SB 364

This bill changes the age for purchasing cigarettes, tobacco products, or

nicotine products from 18 to 21, and imposes a minimum age for purchasing vapor

products. Nicotine products are products that contain nicotine and that are not

tobacco products, cigarettes, or products that have been approved by the federal Food

and Drug Administration for sale as a smoking cessation product. Tobacco products

include products such as cigars, chewing tobacco, and smoking tobacco. Vapor

products are noncombustible products that produce a vapor or aerosol for inhalation

from the application of a heating element, regardless of whether the liquid or other

substance contains nicotine.

Currently, no person under the age of 18 may purchase, attempt to purchase,

possess, or falsely represent his or her age for the purpose of receiving any cigarette,

nicotine product, or tobacco product with certain limited exceptions. Current law

also prohibits any person from purchasing cigarettes, tobacco products, or nicotine

products on behalf of a person who is under the age of 18 and subjects that purchaser

to a penalty. Current law also prohibits a person from delivering a package of

cigarettes unless the person making the delivery verifies that the person receiving

the package is at least 18 years of age. The bill changes these ages from 18 to 21.

The bill similarly prohibits the purchase of vapor products by or on behalf of a person

under the age of 21.

Current law prohibits a retailer, manufacturer, distributor, jobber, subjobber,

or independent contractor or an employee or agent of any of these persons from

selling or providing cigarettes or tobacco or nicotine products to an individual who

is under the age of 18 and from providing cigarettes or tobacco or nicotine products

to any person for free unless the cigarettes or products are provided in a place where

persons under 18 years of age are generally not permitted to enter. Current law also

prohibits a retailer or vending machine operator from selling cigarettes or tobacco

or nicotine products from a vending machine unless the retailer or vending machine

operator ensures that no person under 18 years of age is present on or permitted to

enter the premises where the machine is located. The bill changes these ages from

18 to 21. The bill similarly prohibits the sale or provision of vapor products to a

person under the age of 21.