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Smoking Age California Increase Now Federal Policy: What It Means for ID Checks

Updated: June 2025

The We Card Under 21 No Tobacco logo

In 2016, California became the second state in the U.S. to raise the minimum age to purchase tobacco products from 18 to 21—a move that helped spark a nationwide shift. Three years later, the federal government passed legislation to raise the minimum smoking age to 21 nationwide.

Today, regardless of what state you're in, it's illegal to sell tobacco products to anyone under 21. Retailers are now responsible for enforcing these age restrictions. That means checking every customer's ID, every time, and recognizing what valid forms of ID look like. It's not just best practice—it's the law.

From 18 to 21: A Turning Point for Tobacco Laws

When the California law went into effect, it marked a major step in changing how the country approached tobacco regulation. At the time, the smoking age in most states was 18. However, research from the Institute of Medicine has shown that raising the legal age to 21 could significantly reduce addiction among young adults. Most smokers start between the ages of 18 and 21. Cut off access during those years, and fewer people become lifelong users.

The law, passed in 2016, didn't just target cigarettes. It also applied to:

Military Exception: No Longer in Effect

Originally, California's law included a military exemption, allowing active-duty service members to continue purchasing tobacco at age 18 with a valid military ID. However, that exemption was later repealed to align with the updated federal law, which does not include any exceptions based on military status. Today, even military personnel must be 21 to legally purchase tobacco products.

What Retailers and ID Checkers Need to Know

Even though this law isn't new, its impact is ongoing—especially when it comes to ID verification. Many young people still attempt to purchase tobacco using borrowed or fake IDs, and it's up to retailers to catch those attempts before a sale is made.

That's why tools like the I.D. Checking Guide remain critical. It helps employees recognize what acceptable forms of ID look like, including key attributes such as:

Smoking Age California FAQs

1. Can you still buy tobacco at 18 in California?
No. California raised the smoking age to 21 back in 2016. That means if you're under 21, you can't legally buy cigarettes, vapes, dip, or any other tobacco product—even if you could before the law changed.

2. What kinds of tobacco products are included in the law?
Pretty much everything. The law covers cigarettes, cigars, chewing tobacco, hookah tobacco, vape pens, e-cigarettes, and even things like rolling papers and pipes. If it's used to smoke or inhale nicotine, it falls under the law.

3. What about people in the military—can they still buy tobacco at 18?
Not anymore. California originally had a military exception, but that's gone now. Federal law raised the smoking age to 21 nationwide, and there are no exceptions—not even for active-duty military members.

4. What do I need to show to prove I'm 21?
You'll need a valid, government-issued photo ID—like a driver's license or state ID card. Retailers are required by law to check your ID before selling any tobacco products, no matter how old you look.

5. I work at a store that sells tobacco—how do I know if an ID is real?
Fake IDs can be tricky, which is why tools like the I.D. Checking Guide are so useful. It shows you what real IDs should look like, including security features like holograms and UV designs, so you can spot a fake before making a sale.

California's law raising the age for tobacco from 18 to 21 wasn't just a local policy shift—it was a national turning point. Today, it's part of a broader public health effort to reduce tobacco use, prevent addiction, and limit the influence of the tobacco industry on young people.

For retailers and anyone checking IDs, this law is a reminder that ID verification is serious business. Make sure you're using trusted tools like the I.D. Checking Guide to spot fakes, confirm acceptable forms of ID, and follow both state and federal law.