Let local governments set tobacco policies

Too many NM youths are in vaping’s grip; state’s lock on regulation should be repealed

While we remain rightfully focused on the COVID-19 pandemic, there is another dangerous outbreak that inflicts itself on our youth in New Mexico — e-cigarettes and traditional tobacco use. Despite this alarming trend, municipalities such as Albuquerque are prohibited by state law from adopting policies to address tobacco use by minors, including vaping, within our own communities.

Senate Bill 95, sponsored by Sen. Linda Lopez, D-Albuquerque, and House Bill 97, by Rep. Joanne Ferrary, D-Las Cruces, will allow cities and counties to be at the forefront of combating this challenge.

These proposals will allow local municipalities to establish common-sense guidelines that restrict the sale of e-cigarettes near schools, skate parks, community pools, local gyms and other areas where our children study and play. Local governments can also restrict e-cigarette or vaping advertisements aimed at our children under this legislation. This proposal does not allow local municipalities to shut down existing tobacco and e-cigarette stores or ban new tobacco stores in their communities.

This is a serious public health crisis, and the e-cigarette epidemic has spread to every high school and middle school in New Mexico. A New Mexico Department of Health survey in 2019 found 34% of high school students in New Mexico used e-cigarettes on at least one day in the past 30 days, higher than the national rate of 27.5%. The same survey conducted in 2017 found that rate to be at 24%. The 2019 survey also found that 8.9% of New Mexico high school students smoked cigarettes on at least one day in the past 30 days, higher than the national rate of 5.8%.

The current state law is woefully inadequate in addressing the e-cigarette epidemic among our youth as Big Tobacco, e-cigarette companies and their retailers are aggressively marketing to minors. Collectively, they have created a new generation of nicotine addicts, and they continue to do so unabated. These companies have caused enormous damage to the health of our youth that will be felt for years to come.

The Albuquerque City Council, supported by Mayor Tim Keller, unanimously approved M-20-4 this fall, urging the New

Mexico Legislature to repeal state control of tobacco regulations. Local governments are uniquely positioned to meet the needs of the people in their communities. Also, a majority of the Albuquerque metro area residents agree that their local leaders should be able to pass ordinances and policies that are proven to promote good health, well-being and equity.

A public opinion poll commissioned by the American Heart Association found approximately 70% of registered voters in the Albuquerque metro area support local control of tobacco policies. This recent poll was conducted by Research and Polling Inc. in Albuquerque.

Our community is not helpless in reversing this epidemic while Big Tobacco and its benefactors continue to block sensible public policy. Everyone should benefit from smart and effective public policies, but when the state blocks local governments, it can hurt communities most where the need is greatest. We encourage the leadership of the Legislature, state agencies and, most importantly, local governments to collectively tackle this crisis.

The city of Albuquerque strongly supports the efforts of Lopez and Ferrary to repeal exclusive state control of tobacco policies so we can address this epidemic in our communities. We urge our state lawmakers to pass these measures and Gov. Michelle Lujan Grisham to sign them into law.