March 4, 2005 |
2005-R-0269 | |
POSSESSION OF TOBACCO PRODUCTS BY MINORS | ||
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By: Steve DiLella, Legislative Fellow | ||
You asked for (1) states that prohibit minors from purchasing tobacco products, (2) states that prohibit minors from possessing tobacco products, and (3) the penalties for violations.
In 1991, Congress passed the Synar law, which prohibits the sale of tobacco products to minors under the age of 18. This law also forces state governments to monitor the sale of tobacco to minors. In response to the Synar law, many state governments passed legislation that bans minors from buying or possessing tobacco.
We found 40 states that prohibit minors from purchasing tobacco products. Thirty-one states prohibit minors from possessing tobacco in all circumstances. Five states, Louisiana, Michigan, Mississippi, Oregon, and Rhode Island, ban possessing tobacco in limited circumstances, such as in public or on school property. Only five states, Massachusetts, Nevada, New Jersey, New York, and South Carolina, have no laws concerning minors and tobacco.
Of the states that prohibit minors from buying tobacco, 31 impose fines. The fines range from $10 for the first offense to $750 for the third offense. Nine states impose only fines, while 22 states combine fines with other penalties. Four states have only non-monetary penalties. Non-monetary penalties include community service, participation in a tobacco education program, loss of driver's license, confiscation of tobacco products, and imprisonment.
Of the states that ban tobacco possession by minors, 27 impose fines. These fines range from $5 for the first offense to $750 for the third offense. States also mandate community service, a tobacco education program, loss of driver's license, and imprisonment as penalties for possessing tobacco. These penalties are used in conjunction with or in place of fines.
Table 1 lists the states, the prohibitions and the penalties.
Table 1: Penalties For Minors Possessing or Purchasing Tobacco Products
State |
Prohibit Possession |
Prohibit Purchase |
Penalty |
Alabama |
Yes |
Yes |
$10-$50 fine for each violation (Ala. Code §§ 28-11-13 & 28-11-14) |
Alaska |
Yes |
No |
Up to $500 fine (Alaska Stat. § 17.76.105) |
Arizona |
Yes |
Yes |
Up to $300 fine (Ariz. Rev. Stat. §13-3622) |
Arkansas |
Yes |
Yes |
None given (Ark. Code Ann. § 5-27-227) |
California |
Yes |
Yes |
$75 fine and 30 hours of community service (Ca. Penal Code § 308) |
Colorado |
No |
Yes |
$100 fine or enrollment in a tobacco education program; can also perform community service and receive a credit of $5 per hour to be paid up to 50% of fine and court costs (Colo. Rev. Stat. Ann. § 18-13-121) |
Connecticut |
No |
Yes |
● First offense ― $50 fine ● Subsequent offenses ― $50-$100 fine (Conn. Gen. Stat. § 53-344) |
Delaware |
No |
Yes |
● First offense ― $50 fine or 25 hours community service ● Subsequent offenses ― $50 fine and 50 hours of community service (Del. Code. Ann. Tit 11 §§ 1124 & 1127) |
Florida |
Yes |
Yes |
● First offense ― Attend a tobacco education program. $25 fine or 16 hours of community service ● Second Offense ― $25 fine ● Third offense ― Suspend or revoke driver's license and insurance (Fla. Stat. Ch. 569.11) |
Georgia |
Yes |
Yes |
20 hours of community service, attend a tobacco education program, or both (Ga. Code. Ann. § 16-12-171) |
Hawaii |
No |
Yes |
● First offense ― $10 fine ● Subsequent offenses ― $50 fine; if minor is not employed or in school, penalty may include 48-72 hours of community service (Haw. Rev. Stat. § 709-908) |
Idaho |
Yes |
Yes |
Up to six months imprisonment, up to $300 fine, or both; may require youth and parents to attend a tobacco education program (Idaho Code § 39-5703) |
Illinois |
No |
Yes |
● First offense ― $200 fine ● Second offense ― $400 fine ● Third offense ― $600 fine (720 Ill. Comp. Stat. 675/1 et seq.) |
Indiana |
Yes |
Yes |
Up to $500 fine (Ind. Code § 35-46-1-10.5) |
Iowa |
Yes |
Yes |
● First offense ― $50 fine, 8 hours community service, or both ● Second offense ― $100 fine, 12 hours community service, or both ● Third offense ― $250 fine and 16 hours of community service (Iowa Code §§ 453A.1 et seq. (2003) & 805.8c(3)(c)) |
Kansas |
Yes |
Yes |
$25 fine (Kan. Stat. Ann. §§ 79-3321 & 79-3322) |
Kentucky |
Yes |
Yes |
● Possession ○ Confiscate tobacco ● Purchasing ○ First offense ― $50 fine and 20 hours community service ○ Second offense ― $200 fine and 40 hours community service (Ky. Rev. Stat. §§ 438.300, 438.50 & 438.11) |
Louisiana |
Yes, but not illegal in private or with parent |
Yes |
● Possession ○ $50 fine for each offense ● Purchasing ○ First offense ― $50 fine ○ Second offense ― $100 fine ○ Third offense ― $250 fine ○ Subsequent offenses ― $400 fine (La. Rev. Stat. Ann. § 14:91.8) |
Maine |
Yes |
Yes |
● First offense ― $100-$300 fine, community services, or both ● Second offense ― $200-$500 fine, community service, or both ● Third offense ― $500 fine and possible community service (Me. Rev. Stat. Ann. tit 22 § 1555-b) |
Maryland |
Yes |
No |
● First offense ― Attend a tobacco education program and 20 hours community service ● Subsequent offenses ― 40 hours community service (Md. Code. Ann. Crim. Law. §§ 10-101 & 10-108) |
Massachusetts |
No |
No |
N/A |
Michigan |
Yes, only on public property |
No |
● First offense ― Up to $50 fine, 16 hours community service, attend a tobacco education program or combination of penalties ● Second offense ― Attend a tobacco education program and 32 hours community service ● Subsequent offenses ― Attend a tobacco education program and 48 hours community service (Mich. Comp. Laws § 722.642) |
Minnesota |
Yes |
Yes |
Up to $300 fine (Minn. Stat. § 609.685) |
Mississippi |
Yes, only on school grounds |
Yes |
None stated (Miss. Code. Ann §§ 97-32-13 & 97-32-29) |
Missouri |
Yes |
Yes |
● First offense ― Tobacco confiscated ● Second offense ― Attend a tobacco education program (Mo. Rev. Stat. § 407.933) |
Montana |
Yes |
Yes |
● Possession ○ First offense ― $50 fine, community service, education, or combination of penalties ○ Second offense ― $75-$100 fine, community service, education, or combination of penalties ○ Third offense ― $100-$250 fine, community service, education, or combination of penalties ● Purchasing ○ First offense ― $50 fine, and possible community service ○ Second offense ― $100 fine and possible community service (Mont. Code Ann. § 45-5-637) |
Nebraska* |
No |
No |
N/A |
Nevada |
No |
No |
N/A |
New Hampshire |
Yes |
Yes |
Up to $100 fine or 20 hours community service for each offense and may include a tobacco education program (N.H. Rev. Stat. Ann. § 126-K:6) |
New Jersey |
No |
No |
N/A |
New Mexico |
No |
Yes |
$100 fine or 48 hours of community service (N.M. Stat. Ann. §§ 30-49-3 & 30-49-12 et seq.) |
New York |
No |
No |
N/A |
North Carolina |
No |
Yes |
Up to $100 fine (N.C. Gen. Stat. § 14-313) |
North Dakota |
Yes |
Yes |
None stated; local jurisdictions have the option to impose a $25 fine for violations (N.D. Cent. Code § 12.1-31-03) |
Ohio |
Yes |
Yes |
Attend a tobacco education program, $100 fine, or both; if disobeys program, 20 hours of community service, suspend driver's license, or both (Ohio Rev. Code Ann. § 2151.87) |
Oklahoma |
Yes |
Yes |
● First offense ― $100 fine ● Subsequent offenses ― $200 fine ● If fine is not paid within 90 days, driver's license can be suspended ● If in possession and refuse to tell where tobacco was obtained, can face five days imprisonment or a $5 fine (Okla. Stat. Ann. tit. 37 § 600.4 & Okla. Stat. Ann. tit. 21 § 1242) |
Oregon |
Yes, unless in private or with parent |
Yes |
● First offense ― Attend a tobacco education program or community service ● Subsequent offenses ― Attend a tobacco education program or community service and can suspend driver's license (Or. Rev. Stat. Ann. § 167.401) |
Pennsylvania |
No |
Yes |
Up to 75 hours of community service, attend a tobacco education program, up to $200 fine, 30 day suspension of driver's license or any combination of penalties (18 Pa. Cons. Stat § 6305) |
Rhode Island |
Yes, only in a public place, street, or resort |
Yes |
● Possession ○ $5 fine ● Purchasing ○ None given (R.I. Gen. Laws §§ 11-9-13 & 11-9-14) |
South Carolina |
No |
No |
N/A |
South Dakota |
Yes |
Yes |
Up to 30 days imprisonment or up to $200 fine (S.D. Cod. Laws. §§ 34-46-2, 34-46-5, 34-46-6 & 26-10-20) |
Tennessee |
Yes |
Yes |
● First offense ― $10-$50 fine ● Subsequent offenses ― $10-$50 fine, 50 hours of community service, attend a tobacco education program, or combination of penalties (Tenn. Code Ann. § 39-17-1505) |
Texas |
Yes |
Yes |
Up to $250 fine and attend a tobacco education program or 8-12 hours of community service; if program is not completed, driver's license can be suspended (Tex. Health Safety Code Ann. §§ 161.252, 161.253 & 161.254) |
Utah |
Yes |
Yes |
Minimum $60 fine and attend a tobacco education program (Utah Code Ann. § 76-10-105) |
Vermont |
Yes |
Yes |
● Possession ○ $25 fine, can suspend driver's license if not paid in 90 days ● Purchasing ○ None given (Vt. Stat. Ann. tit 7 § 1005) |
Virginia |
Yes |
Yes |
● First offense ― $100 fine or 20 hours community service ● Subsequent offenses ― $250 fine or 40 hours of community service (Va. Code. Ann § 18.2-371.2) |
Washington |
Yes |
Yes |
Up to $50 fine, 4 hours of community service, attend a tobacco education program, or combination of penalties (Wash. Rev. Code §§ 70.155.080 & 70.155.130) |
West Virginia |
Yes |
No |
● First offense ― $25 fine and 8 hours community service ● Second offense ― $50 fine and 16 hours of community service ● Subsequent offenses ― $100 and 24 hours of community service (W.Va. Code § 16-9A-3) |
Wisconsin |
Yes |
Yes |
Seizure of product (Wis. Stat. § 254.92) |
Wyoming |
Yes |
Yes |
● First offense ― Up to $50 fine ● Second offense ― $250 fine ● Subsequent offenses ― $750 fine ● A credit of $5 per hour is given for each hour of community service performed or each hour in a tobacco education program; credits can be applied to fine, court costs, or both (Wyo. Stat. Ann. §§ 14-3-304 & 14-3-305) |
* Nebraska has a law prohibiting use of tobacco by a minor punishable by a $100 fine. (Neb. Rev. Stat. § 28-1417
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