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PUBLIC HEALTH LAW CENTER ct Mftcttetl Namlina ScheW of Law Penalizing Underage Purchase, Use, and Possession and -the Use of a False Identification .June 2019 Prohibiting the attempted and actual possession, use, and purchase (PUP) of licensed products by underage persons or the use of a false ID to purchase tobacco products is a part of many ordinances around the country and Florida state law.' However, this model ordinance does not include penalties for underage PUP and only provides non -criminal, non -monetary penalties for the use of false IDs. At its core, a licensing ordinance is intended to regulate the behavior of licensees. Penalizing underage persons detracts from the focus of the licensing code and siphons enforcement resources away from the licensees to young consumers, many of whom are addicted to nicotine. It is important to note that, even if PUP provisions are not included in an ordinance, retailers have the authority to ask underage persons to leave the premises if they attempt to purchase products. There is no strong evidence to support an assertion that PUP penalties are effective in significantly reducing youth smoking. Historically, these laws were lobbied for by the commercial tobacco industry to punish youth users while the industry simultaneously targeted, and continues to target, youth to replace a dying consumer base and maintain profits in a dwindling market. Furthermore, many advocates are concerned that PUP penalties open the door to selective enforcement against youth from certain racial, ethnic, and socio-economic groups. Evidence suggests that youth of color are disproportionately over -represented in similar status -level offenses, increasing their interactions with law enforcement and resulting in their introduction to the criminal justice system. Finally, Florida law currently penalizes PUP and the use of false IDs and no further enforcement is needed at the local level. Some of these concerns may be alleviated by offering alternative non -criminal, nonmonetary penalties as suggested below in section 11(6)(3). For further reading on the history of PUP laws and the disproportionate enforcement of laws against youth of color and indigenous youth, please see Wakefield, M., & Giovino, G. (2003). Teen penalties for tobacco possession, use, and purchase: evidence and issues. Tobacco Control,12(suppl 1), 6-03. Section 10. Exceptions and Defenses. (A) Religious, Spiritual, or Cultural Ceremonies or Practices. Nothing in this ordinance prevents the provision of tobacco or tobacco -related devices to any person as part of an indigenous practice or a lawfully recognized religious, spiritual, or cultural ceremony or practice. 133 --