National Academies Press: OpenBook

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

Chapter: Appendix C: State Laws - Tobacco PurchaseUsePossessionby Minors

« Previous: Appendix B: State Laws - Tobacco Transfers to Minors
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.
×
Page 315
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.
×
Page 316
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.
×
Page 317
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.
×
Page 318
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.
×
Page 319
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.
×
Page 320
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.
×
Page 321
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.
×
Page 322
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.
×
Page 323
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.
×
Page 324
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.
×
Page 325
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.
×
Page 326
Next: Appendix D: Supplemental Information About the Models »
Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products Get This Book
×
Buy Paperback | $70.00 Buy Ebook | $54.99
MyNAP members save 10% online.
Login or Register to save!
Download Free PDF

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.

  1. ×

    Welcome to OpenBook!

    You're looking at OpenBook, NAP.edu's online reading room since 1999. Based on feedback from you, our users, we've made some improvements that make it easier than ever to read thousands of publications on our website.

    Do you want to take a quick tour of the OpenBook's features?

    No Thanks Take a Tour »
  2. ×

    Show this book's table of contents, where you can jump to any chapter by name.

    « Back Next »
  3. ×

    ...or use these buttons to go back to the previous chapter or skip to the next one.

    « Back Next »
  4. ×

    Jump up to the previous page or down to the next one. Also, you can type in a page number and press Enter to go directly to that page in the book.

    « Back Next »
  5. ×

    Switch between the Original Pages, where you can read the report as it appeared in print, and Text Pages for the web version, where you can highlight and search the text.

    « Back Next »
  6. ×

    To search the entire text of this book, type in your search term here and press Enter.

    « Back Next »
  7. ×

    Share a link to this book page on your preferred social network or via email.

    « Back Next »
  8. ×

    View our suggested citation for this chapter.

    « Back Next »
  9. ×

    Ready to take your reading offline? Click here to buy this book in print or download it as a free PDF, if available.

    « Back Next »
Stay Connected!