Oregon Leading the Nation in Selling Tobacco to Kids

"We need to do regular inspections and more volume of inspections," said Karen Wheeler , an Oregon Health Authority addictions administrator, "which will be happening."

But inspections alone might not solve the problem. Federal reports show the high violation rates predate budget cuts. In 2008, Oregon's 18.8 percent violation rate led the nation.

And while the OSP inspections resumed in 2012, they didn't make an immediate dent in the violation rate, which increased to 22.5 percent. At 23 percent, the federal government could withdraw 40 percent of its substance abuse treatment funding, or about $7 million.

The state could do more to improve, say advocates and state and federal officials.

•     No licensing: Oregon is one of only 13 states that does not require tobacco retailers to get a special license, which helps ensure tobacco sellers get special scrutiny.
•     Poor retailer list: Youth tobacco sales may well be higher than reported. Oregon's list of outlets subject to decoy stings last year was only 75 percent accurate, one of the worst marks in the nation, says anti-smoking coordinator Marsiglia Gray. State officials say it's improving.
•     Few inspections: The state doesn't use decoys to test all tobacco retailers the state knows about, only a sampling. In Minnesota, stings are conducted on every retailer at least once a year.
•     Weak penalties: Oregon's penalty for violating the youth tobacco sales law starts at $100, comparable to other states, according to a survey by the American Lung Association. State officials say typically the fine averages $450. However, the sales clerk is fined, not the store as in some other states. Oregon also doesn't mandate stiffer penalties for repeat offenders as many states do. Repeat offenders in Washington state can lose a tobacco sales license permanently.     
•    Federal funds: Oregon is one of only nine states that hasn't tapped federal funds to support youth tobacco enforcement, though the Legislature last year approved applying, and officials say they are discussing it. Since the program began in 2010, more than $91 million has been awarded. Washington state, for example, has received $3.1 million.

Oregon officials downplay the significance of the report, saying most kids don't get their tobacco from cigarette stores. According to a 2011 state survey, 16.1 percent of 11th graders reported using tobacco in the previous 30 days, and one-third of them purchased it from a store. Most obtained it from friends.

Officials also defend the effectiveness of the state's youth tobacco prevention program, and say youth smoking rates in Oregon, like the rest of the country, continue to go down.

Oregon's 11th grader smoking rate, in which 12 percent of students surveyed reported using tobacco in the previous 30 days, is well below the national average of 19 percent, says Dr. Bruce Gutelius of the Oregon Public Health Division. Among 8th graders, Oregon's figure is 6 to 7 percent; the U.S. average is 5 to 6 percent.

Gutelius thinks the biggest thing Oregon can do to discourage youth smoking is increase its tobacco tax, currently 29th in the nation at $1.18 a pack. That's failed in the Legislature and at the ballot in the past.