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Tobacco and Vapes Under Twenty One

KRS 438.350 — no one under twenty one may possess or use tobacco, nicotine or vapor products

  • A person under twenty one may not possess or use tobacco, alternative nicotine or vapor products.
  • Products in plain view of the officer making the charge are confiscated.
  • The person may be required to do community service or attend a cessation program.
  • KRS 438.350
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No one may sell those products at retail to a person under twenty one, and sellers check proof of age when there is reason to believe a buyer is under it. On a second citation the clerk is fined $100 and the store owner $500; on a third, $100 and $1,000.

  • KRS 438.310
Sources for this section (2)
  1. KRS 438.310 — Sale of tobacco products or alternative nicotine products to persons under age 21 prohibited -- Penalties
  2. KRS 438.350 — Prohibition against possession or use of tobacco products, alternative nicotine products, or vapor products by persons under age 21 -- Exceptions -- Penalties

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

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