Youth Prevention Program
On December 20, 2019, the President signed legislation to amend the Federal Food, Drug, and Cosmetic Act, and raise the federal minimum age of sale of tobacco products from 18 to 21 years. It is now illegal for a retailer to sell any tobacco product – including cigarettes, cigars and e-cigarettes – to anyone under 21.
VapeNW is dedicated to keeping age-restricted products out of the hands of our youth. We are a company comprised of parents who are willing to work with other parents and local authorities to hold our youth accountable for violations of fraud or tobacco possession. We take responsibility in our part as retailers in the vape industry and have instituted measures in place to prevent and catch orders from minors. In the event a minor is caught, we will refer the information to local authorities in compliance with the local laws.
If you are a parent and believe that your minor may have purchased an age-restricted product from VapeNW, please contact us directly at support@vapenw.com. We will respond as soon as possible with the next available options.
Use the charts below to review your state’s enforcement levels for possession and purchase.
| 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) |
