Breaking a habit

A 2002 national survey found that 12.3 percent of middle school students and 28.4 percent of high school students used tobacco in some form. If those rates hold for Missouri, it means hundreds of thousands of our students not only are imperiling their health, they are breaking the law.

You have to be 18 in Missouri to possess tobacco legally.

If many juveniles are ignoring the law, it might be due in part to the fact that hardly anyone is ever cited for breaking it. One reason, says state Rep. Scott Lipke of Jackson, is because the cases automatically go to adult criminal court, where judges don't have the same jurisdiction over juveniles that juvenile court judges have.

Gary Kamp, Cape Girardeau County associate circuit court judge, points out that juveniles who fail to appear in court run no risk of being arrested if they aren't yet 17 years old.

Because adult criminal courts are not set up to handle juvenile tobacco possession cases, many police officers who catch teens smoking or buying tobacco don't cite them.

Juveniles have no business smoking, but it's ironic that they're being sent to adult criminal court for smoking while they first would have to be certified as an adult if arrested for a felony.

Lipke has introduced a bill that would move cases of juvenile tobacco possession to juvenile court, where he contends they belong.

The fine for underage tobacco possession is only $5, but in juvenile court judges could require offenders to attend anti-smoking classes and to perform community service.

We also like the anti-smoking forces' newest weapon, Buttman, star of an ad campaign that aims to convince young smokers and potential smokers that puffing on a cigarette is a gross-out.

Buttman is a slovenly superhero who wheezes and can't pull off any heroics because he's so winded. One ad compares cigarette smoking to tasting a car tire or a trash-can lid.

According to one study, adolescents are highly susceptible to anti-smoking messages on TV. We hope so. Convincing teens that smoking and using snuff are vile and dangerous habits is difficult enough. We should make it easier for the courts to educate offenders as well.