aside from the issue of 'prohibition still doesn't work', i don't think giving kids or "underage" adults criminal charges for cigarettes is making anything better for anyone
Smoking age is specifically the ability to purchase. There are no criminal/civil charges for underage smoking. The crimes are specifically 1) selling to minors 2) buying for minors.
TL;DR: No one goes/will go to jail for underage smoking. They won’t even get in trouble for buying. The onus is on the vendor OR the legal purchaser who handed them off.
How do you propose this black market gets created? In theory, no new addicts would get created because the smoking age rises in lockstep with the people themselves.
There is already a black/gray marked near many schools (for the younger, there are cigarettes and for the older there is weed.) it’s a market where there is just one person selling, it is more a fluid market where the young people sell and buy to each other, mostly there are multiple kids with connections to get the goods in any school and then it rotates through the different kids by selling, buying, stealing etc.
Source: I’m 26 now, and don’t believe that has changed since I left school.
I know this is pretty radical, but if we made smoking FFA way fewer people should theoretically start smoking in the first place. From my experience when I was still at school most of the people there were only smoking because it's "cool", making smoking legal for everyone should take the coolness factor away at least.