Raising the legal age for sale, purchase, and possession of cigarettes and nicotine and tobacco products; providing a legal age for sale, purchase, and possession of electronic vaping devices; and providing a penalty. (FE)

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 electronic vaping devices by or on behalf of a person who is 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 vending machine operator from selling cigarettes or tobacco products from a vending machine unless the 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, and similarly prohibits the sale or provision of nicotine products or electronic vaping devices from a vending machine to a person who is under 21.

Under current law, a retailer or vending machine operator of cigarette or tobacco products must post notices stating that the sale of cigarettes or tobacco to a person under a certain age is unlawful, and a person who violates the requirement is required to forfeit no more than $25. The bill repeals that forfeiture penalty.

Current law exempts a vending machine operator from liability related to the sale of certain tobacco and nicotine products to minors if the vending machine operator is unaware of the minor’s purchase of the product. The bill repeals this exemption from liability.