Understanding Tobacco Laws in Oklahoma

If you live, work or own a business in Oklahoma, understanding tobacco laws is essential, especially in an era of misinformation. These regulations affect everything from where smoking is permitted to who can buy cigarettes and the penalties for violations. Here’s a breakdown of current tobacco laws in Oklahoma.

Age Restrictions: It’s 21 Everywhere

On December 20, 2019, Congress passed a bipartisan spending bill that raised the national age for purchasing any tobacco product, including vaping devices, from 18 to 21. This is referred to as Tobacco 21. This change made it unlawful for anyone under 21 years of age to purchase or receive a tobacco product, a huge win against Big Tobacco.

For retailers, the rules are clear: You must check ID for anyone who appears under 30, and it is unlawful for any retailer to sell a tobacco product to any person younger than 21 years of age. No exceptions, no military exemptions; the law applies to everyone.

Where Smoking Is (and Isn’t) Allowed

Unfortunately, Oklahoma is one of the only states without 100% smoke-free policies.¹ Right now, it’s still legal to smoke in hotels, bars and in-home daycares when children aren’t present.

Exposure to secondhand smoke continues to be a serious health problem. Without stricter tobacco laws in Oklahoma, this problem will only continue to grow.

24/7 Tobacco-Free Schools

In Oklahoma, the state law known as the 24/7 Tobacco-Free Schools Act became effective in 2015. Now, the law requires K-12 schools to be tobacco free 24 hours a day, 7 days a week. 24/7 Tobacco-Free Schools prohibits the use of tobacco in any form, by anyone, at any place and at any time while on school grounds. This tobacco law also extends to school-sponsored or school-sanctioned events. All sporting events, pep rallies, clubs and fundraisers must strictly follow the outlined rules.

24/7 Tobacco-Free Schools spans statewide, but it is up to each school district to modify school policies to meet the standard. Read the complete text here.

Big Tobacco’s Court-Ordered Admissions

Oklahoma’s tobacco laws exist within the broader context of Big Tobacco’s long history of deception. In 2006, the US District Court for the District of Columbia ruled that tobacco companies were guilty of breaking civil racketeering laws, marketing to children and minority populations and lying to the public about the dangers of smoking.

As a result of this landmark ruling, nearly 200,000 tobacco retailers nationwide displayed court-ordered corrective statements admitting the industry’s guilt. These admissions covered health effects, addiction, deceptive “light” and “low tar” products, product manipulation and secondhand smoke dangers.

However, now these corrective statements can legally be removed. It’s time for additional federal or state-level tobacco laws to fill their space and speak into the dangers of tobacco use.

Understanding Oklahoma’s Tobacco Laws: What Needs To Change

Ending Preemption

Preemption prevents local communities from passing ordinances and policies that are stricter than state law. In Oklahoma, local governments are preempted from enacting strict tobacco control laws in two critical areas:

• Smoking in workplaces and public places: Preemption prevents communities from enforcing smoke-free laws in bars and hotels.
• Tobacco advertising: Preemption prohibits towns and communities from enacting laws against tobacco ads. These ads naturally and regularly expose minors to tobacco ads and normalize exposure.

Banning Menthol and Flavored Tobacco

Flavored tobacco, vaping products and menthol cigarettes have grown increasingly popular with kids. Why? Because they seem less dangerous and more enticing.

While federal tobacco laws have cracked down on cigarette flavors, other tobacco products like little cigars, hookah, smokeless tobacco and vapes aren’t equally regulated. Menthol is also exempt from most policies even though it is likely to cause addiction.

Other states have spoken out about the dangers of tobacco. It’s time for Oklahoma tobacco laws to follow suit.²

Protecting Kids in Cars

One critical gap in Oklahoma’s current tobacco laws is the lack of protection for children in cars. Unlike some states that have passed laws prohibiting smoking in cars when minors are present, Oklahoma has not adopted that same protection despite overwhelming support.³

When adults smoke in enclosed vehicles with children, the concentration of secondhand smoke can be extremely high. This exposure puts children at increased risk for respiratory infections, asthma attacks and other serious health problems.⁴ It’s time for Oklahoma’s tobacco laws to align with the state’s wants and needs.

Moving Forward

Oklahoma’s tobacco laws exist to protect public health and create healthier tobacco-free community environments across the state. However, we have a long way to go. If you’re ready to make changes at the state or local level, review current tobacco laws and policies, and find more ways you can get involved to spark change.