The Statute: North Dakota Century Code 12.1-31-03
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.
- A person is guilty of an offense if they:
- Sell or provide tobacco products, electronic smoking devices, or alternative nicotine products to an individual under twenty-one years of age.
- Allow the sale or distribution of such products to individuals under twenty-one in their establishment.
- An individual under twenty-one years of age is guilty of an offense if they:
- Purchase, possess, or use tobacco products, electronic smoking devices, or alternative nicotine products.
- Exceptions include:
- Individuals under twenty-one years of age handling these products as part of their employment.
- Violations of this statute are classified as infractions.
Overview of the Prohibition
North Dakota law prohibits selling or providing tobacco products, electronic smoking devices, or alternative nicotine products to individuals under the age of twenty-one. It also criminalizes the possession, use, or purchase of such products by individuals under twenty-one. This statute reflects the state’s commitment to public health and adherence to federal age requirements.
Key Elements of the Offense
- Sale or Distribution: Knowingly selling or providing prohibited products to individuals under twenty-one.
- Possession or Use: Individuals under twenty-one knowingly purchasing, possessing, or using such products.
- Exceptions: Employment-based handling of these products by individuals under twenty-one.
Penalties for Violations
Infractions
| Penalty Category | Details |
|---|---|
| Maximum Fine for Sellers | $1,000 |
| Maximum Fine for Underage Individuals | $500 |
| Court Administration Fees | $125 |
| Criminal Record Impact | Infractions may be recorded, but do not result in incarceration |
Real-Life Examples of Violations
- Underage Sale: A convenience store clerk sells a pack of cigarettes to a 19-year-old without checking identification.
- False Identification: A 20-year-old uses a fake ID to purchase an electronic smoking device.
- Possession in Public: A minor is caught using a nicotine vape at a local park.
- Workplace Misuse: An underage employee takes tobacco products from their workplace for personal use.
- Failure to Enforce: A retailer fails to train employees on age verification requirements, leading to repeated sales to minors.
Defenses Against Charges
Lack of Knowledge
For sellers, the defense can argue they were unaware the purchaser was under twenty-one due to the presentation of a false or misleading ID. Evidence of ID verification procedures can support this defense.
Employment-Based Handling
Individuals under twenty-one handling these products as part of legitimate employment duties are exempt. For example, a 19-year-old stocking shelves in a convenience store is not in violation of the law.
No Intent to Purchase or Use
An individual under twenty-one caught with tobacco products may argue the items were not theirs and there was no intent to purchase, possess, or use them. Witness testimony or lack of direct evidence can support this defense.
Improper Enforcement or Procedure
If law enforcement failed to follow proper procedures during the investigation, such as unlawfully searching personal belongings, this can lead to a dismissal of charges.
How a Lawyer Can Help
An attorney is essential for navigating charges under this statute. They can:
- Evaluate Evidence: Determine whether ID verification or procedural errors occurred.
- Develop Defenses: Tailor strategies to the specific circumstances of the case.
- Negotiate Outcomes: Seek alternative penalties, such as community service or educational programs.
- Advocate in Court: Represent clients during hearings to protect their rights.
Frequently Asked Questions
What products are covered by this law?
The statute includes tobacco products, electronic smoking devices, and alternative nicotine products such as nicotine pouches or vapes.
What are the penalties for selling tobacco to minors?
Sellers can face fines up to $1,000 per violation and associated court administration fees.
Are minors allowed to handle tobacco products at work?
Yes. Individuals under twenty-one may handle these products as part of their employment duties, such as stocking shelves or working at a point of sale.
What should I do if falsely accused of selling tobacco to a minor?
Consult an attorney immediately. Evidence of ID verification and employee training programs can support your defense.
Can I be charged for using a fake ID to purchase tobacco?
Yes. Using a fake ID to purchase prohibited products is a separate offense and may result in additional penalties.
Is possession of tobacco by minors always illegal?
Yes, unless it occurs as part of employment-related duties. Possession for personal use is prohibited under this statute.
Are parents liable if their child violates this law?
Parents are not typically criminally liable but may face civil consequences if they enable or knowingly allow the violation.
Can fines for minors be reduced?
Yes. Courts may impose alternative penalties, such as community service or participation in educational programs.
What happens if a retailer repeatedly violates this law?
Repeat violations may lead to increased fines, loss of business licenses, or other regulatory penalties.
How does this law compare to federal regulations?
North Dakota’s law aligns with federal regulations that set the minimum age for purchasing tobacco and related products at twenty-one.
Can a minor’s record be expunged?
Expungement eligibility depends on state laws and the specific circumstances of the case. Consult an attorney for guidance.
Are nicotine cessation products covered under this law?
No. Products approved for nicotine cessation, such as nicotine gum or patches, are not included in this statute.
How can retailers ensure compliance?
Retailers should implement robust ID verification policies, provide employee training, and use technology to flag underage purchases.
Is public possession treated differently than private possession?
No. Possession is prohibited regardless of whether it occurs in public or private settings.
Can I be arrested for violating this law?
Violations are classified as infractions, which generally do not result in arrest but may include fines and other penalties.
Are there penalties for failing to verify age?
Yes. Failure to verify age before selling covered products can result in fines and other enforcement actions.
How can I challenge a fine for selling to a minor?
You can present evidence, such as records of ID verification, employee training logs, or surveillance footage, to dispute the charge.
What should I do if caught using tobacco products as a minor?
Contact an attorney to explore options for minimizing penalties and understanding your rights.
Why is this law important?
This law protects public health by reducing access to tobacco and nicotine products among individuals under twenty-one, helping to prevent addiction and related health issues.