​NOTICE OF HAWAII RAISING SMOKING AGE TO 21 EFFECTIVE 1 JAN 16

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R 281627Z DEC 15
FM CNO WASHINGTON DC
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INFO HQ USPACOM
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NAVADMIN 298/15

MSGID/NAVADMIN/CNO WASHINGTON DC/DNS/DEC//

SUBJ/NOTICE OF HAWAII RAISING SMOKING AGE TO 21 EFFECTIVE 1 JAN 16//



REF/A/SECTION 321-A, HAWAII REVISED STATUTES//
REF/B/SECTION 321-B, HAWAII REVISED STATUTES//
REF/C/SECTION 321-C, HAWAII REVISED STATUTES//
REF/D/SECTION 709-908, HAWAII REVISED STATUTES//

RMKS/1. EFFECTIVE 1 JAN 16, HAWAII WILL AMEND REFS A THROUGH D TO RAISE THE 
MINIMUM AGE TO PURCHASE, POSSESS, OR CONSUME, AND FOR THE SALE OR FURNISHING 
OF TOBACCO PRODUCTS, INCLUDING ELECTRONIC SMOKING DEVICES AND SMOKELESS 
TOBACCO, FROM 18 TO 21 YEARS OF AGE. SPECIFICALLY, THE HAWAII REVISED 
STATUTES :  1) PROHIBIT THE POSSESSION OR CONSUMPTION OF A TOBACCO PRODUCT BY 
PERSONS UNDER 21 IN A PUBLIC PLACE; 2) ESTABLISH THAT ANY PERSON UNDER 21 WHO 
VIOLATES THE LAW SHALL BE FINED OR BE REQUIRED TO PERFORM COMMUNITY SERVICE 
HOURS (MONETARY FINES OF $10-$50; SERVICE HOURS OF NOT LESS THAN 48 AND NO 
MORE THAN 72); 3) MAKE IT UNLAWFUL TO SELL OR FURNISH A TOBACCO PRODUCT TO A 
PERSON UNDER 21; 4) MAKE IT UNLAWFUL FOR A PERSON UNDER 21 TO PURCHASE A 
TOBACCO PRODUCT; AND 5) IMPOSE LARGER FINES (MONETARY FINES OF $500-$2000) ON 
ANY PERSON WHO SELLS OR FURNISHES A TOBACCO PRODUCT TO A PERSON UNDER 21.

2. VIRTUALLY ALL OF U.S. NAVY-OWNED OR CONTROLLED REAL PROPERTY LOCATED IN 
THE STATE OF HAWAII IS SUBJECT TO CONCURRENT JURISDICTION. AS A CONSEQUENCE, 
HAWAII STATE LAW, CIVIL AND CRIMINAL STATUTES, APPLY ON JOINT BASE PEARL 
HARBOR-HICKAM (JBPHH), PACIFIC MISSILE RANGE FACILITY (PMRF), AND OTHER NAVY-
OWNED OR CONTROLLED REAL PROPERTY IN HAWAII.  NAVY PERSONNEL, DEPENDENTS, 
FAMILY MEMBERS, RESIDENTS, AND GUESTS ON NAVY INSTALLATIONS AND FACILITIES 
ARE ALREADY EXPECTED TO COMPLY WITH ALL APPLICABLE STATE AND FEDERAL LAWS.   
HAWAII STATE AND LOCAL POLICE HAVE AUTHORITY TO ENFORCE STATE LAW IN AREAS OF 
CONCURRENT JURISDICTION.

3. NAVY MILITARY PERSONNEL, WHETHER ON-DUTY OR OFF-DUTY, SHALL RESPECT AND 
COMPLY WITH HAWAIIS NEW TOBACCO LAWS.  PERSONNEL CITED BY STATE AND LOCAL 
POLICE FOR VIOLATIONS OF HAWAIIS NEW TOBACCO LAWS ARE SUBJECT TO FINES AND 
COMMUNITY SERVICE AS SPECIFIED IN THE NEW LAWS.  COMMANDS IN HAWAII WILL USE 
APPROPRIATE ADMINISTRATIVE MEASURES TO DISSEMINATE THIS INFORMATION AND 
PROMOTE COMPLIANCE. WITH RESPECT TO NAVY CIVILIAN EMPLOYEES, THIS MESSAGE IS 
ONLY INTENDED TO INFORM THEM OF HAWAIIS NEW TOBACCO LAWS.

4. THIS HAWAII STATE LAW WILL NOT BE APPLIED TO U.S. NAVAL VESSELS, OR U.S. 
NAVAL PERSONNEL WHILE ONBOARD, ON THE BASIS OF SOVEREIGN IMMUNITY.  THIS IS 
AN AREA OF EXCLUSIVE FEDERAL JURISDICTION.

5. IN ANTICIPATION THAT MANY NAVY PERSONNEL MAY USE THIS AS AN OPPORTUNITY TO 
QUIT TOBACCO USE, MILITARY TREATMENT FACILITIES AND BRANCH HEALTH CLINICS ARE 
STANDING BY TO PROVIDE COUNSELING AND TOBACCO CESSATION TREATMENT FOR 
MILITARY MEMBERS AND BENEFICIARIES. SHIPBOARD MEDICAL DEPARTMENTS CAN PROVIDE 
SERVICES TO ACTIVE DUTY ASSIGNED CREW.  CIVILIANS ARE ENCOURAGED TO SEEK OUT 
TOBACCO CESSATION PROGRAMS OFFERED UNDER THEIR FEDERAL HEALTH BENEFITS PLAN. 
ADDITIONALLY, MULTIPLE FEDERAL, STATE AND NON-PROFIT RESOURCES ARE AVAILABLE 
TO ALL.  THE DOD QUIT TOBACCO PROGRAM ENCOURAGES AND PROMOTES A TOBACCO FREE 
LIVING CAMPAIGN.  THE STATE OF HAWAII HAS AN ACTIVE TOBACCO CONTROL PROGRAM 
AND SEVERAL LOCAL RESOURCES INCLUDING A STATE QUIT LINE.

6. AS A MATTER OF POLICY, I DIRECT ALL SHORE BASED NAVY EXCHANGE SALES 
ACTIVITIES IN HAWAII TO CEASE SELLING TOBACCO PRODUCTS, INCLUDING SMOKELESS 
TOBACCO AND E-CIGARETTES, EFFECTIVE ON 1 JAN 2016, TO ANYONE UNDER THE AGE OF 
21.  AS DESCRIBED IN PARAGRAPH 4, SHIP BASED SALES ON U.S. NAVAL VESSELS ARE 
SPECIFICALLY EXCLUDED FROM THIS POLICY.  SALE OF THESE PRODUCTS AT DECA AND 
AAFES FACILITIES DOES NOT RELIEVE PERSONNEL FROM COMPLYING WITH HAWAII STATE 
LAW AS OUTLINED ABOVE.

7.  RELEASED BY VICE ADMIRAL R. L. THOMAS, DIRECTOR NAVY STAFF.//

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