DON'T TURN YOUNG SMOKERS INTO CRIMINALS

In view of all the findings over the past four decades concerning the health hazards of smoking, few would argue anymore that smoking won't hurt you.

So great are the hazards that the federal government has made it illegal to sell tobacco to anyone under the age of 18. Smoking is banned in most public buildings and businesses to protect nonsmokers from the dangers of secondhand smoke. And courts all across the land are awarding billions of dollars for smoking-related damages.

The latest effort to protect people from smoking's hazards is aimed at those under 18 and is taking place in Jefferson City. State Rep. Kate Hollingsworth, D-Imperial, and other lawmakers have proposed legislation that would make it illegal for any Missourian under the age of 18 to smoke or even possess a pack of cigarettes.

Under the legislation, police would be given the authority to cite youths who violate the law. The first violation would be considered an infraction, which would carry a relatively small fine and no jail time, but offenders could be required to take smoking-cessation classes. The second time, offending minors could be ordered to perform community service. Initially, the legislation would have made it a misdemeanor offense for minors caught three or more times with tobacco, but the House voted 84-63 to make repeat offenses infractions punishable by community service.

Few would honestly condone the use of tobacco by youngsters, knowing its addictive components and health hazards, but this measure goes too far in trying to combat minors taking up the habit.

Hollingsworth said the law is necessary because "we have children very young out there smoking, and there isn't anything law enforcement can do." The fact is, law enforcement need not be strapped with the responsibility of enforcing what would amount to an illegal-possession law much like underage-possession-of-alcohol laws but without severe punishments.

What is a policeman to do? He would have two choices should he see a kid smoking on the street: He could either cite him or overlook it. Underage smoking wouldn't be considered a very serious offense, and most cases probably would be overlooked. Police might use the law to hassle youths they believe to be troublemakers. Both of those scenarios are selective law enforcement in its purist form.

Unlike the underage drinker who might drive under the influence or become dangerous because of his consumption of mind-altering alcohol and hurt someone, the young smoker is hurting no one but himself.

Police can't be expected to enforce this proposed law. The task of discouraging youngsters from smoking can best be left up to parents. The Missouri General Assembly should realize that.