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Committee flags overlap with tobacco bill as members debate minimum age and restorative options
Summary
Committee members noted that section 3 of the Judiciary bill sets a minimum age of 12 for an underage possession offense but that S198 (a separate tobacco bill) makes substantive changes to the same statutory section; members recommended resolving the overlap in the tobacco bill and asked staff to explore treating tobacco offenses through youth substance programs.
Committee members discussed section 3 of the miscellaneous Judiciary bill, which would set a minimum age of 12 for certain underage-possession offenses. Staff warned the committee that the same statutory section (7 VSA 1005) is being amended in S198, a separate tobacco bill in Human Services, and that S198 appears to make substantive changes including removing possession as an offense and increasing civil penalties for use of a fake-ID device.
A committee member said the tobacco bill could be the appropriate vehicle for substantive policy decisions and recommended striking the overlapping section from the Judiciary bill if the tobacco bill will carry the policy changes. That member also suggested the committee consider expanding existing youth substance programs so tobacco offenses could be handled through treatment and restorative-program structures rather than strictly civil penalties.
“There's a way we can figure it out,” the committee member said, and asked staff to coordinate with House and Human Services chairs and with the legislator handling S198, identified in discussion as the sponsor handling the tobacco language. Committee members asked staff to bring proposed language if they want to incorporate treatment options in this bill or to defer to S198 if that bill will be the vehicle for the change.
The committee did not take final action and left the section under advisement pending coordination with the House and Human Services committee and potential drafting of restorative or treatment-oriented language.
