What are the Different Types of Smoking Laws?

In general, smoking laws typically dictate either who is allowed to legally purchase and smoke products containing tobacco or where those products can be legally smoked. The “who” regarding smoking is often indicated by a specific age, which can be established either at a federal level for an entire country or at specific state or provincial levels. Similarly, the “where” of smoking can also be governed by federal laws, as in Germany and Canada, or by laws at a state level such as in the United States (US) and Australia. The smoking laws of a country or state can often be fairly hotly contested, and debate regarding the legitimacy of such laws is common.

Age is a fairly common deciding factor in smoking laws that indicate who can smoke legally. There is no global standard regarding the age required to legally purchase or smoke products containing tobacco, and in some regions there may be two different required ages for purchase and smoking. For example, in Japan smoking laws establish the age required to purchase and smoke tobacco as 20 years old, while in France it is only 16. In Ireland a person can legally smoke at 16 but must be 18 years of age to purchase tobacco, and laws in Sweden only indicate a legal age to purchase tobacco but sets no age for consumption.

Throughout the US, smoking laws indicate age requirements for purchasing and using tobacco based on individual states. The federal age for purchasing and smoking tobacco is generally considered to be 18, but states can allow smoking legally under 18 years of age, but will not receive emergency money from the Federal Emergency Management Agency (FEMA) if they do so. In some states it can be illegal to purchase tobacco if under 18, but legal to smoke it or legal only under supervision of a parent or guardian.

There are also many smoking laws dealing with where a person can legally smoke. As long as a person is of age, he or she can smoke anywhere that local, state, or federal laws indicate he or she may smoke. Many countries across the world have smoking bans in public places such as restaurants, bars, museums, retail stores, and workplaces. Certain states within countries may also have individual smoking laws regarding where someone can smoke.

In the US, for example, these laws are typically state laws and not federal laws and their enforcement may sometimes be questionable. While most antismoking organizations claim that smoking bans do not negatively impact business at bars or restaurants, many bar owners attest to the contrary and have begun seeking forms of exemption to smoking bans. Many smokers protest smoking bans as an infringement of individual liberties, and “smokeasies” have often been established as bars or restaurants that allow smoking even though it violates antismoking laws.