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.
×
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.
________________
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.
×
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 | |||
________________
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 |
________________
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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