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Page 315 Cite

Suggested Citation:"Appendix C: State Laws - Tobacco PurchaseUsePossessionby Minors." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.

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Appendix C

State Laws—Tobacco Purchase–Use–Possession by Minors

The following table (see Table C-1) summarizes state law for all 50 states and the District of Columbia specifically in reference to purchase–use–possession laws (PUP) of a tobacco product by a minor. Throughout this report, the minimum age of legal access to tobacco products (MLA) focuses on youth access laws and enforcement policies that curtail retail access to tobacco products by underage persons, with little emphasis on punishing underage users of tobacco products. Despite that focus, MLA in the following table, as in the report, therefore covers youth access restrictions that both punish distributors of tobacco products to underage users and the underage users themselves.

The information for this table is adapted from the State Legislated Actions on Tobacco Issues (SLATI) database,¹ which is maintained by the American Lung Association. It should not be considered a comprehensive analysis of state law but rather an illustration of state-level variance in tobacco control legislation.

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¹ American Lung Association. State Legislated Legal Actions on Tobacco Issues (SLATI) State Pages. http://www.lungusa2.org/slati/about.php (accessed October 8, 2014).

Page 316 Cite

Suggested Citation:"Appendix C: State Laws - Tobacco PurchaseUsePossessionby Minors." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.

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TABLE C-1 State Laws—Tobacco Purchase–Use–Possession Laws for Minors


State	MLA	Explicitly Illegal for Minors to…	Classification	Penalties for PUP Violations Among Minors

Alabama	19	Purchase, use, possess, transport	Not listed	Fine and notify parent/ guardian
Alaska	19	Knowingly possess	Violation	Not listed
Arizona	18	Purchase, possess, knowingly accept	Petty offense	Fine or community service
Arkansas	18	Use, possess, purchase, or attempt to purchase	Not listed	Confiscate the tobacco product, may require community service and enrollment in tobacco education program
California	18	Purchase, receive, possess	Not listed	Fine and community service
Colorado	18	Purchase or attempt to purchase	Class two petty offense	Fine or participate in tobacco education program; may perform community service instead of fine
		Possession	Noncriminal offense	Not listed
Connecticut	18	Purchase	Not listed	Fine
Delaware	18	Purchase, accept receipt of, use a coupon for	Not listed	Fine and community service
District of Columbia	18	Purchase, attempt to purchase, possess, attempt to possess	Not listed	Fine
Florida	18	Knowingly possess, purchase, attempt to purchase	Not listed	Fine or community service; minor must attend anti-tobacco education
Georgia	18	Purchase, attempt to purchase, possess	Not listed	Community service, attendance at a lecture on the hazards of smoking or both

Page 317 Cite

Suggested Citation:"Appendix C: State Laws - Tobacco PurchaseUsePossessionby Minors." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.

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Graduated Penalty?	Applies to…	Illegal to Present Fake or Borrowed ID	Suspend Driver’s License?

Not listed	Tobacco, tobacco products, alternative nicotine products	✔
Not listed	Tobacco products
Not listed	Tobacco products, vapor product including e-cigarettes, hookah, waterpipe	✔
Not listed	Tobacco in any form, cigarette papers	✔
Not listed	Tobacco product or paraphernalia
Not listed	Tobacco products
Not listed	Tobacco products
Yes; increasing fines only	Tobacco products	✔
Yes; more community service hours for second and subsequet offenses	Tobacco products	✔
Yes; increasing fine for fake ID	Cigarette or other tobacco product	✔
Yes	Tobacco products	✔	✔
Not listed	Cigarettes or tobacco related objects

Page 318 Cite

Suggested Citation:"Appendix C: State Laws - Tobacco PurchaseUsePossessionby Minors." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.

×


State	MLA	Explicitly Illegal for Minors to…	Classification	Penalties for PUP Violations Among Minors

Hawaii	18	Purchase	Not listed	Fine
Idaho	18	Purchase, receive, sell, possess, use, distribute, consume	Misdemeanor	Imprisonment and/or a fine; may also require attendance at tobacco awareness programs, community service
Illinois	18	Purchase, possess	Petty offense	Fine and community service
Indiana	18	Purchase, accepts for personal use or possess	Class C Infraction	Fine
Iowa	18	Smoke, use, possess, purchase, or attempt to purchase	Violation	Fine and community service
Kansas	18	Purchase, attempt to purchase; possess or attempt to possess	“Tobacco infraction”	Fine
Kentucky	18	Possess or use	Not listed	Product is confiscated
		Purchase or accept receipt of	Not listed	Fine and community service
Louisiana	18	Purchase or possess	Not listed	Fine
Maine	18	Present fraudulent ID for the purposes of purchasing/ possessing/using	Civil violation	Fine and/or community service
Maryland	18
Massachusetts	18
Michigan	18	Purchase, attempt to purchase, possess, attempt to possess, use	Misdemeanor	Fine and community service, health promotion program participation

Page 319 Cite

Suggested Citation:"Appendix C: State Laws - Tobacco PurchaseUsePossessionby Minors." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.

×


Graduated Penalty?	Applies to…	Illegal to Present Fake or Borrowed ID	Suspend Driver’s License?

Yes, fine increases and community service for second and subsequent offenses	Tobacco product or electronic smoking device
Not listed	Tobacco products or electronic cigarettes	✔
Yes	Tobacco products	✔
Not listed	Tobacco products or electronic cigarettes
Yes; higher fines and more community service	Tobacco products	✔
Not listed	Cigarettes, e-cigarettes, or tobacco products
Not listed	Tobacco products	✔
Yes; higher fines and more community service	Tobacco products
Yes; increase in fine	Tobacco products
Yes; increase in fine and community service	Tobacco products	✔


Yes; increase in number of hours; fine stays the same	Tobacco product	✔

Page 320 Cite

Suggested Citation:"Appendix C: State Laws - Tobacco PurchaseUsePossessionby Minors." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.

×


State	MLA	Explicitly Illegal for Minors to…	Classification	Penalties for PUP Violations Among Minors

Minnesota	18	Use fraudulent ID to purchase, attempt to purchase	Misdemeanor	If fake ID is used—driver’s license is suspended
		Possesses, smokes, chews, ingests, purchases, attempts to purchase	Petty misdemeanor	If fake ID is used—driver’s license is suspended
Mississippi	18	Purchase, possess	Not listed	Fine and/or community service
Missouri	18	Purchase, attempt to purchase, possess	Infraction	Confiscation of product
Montana	18	Knowingly possess or use; purchase	Not listed	Fine and/or community service/tobacco cessation education
Nebraska	18	Use	Class V misdemeanor	Not listed
Nevada	18
New Hampshire	18	Purchase, attempt to purchase, use, possess	Violation	Fine and/or community service, maybe also tobacco education
New Jersey	19
New Mexico	18	Procure or attempt to procure	Not listed	Fine or community service
New York	18
North Carolina	18	Purchase, accept receipt, attempt to purchase or accept receipt	Class two misdemeanor	Not listed
North Dakota	18	Purchase, possess, smoke, use	Noncriminal offense	Fine
Ohio	18	Consume, possess, purchase, attempt to purchase	Not listed	Fine and/or tobacco education

Page 321 Cite

Suggested Citation:"Appendix C: State Laws - Tobacco PurchaseUsePossessionby Minors." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.

×


Graduated Penalty?	Applies to…	Illegal to Present Fake or Borrowed ID	Suspend Driver’s License?

Not listed	Tobacco or tobacco related devices	✔	✔
Not listed	Tobacco or tobacco related devices
Not listed	Tobacco product	✔
Second offense: tobacco education/ smoking cessation program; none else listed	Cigarettes or tobacco products	✔
Yes; increased fines listed	Tobacco products
Not listed	Tobacco products	✔

Not listed	Tobacco product, e-cigarette, liquid nicotine; rolling paper	✔

Not listed	Tobacco products	✔

Not listed	Tobacco products including tobacco derived products or vapor products	✔
Not listed	Tobacco products	✔
Yes; increase fine, require community service, suspend license/learner permit	Tobacco products	✔	✔

Page 322 Cite

Suggested Citation:"Appendix C: State Laws - Tobacco PurchaseUsePossessionby Minors." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.

×


State	MLA	Explicitly Illegal for Minors to…	Classification	Penalties for PUP Violations Among Minors

Oklahoma	18	Purchase, receive, possess	Not listed; if does not provide seller when asked, misdemeanor	Fine, imprisonment (only for the misdemeanor)
Oregon	18	Purchase, attempt to purchase or acquire	Violation	Tobacco education or community service
		Possess	Class D violation	Not listed
Pennsylvania	18	Purchase, attempt to purchase	Summary offense	Fine and/or tobacco education/community service/suspend license
Rhode Island	18	Purchase	Not listed	Not listed
		Smoke, chew, possess	Not listed	Community service or tobacco education
South Carolina	18	Purchase, attempt to purchase, possess, attempt to possess	Noncriminal offense	Fine or tobacco education or community service
South Dakota	18	Purchase, attempt to purchase, receive, attempt to receive, possess, consume	Class Two misdemeanor	Not listed
Tennessee	18	Purchase, possess, accept	Civil offense	Fine
Texas	18	Possess, purchase, consume, accepts	Not listed	Fine and tobacco education or community service
Utah	19	Purchase, attempt to purchase, possess	Class C misdemeanor	Fine and tobacco education
Vermont	18	Possess, purchase, attempt to purchase	Not listed	Confiscate product and fine
Virginia	18	Purchase, attempt to purchase, possess	Not listed	Fine or community service

Page 323 Cite

Suggested Citation:"Appendix C: State Laws - Tobacco PurchaseUsePossessionby Minors." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.

×


Graduated Penalty?	Applies to…	Illegal to Present Fake or Borrowed ID	Suspend Driver’s License?

Increase in fine; may suspend driver’s license	Tobacco products	✔	✔
Yes; subsequent offense = fine, suspend license	Tobacco products	✔	✔
Not listed	Tobacco products
Not listed	Tobacco product	✔	✔
Not listed	Tobacco in the form of cigarettes, bidi cigarettes, cigars, pipe tobacco, chewing tobacco, snuff
Not listed	Tobacco in any form, cigarette papers
Not listed	Tobacco product, alternative nicotine product	✔	✔
Not listed	Tobacco products
Yes; add tobacco education and community service for subsequent offenses	Tobacco products	✔
Not listed	Cigarette or other tobacco product	✔	✔
Not listed	Cigar, cigarette, e-cigarette, or tobacco in any form	✔
Not listed	Tobacco products, tobacco substitutes or paraphernalia	✔	✔
Yes, higher fine or more community service hours	Tobacco product

Page 324 Cite

Suggested Citation:"Appendix C: State Laws - Tobacco PurchaseUsePossessionby Minors." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.

×


State	MLA	Explicitly Illegal for Minors to…	Classification	Penalties for PUP Violations Among Minors

Washington	18	Purchase, possess, attempt to purchase, or obtain	Class Three civil infraction	Fine and/or community service; maybe tobacco education
West Virginia	18	Possess	Not listed	Fine and community service
Wisconsin	18	Possess, purchase	Not listed	Not listed
Wyoming	18	Possess, use, purchase, attempt to purchase	Misdemeanor	Fine or community service or tobacco cessation

Page 325 Cite

Suggested Citation:"Appendix C: State Laws - Tobacco PurchaseUsePossessionby Minors." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.

×


Graduated Penalty?	Applies to…	Illegal to Present Fake or Borrowed ID	Suspend Driver’s License?

Not listed	Tobacco products
Yes, higher fine and more community service hours	Tobacco products
Not listed	Tobacco products, nicotine products	✔
Yes, increase in fine	Tobacco products	✔

Page 326 Cite

Suggested Citation:"Appendix C: State Laws - Tobacco PurchaseUsePossessionby Minors." Institute of Medicine. 2015. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. doi: 10.17226/18997.

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