At last week’s Monday Night Forum, the Prime Minister announced the Government’s intention to raise the legal age for the consumption of alcohol and use of marijuana to 21 and 25. Since this announcement, the print media has carried countless stories, editorials and opinions arguing the pros and cons of such an approach.
While I do understand the position of several persons that raising the age limit for the consumption of alcohol without considering the age limit in other areas seems unreasonable, I do support the Government’s intention to raise the limit from 18. I do have one suggestion though.
Much debate and consideration have been given to the use of alcohol and marijuana. I read with interest Dr Varma Deyalsingh’s article last week entitled “Youth protection and substance use,” whereby he supported the increase in age requirement.
Dr Deyalsingh, in supporting this position, noted that when substances are used by persons who are not yet 25, that “Introducing psychoactive substances like alcohol and marijuana during this critical window impairs neurodevelopment, increases susceptibility to addiction, and permanently alters life trajectories.’” This is an important factor to consider. I have noted, however, that the discussions have kept themselves centred around the age requirement only for alcohol and marijuana.
Our Government, in further discussing and considering legislation and/or amendments to existing legislation, should also consider increasing the age limit for the use of tobacco products and further, the introduction of legislation for vaping, together with an age requirement that mirrors that of alcohol and marijuana use.
The American Cancer Society has stated that tobacco use continues to be one of the leading preventable causes of disease and death in the United States.
Smoking does not only cause cancer, but can cause a number of diseases and can damage nearly every organ in the body. Smoking can cause damage to the heart, lungs, mouth, skin etc, and studies have indicated that the second-hand smoke also poses health concerns.
Nicotine, which is used in tobacco products and vaping, is highly addictive. Imagine the effect this will have on 18-year-olds who are still developing and have found themselves addicted to such products.
While we have the benefit of the Tobacco Control Act 2009, which outlines the manufacturing of tobacco products, the sale, the licence needed and the restrictions placed on marketing and advertising, this act allows access starting at the age of 18. The Tobacco Control Act became necessary to ensure that children did not have access to such products; it was also a means of enhancing the public’s awareness of the hazards of tobacco so that more informed decisions on its use could be made.
Despite health warnings on tobacco products, the tobacco industry still appears to be a thriving one. At the age of 18, young persons are more persuaded towards influence by friends and are more willing to experiment. This experimental stage can result in developing an addiction to these products.
Tobacco products still have the benefit of legislation. Vaping products are still within the range of no-man’s land. We have no legislation or regulation directing its sale and usage.
In its initial stages, it was believed that vaping had less harmful effects than its tobacco counterparts. Research now is showing that ingredients used for vaping may contain harmful chemicals. There has also been research linking vaping to lung and heart disease. It has been noted that some of the flavours used in vaping apparatuses do not have the benefit of FDA approvals and are still finding their way into the markets. Persons in the public domain treat vaping as separate and apart from smoking cigarettes.
Section 12 of the Tobacco Control Act states as follows-:
12. (1) No person shall smoke or hold a lighted tobacco product in any enclosed public place, enclosed workplace, or public conveyance including but not limited to any place listed in the Second Schedule.
This wording of this section would not have considered vaping at the time of its assent and the description of which specifies “shall smoke or hold a lighted tobacco product”, does not capture the use of a vaping apparatus. Owing to there being no restrictions, persons can be seen vaping almost anywhere. There are young people who openly vape in our malls, in stores or business places, and as such, unwillingly subject other persons to their use of the various vaping products.
Other countries are ahead of us in considering vaping. Australia has banned the use of vaping, unless, a prescription can be presented. This was done to stem the increase of children using the product. There are several states within the United States that have elected to ban vaping, while others have passed legislation to restrict its use.
The United Kingdom has also voiced their concerns about the increase in children vaping in their schools and have now assented to their own legislation to govern same.
As our Government is now in the process of reconsidering the use, access and age restrictions for alcohol and marijuana, we should also consider the introduction of legislation regulating vaping.
Similar to the Tobacco Control Act, there should be age restrictions, sales and marketing restrictions, together with publication of health risks. Further, the vaping sector and products being imported for sale should be restricted to products whose chemical components are known and approved. It is time we address vaping.
Pavitra Ramharack is head of chambers at Pavitra Ramharack Attorneys at Law and can be reached at ramharack_pavitra@outlook.com
