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.
b. It is an infraction for any person to display or offer for sale 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
through a self-service display. This subdivision does not apply to a:
(1) Vending machine or other coin-operated machine that is permitted under
section 12.1-31-03.1; or
(2) Self-service display that is located in a tobacco specialty store.
2. It is a noncriminal offense for an individual eighteen years of age or older but under
twenty-one years of age, and an infraction for an individual fourteen years of age or
older but under eighteen years of age, to purchase, possess, smoke, or use cigarettes,
cigars, cigarette papers, snuff, tobacco in any other form in which it may be utilized for
smoking or chewing, electronic smoking devices, or alternative nicotine products.
However, an individual under twenty-one years of age may purchase and possess
tobacco, electronic smoking devices, or alternative nicotine products as part of a
compliance survey program when acting with the permission of the individual's parent
or guardian and while acting under the supervision of any law enforcement authority. A
state agency, city, county, board of health, tobacco, electronic smoking devices, or
alternative nicotine products retailer, or association of tobacco, electronic smoking
devices, or alternative nicotine products retailers may also conduct compliance
surveys, after coordination with the appropriate local law enforcement authority.
3. Subsections 1 and 2 do not apply to an individual under twenty-one years of age who
possesses cigarettes, cigarette papers, cigars, snuff, tobacco in any other form in
which it may be used for smoking or chewing, electronic smoking devices, or
alternative nicotine products when required in the performance of the individual's
duties as an employee.
4. It is a noncriminal offense for an individual under twenty-one years of age to present or
offer to another individual a purported proof of age which is false, fraudulent, or not
actually that individual's own proof of age, for the purpose of attempting to purchase or
possess cigarettes, cigars, cigarette papers, snuff, tobacco in any other form in which
it may be utilized for smoking or chewing, electronic smoking devices, or alternative
nicotine products.
5. A city or county may adopt an ordinance or resolution regarding the sale of tobacco,
electronic smoking devices, or alternative nicotine products to individuals under
twenty-one years of age and use of tobacco, electronic smoking devices, or alternative
nicotine products by individuals under twenty-one years of age which includes
prohibitions in addition to those in subsection 1, 2, or 4. Any ordinance or resolution
adopted must include provisions deeming a violation of subsection 2 or 4 a
noncriminal violation and must provide for a fee of not less than twenty-five dollars for
an individual fourteen years of age or older who has been charged with an offense
under subsection 2 or 4. The failure to post a required bond or pay an assessed fee by
an individual found to have violated the ordinance or resolution is punishable as a
contempt of court, except an individual under twenty-one years of age may not be
imprisoned for the contempt.
6. An individual fourteen years of age or older but under eighteen years of age found to
have violated subsection 2 or 4 has committed an infraction and must be sent to
juvenile court. An individual eighteen years of age or older but under twenty-one years
of age found to have violated subsection 2 or 4 must pay a fee of twenty-five dollars.
a. Any individual who has been cited for a violation of subsection 2 or 4 may appear
before a court of competent jurisdiction and pay the fee by the time scheduled for
a hearing, or if bond has been posted, may forfeit the bond by not appearing at
the scheduled time. An individual appearing at the time scheduled in the citation
may make a statement in explanation of that individual's action and the judge
may waive, reduce, or suspend the fee or bond, or both. If the individual cited
follows the procedures of this subdivision, that individual has admitted the
violation and has waived the right to a hearing on the issue of commission of the
violation. The bond required to secure appearance before the court must be
identical to the fee. This subdivision does not allow a citing officer to receive the
fee or bond.
b. If an individual cited for a violation of subsection 2 or 4 does not choose to follow
the procedures provided under subdivision a, that individual may request a
hearing on the issue of the commission of the violation cited. The hearing must
be held at the time scheduled in the citation or at some future time, not to exceed
ninety days later, set at that first appearance. At the time of a request for a
hearing on the issue on commission of the violation, the individual cited shall
deposit with the court an appearance bond equal to the fee for the violation cited.
c. The failure to post bond or to pay an assessed fee is punishable as a contempt of
court, except an individual may not be imprisoned for the contempt.
7. The prosecution must prove the commission of a cited violation under subsection 2
or 4 by a preponderance of the evidence.
8. A law enforcement officer that cites a minor for violation of this section shall mail a
notice of the violation to the parent or legal guardian of the minor within ten days of the
citation.
9. A person adjudged guilty of contempt for failure to pay a fee or fine may be sentenced
by the court to a sanction or order designed to ensure compliance with the payment of
the fee or fine or to an alternative sentence or sanction including community service.
10. As used in this section:
a. "Alternative nicotine product" means any noncombustible product containing
nicotine that is intended for human consumption, whether chewed, absorbed,
dissolved, or ingested by any other means. The term does not include any
cigarette, cigar, snuff, tobacco in any other form in which it may be utilized for
smoking or chewing, any electronic smoking device, or any product regulated as
a drug or device by the United States food and drug administration under
chapter V of the Federal Food, Drug, and Cosmetic Act [21 U.S.C 501 et seq.].
b. "Electronic smoking device" means any electronic product that delivers nicotine
or other substances to the individual inhaling from the device, including, an
electronic cigarette, e-cigar, e-pipe, vape pen, or e-hookah. Electronic smoking
device includes any component, part, or accessory of such a product, whether or
not sold separately. Electronic smoking device does not include drugs, devices,
or combination products approved for sale by the United States food and drug
administration, as those terms are defined in the Federal Food, Drug and
Cosmetic Act [52 Stat. 1040; 21 U.S.C. 301 et seq.].
c. "Self-service display" means a display that contains cigarettes, cigarette papers,
cigars, snuff, tobacco in any other form which it may be utilized for smoking or
chewing, electronic smoking devices, or alternative nicotine products and is
located in an area that is openly accessible to the retailer's customers, and from
which customers can readily access those products without the assistance of a
salesperson. A display case that holds those products behind locked doors does
not constitute a self-service display.
d. "Tobacco specialty store" means a retail store that:
(1) Derives at least seventy-five percent of its revenue from the sale of
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; and
(2) Does not permit minors to enter the premises unless accompanied by a
parent or legal guardian.
e. "Vending machine" means a machine, appliance, or other mechanical device
operated by currency, token, debit card, credit card, or other means of payment
that is designed or used for vending purposes, including machines or devices that
use remote control locking mechanisms.