Pennsylvania Statewide Rule
Pennsylvania Tobacco Age 21 – Act 112 of 2019
Key Facts
- Minimum Sale Age
- Minimum sale age: 21 (PA Act 112 of 2019 + federal T21)
- Covers Cigarettes
- Covers cigarettes, cigars, e-cigarettes, vapes, hookah
- Pa Department Of
- PA Department of Revenue licenses tobacco retailers
- Cities Cannot Lower
- Cities cannot lower the age below 21
- No Statewide Flavored
- No statewide flavored tobacco ban
- Military Grandfather
- Military grandfather: 18+ active duty pre-July 2020 exempt
Summary
Pennsylvania Act 112 of 2019 raised the minimum age to purchase tobacco and e-cigarettes to 21, aligning with the federal Tobacco 21 law (Dec 2019). The state law covers all tobacco products including vapes, hookah, and nicotine pouches. Cities cannot lower the age, and flavored vape regulation is handled at the state retail license level.
Except as set forth in subsection (f), a person is guilty of a summary offense if the person: (1) sells a tobacco product to any minor; (2) furnishes, by purchase, gift or other means, a tobacco product to a minor; (3) (Deleted by amendment). (4) locates or places a vending machine containing a tobacco product in a location accessible to minors; (5) displays or offers a cigarette for sale out of a pack of cigarettes; or (6) displays or offers for sale tobacco products in any manner which enables an individual other than the retailer or an employee of the retailer to physically handle tobacco products prior to purchase unless the tobacco products are located within the line of sight or under the control of a cashier or other employee during business hours, except that this paragraph shall not apply to retail stores which derive 75% or more of sales revenues from tobacco products.
Full Breakdown
Act 112 of 2019 (72 P.S. §215-A et seq.), signed November 2019 and effective July 2020, raised Pennsylvania's minimum age for the sale and possession of tobacco products to 21. The state law operates alongside the federal Tobacco 21 law signed December 2019, which provides a nationwide floor. The PA law covers cigarettes, cigars, smokeless tobacco, electronic cigarettes, vape devices, e-liquids, hookah, and any product containing nicotine. Retailers must hold a Cigarette Dealer's License from the PA Department of Revenue under 72 P.S. §202-A and an Electronic Cigarette Retailer License from the Department of Revenue. Active-duty military personnel who were 18 or older on July 1, 2020 are grandfathered. Pennsylvania has not enacted a statewide flavored tobacco ban: flavor restrictions are handled through the state retail licensing scheme. Cities cannot lower the minimum age below 21 but generally cannot impose stricter retail rules beyond the state license either.
Violations & Penalties
Selling tobacco to a person under 21 carries fines under 18 Pa.C.S. §6305: $100–$500 first offense, $250–$1,000 second offense, and up to $1,500 plus license suspension for third and subsequent offenses within 12 months. Furnishing tobacco to a minor is a summary offense. License revocation possible for repeat violators. Failure to post age-of-sale signage is a separate $100 fine.
Frequently Asked Questions
What is the minimum age to buy tobacco in Pennsylvania?
Can my city in PA lower the tobacco age to 18?
Are flavored vapes banned in Pennsylvania?
Sources
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