NOTICE OF HAWAII RAISING SMOKING AGE TO 21 EFFECTIVE 1 JANUARY 2016

Date Signed: 12/28/2015
MARADMINS Active Number: 649/15

R 280900Z DEC 15
MARADMIN 649/15
MSGID/GENADMIN/CMC WASHINGTON DC MRA MR//
SUBJ/NOTICE OF HAWAII RAISING SMOKING AGE TO 21 EFFECTIVE 1 JANUARY 2016//
POC/JENNIFER L. IDE/CIV/UNIT:MR/-/TEL: 703-784-3809/EMAIL: JENNIFER.IDE@USMC-MCCS.ORG//
GENTEXT/REMARKS/ 1.  Effective 1 Jan 16, Hawaii will raise the minimum age to purchase, possess, or consume tobacco products and for the sale or furnishing of tobacco products, including electronic smoking devices and smokeless tobacco, from 18 to 21 years of age.  Any person under 21 who, thereafter, purchases, possesses, or uses tobacco products is subject to fines or may be required to perform community service hours (fines not less than $10; not more than $50; community service not less than 48 hours; not more than 72 hours).  Any person who sells or furnishes a tobacco product to a person under 21  will be fined (not less than $500; not more than $2000).
2.  U.S. Marine Corps installations located in the state of Hawaii are subject to concurrent jurisdiction.  This means Hawaii’s criminal code applies aboard all federal installations.  Specifically excluded from this policy are ships' stores that reside on U.S. Naval vessels.  Accordingly, Hawaii state and local police have authority to enforce state laws aboard Marine Corps installations.
3.  I am directing, as a matter of policy, that all shore based retail sales activities aboard Marine Corps installations in Hawaii cease selling tobacco products, including smokeless tobacco and electronic smoking devices, effective on 1 Jan 2016, to anyone under the age of 21.
4.  Marine Corps and Navy personnel, dependents, family members, residents, and guests on Marine Corps installations and facilities will comply with all applicable laws, both state and federal.  This MARADMIN does not constitute a punitive order; however, U.S. Marines are expected to respect and comply with Hawaii’s new tobacco laws whenever and wherever applicable.  Personnel cited by state and local police for violations of Hawaii’s tobacco laws are subject to fines and community service imposed by the state.
5.  Local Commanders will enforce compliance of the law and disseminate the details of this rapidly approaching change to state law to military personnel and their families to ensure their knowledge and understanding of the law and its implications.  Additional HQMC guidance on administrative and military justice aspects related to non-compliance is forthcoming.  Commanders should consult their SJAs on enforcement issues.  Local commanders will also provide information on the new law to their civilian workforce.
6.  Tobacco cessation programs in the form of counseling and medications are available from military treatment facilities and branch health clinics for military members and beneficiaries.  Additionally, the DoD Quit Tobacco program encourages and promotes a tobacco free living campaign throughout Hawaii and the state of Hawaii has an active tobacco control program and several local resources including a state quit line.  The DoD Quit Tobacco program website address is www.ucanquit2.org.
7.  Release authorized by Lieutenant General M. A. Brilakis, Deputy Commandant for Manpower and Reserve Affairs.//