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Appendix B: State Laws - Tobacco Transfers to Minors
Pages 287-314

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From page 287...
... 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.
From page 288...
... Licensee Not specified Arizona Any person Knowingly sell, Tobacco product, Petty offense give, or furnish vapor product including e-cigarettes, or any instrument designed for smoking/ ingestion of tobacco Arkansas Any person Sell, give, or Tobacco products Not specified barter* or cigarette papers; alternative nicotine product, cartridge or component of such; e-cigarette*
From page 289...
... specified Suspend license + Yes Yes civil penalty Not specified Not specified Not Not specified Not specified specified Fine* Not specified Not Employee of Not specified specified retail permittee in violation is subject to fine <100 in addition to business owner's fine*
From page 290...
... deliver to* Dealer or Cigarettes or distributor tobacco products Delaware Any person; Sell or Tobacco product Not specified excluding distribute, parent/ purchase on guardian behalf of *
From page 291...
... Fine Yes Not California Yes specified Department of Health Services may assess civil penalties against a the owner/licensee in addition to the criminal/civil penalties against an individual. An employee against whom civil penalties are sought cannot additionally have criminal penalties Fine Not specified Not Not specified*
From page 292...
... or offer e-cigarettes Permitee Sell or Tobacco products distribute * Applies to all tobacco transfers in the given state.
From page 293...
... Fine 100
From page 294...
... Simple otherwise misdemeanor supply* Retailer/ Not specified employee of retailer a In Illinois, "classification of transfer" and "penalty for first offense" vary based on the product and the illegal action (e.g., knowingly selling a pack of cigarette papers is a Class C misdemeanor while knowingly selling a leaf for rolling is a petty offense)
From page 295...
... specified* Not specified Not specified Fine 100
From page 296...
... Maine Any person Sell, furnish, Tobacco products Civil violation give away, or offer to sell, furnish or give away * Applies to all tobacco transfers in the given state.
From page 297...
... Fine >200 Not specified Yes The person who Yes violates the law is the individual directly selling the tobacco product. A licensee can be assessed additional civil penalties for selling to minors Fine 100
From page 298...
... For example, the penalty for purchasing tobacco products on behalf of a minor is a fine not to exceed $300, while the misdemeanor offense of selling an e-cigarette to a minor is punishable by a fine of up to $1,000 per violation. c In Massachusetts, the penalty for first offense depends on the product in question.
From page 299...
... Fine >25 Fine <50 Not specified Not Not specified Yes specified Not specified Escalation in Yes If a licensee or Yes criminality an employee of a with licensee violates subsequent the law, the offenses licensee is charged an administrative penalty. The individual must also be charged an administrative penalty.
From page 300...
... sell, product offer for sale, give, or furnish Missouri Any person Sell, provide, Tobacco products or Not specified (excluding or distribute rolling papers family members on private property) Montana Any person Sell or Tobacco products Not specified distribute *
From page 301...
... Yes* The permittee will Yes be sent a warning letter for the first violation, and required to enroll in and complete a state tobacco retailer education Not specified program.
From page 302...
... Licensee Sell, give, or furnish in any way, or allow to be taken from their place of business Nevada Any person Sell, distribute, Tobacco in any form Not specified or offer to sell or cigarette papers New Any person Sell, give, Tobacco products, Violation Hampshire furnish, or e-cigarettes, or (2nd and on, cause or allow liquid nicotine misdemeanor) or procure to be sold, given, furnished Sell, give, or Rolling papers Violation furnish *
From page 303...
... Not specified <250 <250 * Applies to all tobacco transfers in the given state.
From page 304...
... Applies to all tobacco transfers in the given state.
From page 305...
... Civil penalty 250 Yes Yes The licensee Yes is subject to administrative charges, although the individual responsible for the sale is liable for the penalty Imprisonment Not specified Not Not specified Not specified
From page 306...
... deliver of cigarettes, bidi cigarettes, cigars, little cigars (flavored and unflavored) , blunt wraps, cigarette rolling papers, cigarillos, tiparillos, pipe tobacco, chewing tobacco, or snuff Licensee or Sell, distribute, Tobacco product employee or deliver thereof South Carolina Any person Sell, furnish, Tobacco product or Misdemeanor give, distribute, alternative nicotine purchase for or product provide *
From page 307...
... Fine <100 Yes Yes If the sale is made Yes by the employee of the licensee, the employee shall be guilty of the violation and subject to the fine. Each violaton by an employee shall be a violation against the owner for purposes of a license suspension Fine >100 Not specified Not Not specified Not specified specified Fine 100
From page 308...
... Applies to all tobacco transfers in the given state.
From page 309...
... Not specified Not specified Not Not specified Yes specified Warning letter Yes Not Commissioner Yes specified of Agriculture is authorized to assess the penalty against any person or persons determined to be responsible, in whole or part, for contributing to or causing the violation to occur, including but not limited to the owner, manager, or employee of the store at which the violation occurred Not specified Not specified Not If the offense Yes specified occurs in connection with a sale by an employee of a licensee, the employee is criminally responsible and subject to prosecution * Applies to all tobacco transfers in the given state.
From page 310...
... , or related paraphernalia Virginia Any person Sell, distribute, Tobacco product Not specified purchase for, including but not or knowingly limited to cigarettes, permit the cigars, bidis and purchase by wrappings Washington Any person Sell, give, Cigar, cigarette, Gross (non licensee) permit to be cigarette paper or misdemeanor*
From page 311...
... someone <19 years old, the agency may impose adminstrative penalties on the licensee* Fine <100 Yes Yes Not specified Not specified Fine <100 Yes Not Not specified Yes specified Fine 50 Yes*
From page 312...
... Retailer, direct Sell or marketer, provide for manufacturer, nominal or no distributor or consideration agent/employee thereof Wyoming Any person Sell, offer for Tobacco products* Misdemeanor*
From page 313...
... the permittee for first violation if permittee can prove plan in place to prevent illegal sale to minors*


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