Oxford Aldermen to Consider Ban on Possessing Vaping Products

By Alyssa Schnugg
News editor
alyssa.schnugg@hottytoddy.com

Oxford City Hall

The Oxford Board of Aldermen is considering a new city law that would make it illegal for anyone under 21 to possess e-cigarettes or vaping devices.

OPD Captain of Investigations Rusty Rasberry presented the proposed ordinance on Tuesday during the Board’s regular meeting.

The ordinance would make it illegal for anyone under 21 to “possess any electronic smoking devices or any electronic smoking pods, cartridges or liquid refills within city limits.”

The law also states that no student can possess the same materials on any school campus. Currently, if a student possesses vaping products, the student would only face disciplinary actions from the school administration. The proposed ordinance would also allow school resource officers to issue a legal citation.

In December, the US Food and Drug Administration raised the minimum age to buy tobacco products like cigarettes, electronic cigarettes, and vaping products from 18 to 21.

The proposed ordinance amendment also mandates that no business or individual shall sell, distribute, give or transfer electronic smoking devices to anyone under 21 years old.

Rasberry said OPD felt it best for the city to pass the ordinance to mirror the federal mandate since the state of Mississippi has not yet updated its laws.

“Due to some issues we’re seeing, especially among our younger ages, we felt like being more proactive,” Rasberry told the aldermen. “We felt like stepping up front and mirroring the federal law but also making the possession of it illegal would give us more enforcement options.”

The proposed ordinance also addresses fines that can be given to those who violate the new law. A first offense for possessing electronic smoking devices or the products to fill them is $25. A second offense is $75 and the third offense is $100. Any violation is also a misdemeanor charge.

If a person under 18 years of age is found guilty of the violation, the court may order the minor to perform up to three hours of community service, in addition to any other punishment imposed by the court.

“The fines are not significant,” Rasberry said. “We’re not looking at this a way to fine them but a way to discourage the behavior.”

Any person who owns, manages, operates or otherwise controls any area or business, that sells the products to someone under 21 can be charged with a misdemeanor and given a fine not to exceed $100 for the first violation. A second offense within the same year is a fine not to exceed $250 and a third offense would be $500.

Alderman John Morgan said he had some concerns about the proposed ordinance amendment and the possibility of an overabundance of tickets being issued to the University of Mississippi students.

“I’m for it, don’t get me wrong, but if we were a city that just had a high school it’s a no-brainer,” Morgan said. “But we got a university and I would just hate to see it where all of a sudden we’re just constantly fining these students for possessing this stuff.”

The Board of Aldermen will hold a public hearing on the proposed ordinance amendment during their Feb. 18 meeting at 5 p.m. at City Hall. A possible vote could follow the public hearing.