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Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products (2015)

Chapter: Appendix B: State Laws - Tobacco Transfers to Minors

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Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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 B

State Laws—Tobacco Transfers to Minors

The following table (see Table B-1) summarizes state laws for all 50 states and the District of Columbia specifically in reference to the transfer of a tobacco product to a minor by both commercial and noncommercial sources.

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).

Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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 B-1 State Laws—Tobacco Transfers to Minors

State Applies to Whom Explicitly Illegal to… Product in Question Classification of the Transfer
Alabama Any person Sell, barter, exchange, or give away* Cigarettes, cigarette tobacco, cigarette paper or substitute for either of them* Not specified*
  Permit holder, member, employee, officer      
Alaska Any person (non licensee) Sell, exchange, or give* Cigarette, cigar, or tobacco product; a product containing nicotine* Violation
  Licensee     Not specified
Arizona Any person Knowingly sell, give, or furnish Tobacco product, vapor product including e-cigarettes, or any instrument designed for smoking/ ingestion of tobacco Petty offense
Arkansas Any person Sell, give, or barter* Tobacco products or cigarette papers; alternative nicotine product, cartridge or component of such; e-cigarette* Not specified
  Licensee     Violation

* Applies to all tobacco transfers in the given state.

Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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.
×
Penalty for First Offense Increase for Subsequent Offenses? Suspend License? Employee or Licensee Punished? Affirmative Defense?
Fine, 10<x<50 and may also be imprisoned for <30 days Not specified Not specified Not specified* Not specified*
Fine Yes Yes    
Fine >300 Not specified Not specified Not specified* Not specified*
Suspend license + civil penalty Yes Yes    
Not specified Not specified Not specified Not specified Not specified
Fine* Not specified Not specified Employee of retail permittee in violation is subject to fine <100 in addition to business owner’s fine* Not specified
  Yes Yes   Yes

* Applies to all tobacco transfers in the given state.

Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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 Applies to Whom Explicitly Illegal to… Product in Question Classification of the Transfer
California Person, firm, corporation Knowingly sell, give, or furnish Tobacco products or paraphernalia including blunt wraps; e-cigarettes Misdemeanor or civil action
Colorado Any person Sell, distribute, or offer for sale Cigarettes or tobacco products including Class 2 petty offense
  Retailer Sell or permit the sale of e-cigarettes, cigars, cigarillos and pipes* Not specified
Connecticut Any person Sell, give, or deliver to* Tobacco Not specified*
Dealer or distributor Cigarettes or tobacco products
Delaware Any person; excluding parent/ guardian Sell or distribute, purchase on behalf of Tobacco product Not specified

* Applies to all tobacco transfers in the given state.

Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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.
×
Penalty for First Offense Increase for Subsequent Offenses? Suspend License? Employee or Licensee Punished? Affirmative Defense?
Fine Yes Not specified California 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 Yes
Fine Not specified Not specified* Not specified* Yes*
Written warning Yes      
Fine <200* Yes Not specified The dealer/ distributor is assessed a penalty. The employee who perfomed the transaction may also be fined* Yes*
Yes—retailer and employee Yes
Fine Yes Yes Licensee/owner is responsible for fine, employee may ALSO be charged Yes: affirmative defense for licensee if can prove that purchaser showed valid or seemingly valid proof of age, affirmative defense for retailer/employer if can prove that policies were in place to prevent illegal sales

* Applies to all tobacco transfers in the given state.

Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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 Applies to Whom Explicitly Illegal to… Product in Question Classification of the Transfer
District of Columbia Any person Sell, give or furnish Tobacco product Misdemeanor
Florida Any person Sell, deliver, barter, or furnish, directly or indirectly Tobacco product Misdemeanor (2nd degree)
Georgia Any person Knowingly sell or barter, directly or indirectly, to advise, counsel, or compel any minor to smoke, inhale chew, or use cigarettes or tobacco-related objects Cigarettes or tobacco related object, including cigar wraps Misdemeanor
Hawaii Any person Sell or furnish Tobacco, including chewing tobacco and snuff, and electronic smoking device Not specified
Idaho Non-permittee Sell, distribute, or offer Tobacco products or e-cigarettes Not specified*
Permitee Sell or distribute Tobacco products

* Applies to all tobacco transfers in the given state.

Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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.
×
Penalty for First Offense Increase for Subsequent Offenses? Suspend License? Employee or Licensee Punished? Affirmative Defense?
Fine 100<x<500 and/or imprisonment <30 days Yes Yes Not specified Not specified
Fine Yes Yes May mitigate penalties against a dealer if employee performed illegal sale and dealer had provided adequate training beforehand Yes
Not specified Not specified Not specified Not specified Not specified
Fine Yes Not specified Retail clerks, and not the owners or licensees are cited for violations Not specified
Fine Not specified Not specified Penalty appears to be for permittee ONLY Yes*
Warning Yes Yes

* Applies to all tobacco transfers in the given state.

Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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 Applies to Whom Explicitly Illegal to… Product in Question Classification of the Transfer
Illinoisa Any person Sell, buy for, distribute samples of, or furnish Tobacco products Petty offense
    Knowingly sell, deliver, or give away Cigarette papers or other tobacco accessories Class C misdemeanor
      Wrapping paper or leaf for rolling Petty offense
Indiana Any person Knowingly sell or distribute, purchase for delivery to a minor Tobacco products, including dissolvable tobacco products and e-cigarettes* Class C infraction
Retailer Sell or distribute Not specified
Iowa Any person Sell, give, or otherwise supply* Tobacco products* Simple misdemeanor
  Retailer/ employee of retailer     Not specified

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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).



* Applies to all tobacco transfers in the given state.

Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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.
×
Penalty for First Offense Increase for Subsequent Offenses? Suspend License? Employee or Licensee Punished? Affirmative Defense?
Fine 200 Yes Not specified* Not specified* Not specified*
Not specified Not specified      
Fine 100<x<1,00 Not specified      
Fine <500 Not specified Yes* Not specified* Yes*
Fine 200<x<1,00 Yes
Not specified Not specified Yes* If an employee of the retailer commits the violation, the retailer is not charged if the employee took the proper state tobacco compliance training. Otherwise, penalty to the retailer Not specified*
Fine + potential additional civil penalty Yes    

* Applies to all tobacco transfers in the given state.

Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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 Applies to Whom Explicitly Illegal to… Product in Question Classification of the Transfer
Kansas Any person Sell, furnish, or distribute Cigarettes, e-cigarettes, or tobacco products Class B misdemeanor
Kentucky Any person Sell or cause to be sold, solicit a minor to purchase Tobacco products Not specified
Louisiana Any person Sell or distribute* Tobacco products* Not specified*
Permittee (manufacturer, distributor, dealer, retailer)
Maine Any person Sell, furnish, give away, or offer to sell, furnish or give away Tobacco products Civil violation

* Applies to all tobacco transfers in the given state.

Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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.
×
Penalty for First Offense Increase for Subsequent Offenses? Suspend License? Employee or Licensee Punished? Affirmative Defense?
Fine >200 Not specified Yes The person who violates the law is the individual directly selling the tobacco product. A licensee can be assessed additional civil penalties for selling to minors Yes
Fine 100<x<500 Not specified Not specified Not specified Not specified
Fine <50 Yes* Yes* Sale of tobacco products to a minor by a retail dealer’s employee is considered an act of the retailer for the purpose of suspension or revocation of a permit or the assessment of civil penalties, unless employee attends state approved training program* Not specified*
Subject to suspension or revocation of permit and/or civil penalties
Fine 50<x<1,500 + court costs Not specified Yes The employer of the person who violates the law also commits a civil violation which can be fined 50<x<1,500 + court costs. The district court can also impose fines listed above or suspend/revoke licenses for violation of sales laws Yes

* Applies to all tobacco transfers in the given state.

Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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 Applies to Whom Explicitly Illegal to… Product in Question Classification of the Transfer
Marylandb Retailer Distribute Tobacco products or paraphernalia Not specified
Any person Purchase for, deliver to, sell Tobacco products or paraphernalia Not specified
Sell, distribute, or offer for sale Electronic device that can be used to deliver nicotine, including e-cigarettes, cigars, cigarillos, and pipes Misdemeanor
Massachusettsc Any person excluding parent/ guardian Sell or give Tobacco in any form Not specified*
Sell Rolling papers  
Michigan Any person excluding parent/ guardian Sell or furnish Tobacco products Misdemeanor
Minnesota Any person Sell or furnish Tobacco or tobacco-related devices; product containing or delivering nicotine or lobelia intended for consumption that is not tobacco Misdemeanor

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b In Maryland, the law applying to “any person” applies different penalties according to the type of item and transfer. 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. For example, the sale of tobacco to a minor is punishable by a fine no less than $100, while the sale of rolling papers is punishable by a fine of no less than $25.


* Applies to all tobacco transfers in the given state.

Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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.
×
Penalty for First Offense Increase for Subsequent Offenses? Suspend License? Employee or Licensee Punished? Affirmative Defense?
Not specified Not specified Not specified* Not specified* Yes*
Fine <300 Yes
Fine <1,000 per violation Not specified
Fine >100 Yes* Not specified* Not specified* Not specified*
Fine >25        
Fine <50 Not specified Not specified Not specified Yes
Not specified Escalation in criminality with subsequent offenses Yes If a licensee or an employee of a licensee violates the law, the licensee is charged an administrative penalty. The individual must also be charged an administrative penalty. Penalty can escalate with subesequent offenses Yes

* Applies to all tobacco transfers in the given state.

Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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 Applies to Whom Explicitly Illegal to… Product in Question Classification of the Transfer
Mississippi Any person or retailer Sell, barter, deliver, or give Tobacco products or rolling papers Not specified*
Directly or indirectly (by agent, employee, or vending machine) sell, offer for sale, give, or furnish Alternative nicotine product, any cartridge or component of an alternative nicotine product
Missouri Any person (excluding family members on private property) Sell, provide, or distribute Tobacco products or rolling papers Not specified
Montana Any person Sell or distribute Tobacco products Not specified

* Applies to all tobacco transfers in the given state.

Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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.
×
Penalty for First Offense Increase for Subsequent Offenses? Suspend License? Employee or Licensee Punished? Affirmative Defense?
Fine 50* Yes* Yes* The permittee will be sent a warning letter for the first violation, and required to enroll in and complete a state tobacco retailer education program. If the retailer has directed employees to sign an agreement stating that they understand the state laws regarding youth tobacco sales* Yes
Not specified
Fine 100 Yes Yes Owner of establishment issued a reprimand in addition to penalties listed. Exempt from above penalties if they have an employee compliance program in place Not specified
Verbal notification Yes Yes Employee pays $25 per violation if not licensee Not specified

* Applies to all tobacco transfers in the given state.

Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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 Applies to Whom Explicitly Illegal to… Product in Question Classification of the Transfer
Nebraska Any person Sell or furnish Tobacco products* Class III misdemeanor*
  Licensee Sell, give, or furnish in any way, or allow to be taken from their place of business    
Nevada Any person Sell, distribute, or offer to sell Tobacco in any form or cigarette papers Not specified
New Hampshire Any person Sell, give, furnish, or cause or allow or procure to be sold, given, furnished Tobacco products, e-cigarettes, or liquid nicotine Violation (2nd and on, misdemeanor)
    Sell, give, or furnish Rolling papers Violation

* Applies to all tobacco transfers in the given state.

Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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.
×
Penalty for First Offense Increase for Subsequent Offenses? Suspend License? Employee or Licensee Punished? Affirmative Defense?
Not specified* Not specified* Yes* Licensee is subject to forfeiture. Any officer, director, or manager of the business of any corporation that violates the provision, if they are aware, is subject to the same penalty* Not specified*
Fine <500 + civil penalty <500 Not specified Not specified The owner of an establishment is not held responsible for an employee violation of the law if they had no knowledge of the violation and establish employee education to prevent future violations Yes
Civil penalty <250 Yes* Yes* Not specified* Not specified
<250        

* Applies to all tobacco transfers in the given state.

Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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 Applies to Whom Explicitly Illegal to… Product in Question Classification of the Transfer
New Jersey Any person Directly or indirectly (by agent, employee, or vending machine) sell, offer for sale, distribute for commercial purpose at no cost or minimal cost with coupons or rebate offers, give or furnish Cigarettes, cigarette paper, tobacco in any form including smokeless, or any electronic smoking device including e-cigarettes, cigars, cigarillos, pipes, or any cartridge or component or related product Petty disorderly persons offense
New Mexico Any person Knowingly sell or offer to sell Tobacco products Misdemeanor
New York Retailer Sell Tobacco products, herbal cigarettes, shisha, e-cigarettes, or smoking paraphernalia Not specified
North Carolina Any person Distribute, aid, assist, or abet in distribution, purchase on behalf of Tobacco products, including tobacco-derived products or vapor products, cigarette wrapping papers Class 2 misdemeanor
North Dakota Any person Sell or furnish, procure on behalf of Tobacco products Infraction, criminal misdemeanor
Ohio Manufacturer, distributor, wholesaler or retailer, or employee thereof Sell or otherwise distribute Tobacco products 4th degree misdemeanor

* Applies to all tobacco transfers in the given state.

Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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.
×
Penalty for First Offense Increase for Subsequent Offenses? Suspend License? Employee or Licensee Punished? Affirmative Defense?
Civil penalty 250 Yes Yes The licensee is subject to administrative charges, although the individual responsible for the sale is liable for the penalty Yes
Imprisonment <year +/or fine <1,000 Not specified Not specified Not specified Not specified
Fine 300<x<1,00 0 Yes Yes Not specified Yes
Not specified Not specified Not specified Not specified Yes
Not specified Not specified Not specified Not specified Not specified
Not specified Escalation in criminality with subsequent offenses Not specified Not specified Yes

* Applies to all tobacco transfers in the given state.

Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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 Applies to Whom Explicitly Illegal to… Product in Question Classification of the Transfer
Oklahoma Any person Sell, give, or furnish in any manner Tobacco products Not specified
Oregon Any person Knowingly distributes, sells, or causes to be sold Tobacco product or device for the use of tobacco “Endangering the welfare of a child”/Class A violation
Pennsylvania Any person Sell or furnish* Tobacco products* Summary offense*
Retailer
Rhode Island Any person Sell, give, deliver Tobacco in the form of cigarettes, bidi cigarettes, cigars, little cigars (flavored and unflavored), blunt wraps, cigarette rolling papers, cigarillos, tiparillos, pipe tobacco, chewing tobacco, or snuff Not specified*
  Licensee or employee thereof Sell, distribute, or deliver Tobacco product  
South Carolina Any person Sell, furnish, give, distribute, purchase for or provide Tobacco product or alternative nicotine product Misdemeanor

* Applies to all tobacco transfers in the given state.

Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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.
×
Penalty for First Offense Increase for Subsequent Offenses? Suspend License? Employee or Licensee Punished? Affirmative Defense?
Fine <100 Yes Yes If the sale is made 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 Yes
Fine >100 Not specified Not specified Not specified Not specified
Fine 100<x<250 Yes* Yes* Not specified* Not specified
Fine 100<x<500 Yes
Not specified Not specified Yes* The licensee is responsible for all violations that occur at the location for which the license is issued. If courts find the licensee has taken adequate measures to ensure employees are not performing illegal transactions, courts may chose to not suspend license* Not specified*
Fine 250 Yes    
Fine 100<x<200 Yes Not specified Not specified Not specified

* Applies to all tobacco transfers in the given state.

Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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 Applies to Whom Explicitly Illegal to… Product in Question Classification of the Transfer
South Dakota Any person Knowingly distribute, purchase on behalf of, give Tobacco products Class Two misdemeanor
Tennessee Any person Sell, distribute, or purchase on behalf of. Persuade, entice, send, or assist a minor to purchase, acquire, receive or attempt to purchase, acquire or receive Tobacco product or e-cigarette Not specified
Texas Any person With criminal negligence, sell, give, or causes to be sold or given Cigarette or tobacco product Class C misdemeanor

* Applies to all tobacco transfers in the given state.

Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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.
×
Penalty for First Offense Increase for Subsequent Offenses? Suspend License? Employee or Licensee Punished? Affirmative Defense?
Not specified Not specified Not specified Not specified Yes
Warning letter Yes Not specified Commissioner 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 Yes
Not specified Not specified Not specified If the offense occurs in connection with a sale by an employee of a licensee, the employee is criminally responsible and subject to prosecution Yes

* Applies to all tobacco transfers in the given state.

Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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 Applies to Whom Explicitly Illegal to… Product in Question Classification of the Transfer
Utah Any person Knowingly, intentionally, recklessly, or with criminal negligence provides Cigar, cigarette, e-cigarette or tobacco in any form, or tobacco paraphernalia Class C misdemeanor*
Sell, offer for sale, give, or furnish Clove cigarette
Vermont Any person Sell or provide Tobacco products, tobacco substitutes (e-cigarette and related products), or related paraphernalia Not specified
Virginia Any person Sell, distribute, purchase for, or knowingly permit the purchase by Tobacco product including but not limited to cigarettes, cigars, bidis and wrappings Not specified
Washington Any person (non licensee) Sell, give, permit to be sold or given* Cigar, cigarette, cigarette paper or wrapper, tobacco in any form or a vapor product* Gross misdemeanor*
  Licensee      
West Virginia Any person Sell, give or furnish, cause to be sold or furnished* Tobacco product or cigarette paper* Misdemeanor*
Firm or corporation

* Applies to all tobacco transfers in the given state.

Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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.
×
Penalty for First Offense Increase for Subsequent Offenses? Suspend License? Employee or Licensee Punished? Affirmative Defense?
Not specified* Escalation in criminality with subsequent offenses* Yes* If the licensee or employee thereof has sold tobacco to someone <19 years old, the agency may impose adminstrative penalties on the licensee* Not specified*
Fine <100 Yes Yes Not specified Not specified
Fine <100 Yes Not specified Not specified Yes
Fine 50 Yes* Yes* Not specified* Yes*
Fine 100        
Fine <100 Yes* Not specified* The employer may dismiss an employee for selling or furnishing tobacco products to minors* Yes*
Fine 50

* Applies to all tobacco transfers in the given state.

Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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 Applies to Whom Explicitly Illegal to… Product in Question Classification of the Transfer
Wisconsin Any person Purchase on behalf of, or provide to Cigarettes, tobacco products or nicotine products* Not specified*
  Retailer, direct marketer, manufacturer, distributor or agent/employee thereof Sell or provide for nominal or no consideration    
Wyoming Any person Sell, offer for sale, give, or deliver Tobacco products* Misdemeanor*
Retailer Sell, permit the sale of, offer for sale, give, or deliver

* Applies to all tobacco transfers in the given state.

Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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.
×
Penalty for First Offense Increase for Subsequent Offenses? Suspend License? Employee or Licensee Punished? Affirmative Defense?
Fine <500 if no violation in previous 30 months or Fine <500 +/or 1 month imprisonment if violation in previous 30 months Yes* Yes* Not specified* Not specified
Fine <500       Yes
Fine <50* Yes* Yes* No penalty to the permittee for first violation if permittee can prove plan in place to prevent illegal sale to minors* Yes*

* Applies to all tobacco transfers in the given state.

Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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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Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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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Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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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Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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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Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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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Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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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Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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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Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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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Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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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Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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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Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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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Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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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Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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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Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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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Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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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Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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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Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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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Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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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Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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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Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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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Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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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Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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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Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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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Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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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Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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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Suggested Citation:"Appendix B: State Laws - Tobacco Transfers to 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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Tobacco use by adolescents and young adults poses serious concerns. Nearly all adults who have ever smoked daily first tried a cigarette before 26 years of age. Current cigarette use among adults is highest among persons aged 21 to 25 years. The parts of the brain most responsible for cognitive and psychosocial maturity continue to develop and change through young adulthood, and adolescent brains are uniquely vulnerable to the effects of nicotine.

At the request of the U.S. Food and Drug Administration, Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products considers the likely public health impact of raising the minimum age for purchasing tobacco products. The report reviews the existing literature on tobacco use patterns, developmental biology and psychology, health effects of tobacco use, and the current landscape regarding youth access laws, including minimum age laws and their enforcement. Based on this literature, the report makes conclusions about the likely effect of raising the minimum age to 19, 21, and 25 years on tobacco use initiation. The report also quantifies the accompanying public health outcomes based on findings from two tobacco use simulation models. According to the report, raising the minimum age of legal access to tobacco products, particularly to ages 21 and 25, will lead to substantial reductions in tobacco use, improve the health of Americans across the lifespan, and save lives. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products will be a valuable reference for federal policy makers and state and local health departments and legislators.

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