Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products (2015)
Chapter: Appendix C: State Laws - Tobacco PurchaseUsePossessionby Minors
Visit
NAP.edu/10766
to get more information about this book, to buy it in print, or to
download it as a free PDF.
Previous Chapter:
Appendix B: State Laws - Tobacco Transfers to Minors
Next Chapter: Appendix D: Supplemental Information About the Models
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.
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.
________________
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).
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.
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 |
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, 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 | ||
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 |
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 | ✔ | |
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 |
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 | ✔ | ✔ | |
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 |
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 | ||
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 |
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 | ✔ | ||
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.
This page intentionally left blank.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Subscribe to Emails from the National Academies
Stay up to date on activities, publications, and events by subscribing to email updates.