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Tobacco Under Twenty One

Penal Code 308 — selling to anyone under 21 is the offense, with an exception for active duty military at 18

A person who sells, gives or furnishes tobacco, cigarettes, cigarette papers, blunt wraps, any other preparation of tobacco, or smoking paraphernalia to someone under 21 years of age faces a misdemeanor or a civil action brought by a city attorney, county counsel or district attorney.

  • Penal Code 308
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Who handles this in California: State Bar of California, Certified Lawyer Referral Services; and legal aid programs and the state offices, listed in the California directory.

WhoFirstSecondAfter that
WhoA personFirst$200Second$500After that$1,000
WhoA business, retailer or wholesalerFirst$500Second$1,000After that$5,000
  • Penal Code 308

Active duty military at 18. The rule does not apply to selling or furnishing to active duty military personnel 18 years of age or older, with an Armed Forces identification card as the proof of age.

  • Penal Code 308

A seller who asked for and reasonably relied on a government issued ID has a defense. The section sets penalties for the one who sells or furnishes; it does not set one for the buyer. A particular citation is a question for a licensed California attorney.

  • Penal Code 308
Sources for this section (1)
  1. Penal Code 308 — Selling or furnishing tobacco to a person under 21

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.

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