§ 1005 — Persons under 21 years of age; possession of tobacco products; misrepresenting age or purchasing tobacco products; penalty

(a)(1) A person under 21 years of age shall not possess, purchase, or attempt to purchase tobacco products, tobacco substitutes, or tobacco paraphernalia unless:
(A) the person is an employee of a holder of a tobacco license and is in possession of tobacco products, tobacco substitutes, or tobacco paraphernalia to effect a sale in the course of employment; or
(B) the person is in possession of tobacco products or tobacco paraphernalia in connection with Indigenous cultural tobacco practices.
(2) A person under 21 years of age shall not misrepresent his or her age to purchase or attempt to purchase tobacco products, tobacco substitutes, or tobacco paraphernalia.
(b) A person who possesses tobacco products, tobacco substitutes, or tobacco paraphernalia in violation of subsection (a) of this section shall be subject to having the tobacco products, tobacco substitutes, or tobacco paraphernalia immediately confiscated and shall be further subject to a civil penalty of $25.00. An action under this subsection shall be brought in the same manner as a traffic violation pursuant to 23 V.S.A. chapter 24.
(c) A person under 21 years of age who misrepresents the person’s age by presenting false identification to purchase tobacco products, tobacco substitutes, or tobacco paraphernalia shall be subject to a civil penalty of not more than $50.00 or provide up to 10 hours of community service, or both. (Added 1991, No. 70, § 2, eff. May 1, 1992; amended 1997, No. 58, § 5; 1997, No. 121 (Adj. Sess.), § 26; 2013, No. 14, § 5; 2015, No. 147 (Adj. Sess.), § 10, eff. May 31, 2016; 2017, No. 83, § 135; 2019, No. 27, § 3, eff. Sept. 1, 2019; 2023, No. 46, § 30, eff. June 5, 2023; 2025, No. 64, § 5, eff. June 12, 2025.)