Age Restrictions on Sales of Tobacco Products

All 50 states and the District of Columbia prohibit the sale of tobacco products to minors. Most states define minors as persons less than 18 years of age, however, enforcement varies widely. Four states—Alabama, Alaska, New Jersey and Utah—define minors as persons less than 19 years of age. Thirty-eight states and the District of Columbia require retailers to post signs at the point of purchase stating
that selling tobacco products to minors is illegal.
Eighteen states and the District of Columbia require a person selling tobacco products to check the identification of a purchaser who appears to be under a certain age.
Penalties to Minors:
Forty-five states penalize minors for tobacco-related offenses. Thirty-five states prohibit minors from possessing tobacco products. Eighteen states have language prohibiting the use of tobacco products by minors. Twenty-five states order minors
who are guilty of a tobacco-related offense to perform community service as well as, or in lieu of, a fine. Nine states—Florida, Minnesota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Texas and Vermont—may suspend the driver’s license of a minor who violates their youth access law. Sixteen states—Colorado, Florida, Georgia, Idaho, Missouri, Montana, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Texas, Utah, Vermont, Washington and Wyoming—require minors to attend smoking education/cessation programs in addition to, or in lieu of, other penalties for tobacco-related offenses.
{Penalizing children has not been proven to be an effective technique to reduce underage tobacco usage. In fact, penalties may adversely affect existing
programs that are proven to be effective and are required, such as compliance checks utilizing young people.}
Placement of Tobacco Products:
Twenty-three states—Alaska, Arkansas, California, Delaware, Florida, Idaho, Illinois, Indiana, Iowa, Maine, Massachusetts, Minnesota, Missouri, New Mexico, Nevada, New York, Oklahoma, Oregon, Pennsylvania, Texas, Utah, Vermont and Wyoming—restrict customer access to cigarettes
and/or tobacco products. Fourteen of these states—Alaska, California, Idaho, Iowa, Maine, Massachusetts, Minnesota, New Mexico, New York, Oklahoma, Oregon, Texas, Utah and Wyoming—completely prohibit customers from having direct access to tobacco products in retail stores, and/or have language prohibiting the use of self-service displays. Almost all laws do not apply to retail stores that do not allow minors to enter.