Tobacco and Vapes Under Twenty One
N.J.S.A. 2A:170-51.4 — civil penalties from $500, and an offense for whoever hands it over
No one may sell, give or furnish cigarettes, tobacco in any form, or an electronic smoking device or its cartridges to a person under 21, including by vending machine, by free samples, or by a home delivery left without the signature of a resident at least 21.
Who handles this in New Jersey: Essex County Bar Association Lawyer Referral Service; and legal aid programs and the state offices, listed in the New Jersey directory.
| Violation | Civil penalty |
|---|---|
| ViolationFirst | Civil penaltyNot less than $500 |
| ViolationSecond | Civil penaltyNot less than $1,000 |
| ViolationThird and each after | Civil penalty$2,000 |
Delivering, selling or giving these products to someone under 21 is also an offense under the criminal code, a petty disorderly persons offense, on top of the civil penalty. A seller shown a government photo ID falsely saying the buyer was of age has a defense.
Cannabis items carry their own rules in the same sections, not covered here. A particular charge is a question for a licensed New Jersey attorney.
Sources for this section (2)
- N.J.S.A. 2A:170-51.4 — Sale or distribution of tobacco or electronic smoking devices to persons under 21
- N.J.S.A. 2C:33-13.1 — Providing tobacco or electronic smoking devices 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 New Jersey attorney.