Tobacco & Nicotine
Legal Status
U.S. FEDERAL LAW #
Caution : All legal information should be verified through other sources. [see below]
U.S. FEDERAL LEGAL SUMMARY | |
Tobacco | |
REGULATED | No |
STATUS | Over-The-Counter Age Restricted |
SCHEDULE | Un-Scheduled |
Tobacco and tobacco products are unscheduled in the United States and are legal for adults to both sell and possess. It is against FDA regulations to sell the following products to those under the age of 18:
It is not federally illegal for those under 18 years old to purchase or possess tobacco...only for stores to sell to them. Some individual states have enacted legislation making possession by minors against the law.
See the FDA's New Federal Tobacco Regulations regarding children and tobacco.
- Cigarettes
- Cigarette tobacco
- Smokeless tobacco (Smokeless tobacco includes loose leaf chewing tobacco, plug chewing tobacco, twist chewing tobacco, moist snuff, and dry snuff.)
It is not federally illegal for those under 18 years old to purchase or possess tobacco...only for stores to sell to them. Some individual states have enacted legislation making possession by minors against the law.
See the FDA's New Federal Tobacco Regulations regarding children and tobacco.
U.S. STATE LAW #
Generally in the US, most states now require tobacco products be purchased by those age 18 or over, in some states (such as Alaska), the age requirement is 19. There are some groups who advocate raising the legal minimum age to 21.
INTERNATIONAL LAW #
Australia #
Minimum Age: 18 to purchase, regulated by federal government. Large fines for any business and/or individual who sells tobacco to a minor. Still many vendors don't ID check and fines may be increased. Nicotine patches and gum are sold at pharmacies at the discretion of the pharmacist.
Belgium #
Minimum Age: Tobacco products cannot be sold to persons under 16. (Thanks fh)
Canada #
Minimum Age: It is prohibited by federal law to provide tobacco products to persons under 18 years of age. Further restrictions may apply in individual provinces. For example, in Alberta, people under age 18 who are caught smoking or in possession of tobacco products can not only have their cigarettes seized by police, but also can be fined up to $100. Quebec, Saskatchewan, Alberta and Manitoba have a minimum age of 18 for purchase, the rest are 19. (Thanks ben) See CBCNews Timeline of Canadian Tobacco Laws.
China #
According to BD: Sales/Distribution of Cigarettes to minors of school age is prohibited. [China's Law to Prevent Crimes by Minors, Item 15] and Smoking by elementary and secondary school students is prohibited. [Law of Jun 29 1991 on the exclusive sale of tobacco of the People's Republic of China]
However, these laws are universally ignored. In fact all citizens I interviewed, including a police officer were very fuzy or completely ignorant about the particular rules concerning tobacco.
However, these laws are universally ignored. In fact all citizens I interviewed, including a police officer were very fuzy or completely ignorant about the particular rules concerning tobacco.
Croatia #
Minimum Age: 18 to purchase, law not widely known. (Thanks j)
Denmark #
Minimum Age: Illegal to sell tobacco to anyone under 16, law widely ignored. (Thanks j)
Germany #
Minimum Age: 16 to purchase, law widely ignored. Cigarette vending machines make age limits largely moot. (Thanks to drgrook)
Ireland #
Minimum Age: 18 to purchase and consume (raised from 16 to 18 in ~2000). Large fines for selling to a minor. Restrictions: There is no smoking allowed in places of employment (with a few exceptions).
Israel #
Minimum Age: 18 to purchase both cigarettes and tobacco (law established Feb 2005). Fines of about $3300 for business or individual who sells tobacco to a minor. Vendors seldom check ID, law widely ignored as of Apr 2005. (Thanks HND)
Italy #
Minimum Age: 18 to purchase. Regulated by state monopoly and growing tobacco requires licensure from the government. (Thanks DiO-LeCclo)
Japan #
Minimum Age: 20 to purchase pursuant a 1900 law. Available in vending machines, making age restriction difficult. Rarely enforced. (Unconfirmed) (Thanks Neocide and Quantum)
Mexico #
Minimum Age: 18 to purchase, law is widely ignored. Some stores and most street vendors ignore age requirement for anyone who can pay. (Unconfirmed) (Thanks Zio)
Netherlands #
Minimum Age: 16 to purchase, law is widely ignored. (Thanks jp)
Poland #
Minimum Age: 18 to purchase, law is widely ignored. (Thanks ms)
Portugal #
Minimum Age: 18 to purchase, recently changed from 16, law widely ignored. (Unconfirmed, Thanks d)
Romania #
Minimum Age: 18 to purchase, law universally ignored. Not illegal to smoke/possess under 18, smoking indoors allowed nearly everywhere. (Unconfirmed, Thanks p clyne)
Russia #
Minimum Age: 18 to purchase, law widely ignored. (Thanks mln)
Spain #
Minimum Age: 16 to purchase, but tobacco vending machines are widely available to those of all ages. (Thanks j)
U.K. #
No minimum age for smoking. Illegal to sell tobacco or cigarettes to anyone under 16.
If you have information about the legal status of this substance in any other country, please let us know.
CAUTION & DISCLAIMER #
Erowid legal information is a summary of data gathered from site visitors, government documents, websites, and other resources. We are not lawyers and can not guarantee the accuracy of the information provided here. We do our best to keep this information correct and up-to-date, but laws are complex and constantly changing. Laws may also vary from one jurisdiction to another (county, state, country, etc)...this list is not comprehensive.
RELATED RESOURCES #
STATE LINKS #
RJ Reynold's State Law Index (quite good)