the bill would limit revenue for small shops while larger casinos could still maintain that revenue. Others said it would create “two classes of adults” — some who are over 21 and cannot purchase and others who can.
All said that young people are smoking at all-time low levels. Only 1.4 percent of middle and high school students reported using cigarettes in 2024, according to a Centers for Disease Control and Prevention report. E-cigarette use was at 5.9 percent.
“Banning the sale of legal tobacco products sends a message that adults are incapable of making their own decisions,” Liz Lutz, representing Shortline Express Market, told lawmakers on the Assembly Revenue Committee. “It is not the government’s role to dictate what legal products adults can or cannot consume.”
And some tobacco-free advocates also stood opposed to the bill, including the Nevada Tobacco Control & Smoke-free Coalition. In an interview, board member Megan Boelter said the group does not support legislation that treats some tobacco products differently.
“If you’re looking at true tobacco comprehensive policy based on evidence-based strategies, it’s all products, all locations,” Boelter said, adding that younger people already buy more vape products than cigarettes. “We would not support an additional age restriction law that doesn’t incorporate those products.”
Contact McKenna Ross at mross@reviewjournal.com. Follow @mckenna_ross_ on X.
