Tobacco and Vapes Under Twenty One
Minn. Stat. 609.685 — a petty misdemeanor for the adult who hands it over
Any person 21 years of age or older who sells, gives or otherwise furnishes tobacco, tobacco related devices, or electronic delivery devices to a person under the age of 21 years is guilty of a petty misdemeanor the first time, and a misdemeanor for another violation within five years. Reasonable, good faith reliance on proof of age is an affirmative defense.
Who handles this in Minnesota: legal aid programs and the state offices, listed in the Minnesota directory.
A person under 21 who uses a license, permit, ID card or any false identification to buy these products is subject only to an alternative civil penalty developed locally, not a criminal one.
Cities and counties may adopt stricter ordinances. Tobacco furnished as part of a traditional Indian spiritual or cultural ceremony is outside the section. A particular charge is a question for a licensed Minnesota attorney.
Sources for this section (1)
- Minn. Stat. 609.685 — Sale of tobacco to persons under age 21
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Minnesota attorney.