ID H0440

Selling, distributing, or offering tobacco products or electronic smoking devices to minors is unlawful and constitutes a misdemeanor punishable by a fine of $500-$1,000 per violation or up to one year in jail, or both.

Second or subsequent violations by the same defendant carry increased penalties of $1,000-$2,000 per violation or up to one year in jail, or both.

Sellers have an affirmative defense if they requested, examined, and reasonably relied upon photographic identification establishing the person is at least 21 years old; failure to request and examine ID is construed against the seller as conclusive evidence of violation.

All fines collected from violations shall be deposited into the prevention of minors' access to tobacco products or electronic smoking devices fund for administration, inspections, and enforcement activities.

The act becomes effective July 1, 2024, and is declared an emergency measure.