North Dakota Statewide Rule
North Dakota Tobacco Age 21 Requirements
Key Facts
- Statute
- NDCC 12.1-31-03
- Minimum Age
- 21 for all products
- Applies To
- Vape and nicotine products
- Seller Penalty
- Infraction, up to $500
- Minor Penalty
- $25 fine
Summary
North Dakota prohibits selling tobacco, electronic smoking devices, and alternative nicotine products to anyone under 21, and bars purchase, possession, or use by anyone under 21, under NDCC 12.1-31-03. This aligns with the federal Tobacco 21 minimum age and applies statewide.
12.1-31-03. Sale of tobacco, electronic smoking devices, or alternative nicotine products to an individual under twenty-one years of age and use by an individual under twenty-one years of age prohibited. 1. a. It is an infraction for any person to sell or furnish to an individual under twenty-one years of age, or procure for an individual under twenty-one years of age, cigarettes, cigarette papers, cigars, snuff, tobacco in any other form in which it may be utilized for smoking or chewing, electronic smoking devices, or alternative nicotine products. As used in this subdivision, "sell" includes dispensing from a vending machine under the control of the actor.
Full Breakdown
NDCC 12.1-31-03 makes it unlawful to sell or furnish tobacco products, electronic smoking devices, or alternative nicotine products to a person under 21, and separately bars anyone under 21 from purchasing, possessing, or using them. Retailers commonly check photo ID for younger-looking buyers. Retail sellers must also hold a tobacco dealer's license from the Office of the State Tax Commissioner under NDCC chapter 57-36. The age-21 rule conforms to the federal Tobacco 21 law and applies uniformly statewide.
Violations & Penalties
Selling to a person under 21 is an infraction under NDCC 12.1-31-03, with a fine up to $500. A person under 21 who purchases, possesses, or uses them faces a $25 fine. Repeat violations can jeopardize the dealer's license.
Frequently Asked Questions
What is the legal tobacco age in North Dakota?
Are 18 to 20 year olds in the military exempt?
What ID is acceptable for tobacco purchases?
Sources
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