KUALA LUMPUR, Sept 30 – The government has decided to postpone implementation of a generational tobacco and vape ban to 2027, but the proposed prohibition will still begin with those born from 2007.
Sibuti MP Lukanisman Awang Sauni from Gabungan Parti Sarawak (GPS) told The Edge that this concession to the initially proposed 2025 implementation was made during the review by the parliamentary special select committee (PSSC) of the Control of Tobacco Product and Smoking Bill 2022, of which he is a member.
The Edge reported yesterday that anyone born from 2007 will not be able to legally purchase tobacco and vape products – throughout their lifetime – when they turn 20 in 2027.
It is unclear if the tobacco generational end game (GEG) for generations born from 2007 – if the proposed law will only come into effect in 2027 – means that this group can legally smoke or vape, or buy tobacco or vape products for two years after turning 18, the current legal smoking age, before the prohibition applies to them from age 20.
Lukanisman also reportedly said that the tobacco bill PSSC, which is chaired by Health Minister Khairy Jamaluddin, has agreed to drop provisions that penalise youths for possession and use of tobacco or vape products.
“Thus, there is no criminalisation of youths, but they would be liable to some kind of compound,” Lukanisman, who is also a member of the health, science and innovation PSSC, was quoted saying.
It is unclear if this means that the government has agreed to drop the entire Section 17 from the Control of Tobacco Product and Smoking Bill that prohibits smoking or vaping, the use of smoking or vaping devices, and possession of tobacco or vape products for anyone born from January 1, 2007.
In the first draft tabled in Parliament last July, contraventions to Section 17 are punishable on conviction with a maximum RM5,000 fine.
Lukanisman’s comments indicating that youths will still be liable to compounds indicate that smoking or vaping, or possession of tobacco or vape products, by the GEG group is still a criminal offence, as compounds of offences are simply lighter penalties offered in lieu of prosecution.
The SIbuti MP added that at the PSSC’s final meeting last Tuesday, the committee agreed to drop body searches of minors from the tobacco control bill.
“Azalina had expressed concerns about the scope of power for enforcement officers appointed by the minister under the draft Bill, such as body searches without a warrant [for GEG-related offences]. So we have pulled the proposed measure from the Bill,” Lukanisman said, referring to PSSC member and Pengerang MP Azalina Othman Said.
The government backbencher said he supported the tobacco bill.
“However, I will suggest in my debate later that the government should consider vaping as a harm reduction product, that is, existing smokers can continue to vape,” Lukanisman told The Edge.
“But for those born in or after 2007, they have to stop vaping after the Bill is introduced in 2027.”
Although Khairy previously said that he intends to table the tobacco bill in the upcoming parliamentary meeting scheduled from Monday, Dewan Rakyat Speaker Azhar Azizan Harun reportedly said he has yet to receive information from the health minister on whether the bill would be tabled for second reading next week.
“If the matter is finalised, maybe the minister who will bring the Bill will give a notice to the [Dewan Rakyat] secretary to list the Bill in the upcoming session. So far, I have not received any information,” Azhar, also known as Art Harun, was quoted telling reporters last Wednesday.