Tobacco and Vapes Under Twenty One
SDCL § 34-46-2 — no one under twenty one may buy, have or use tobacco, and vapes count
It is unlawful to knowingly sell or give a tobacco product to a person under the age of twenty one, to buy one for them, and for a person under twenty one to buy, try to buy, receive, possess or consume one. A tobacco product here includes any vapor product, such as an electronic cigarette and its cartridges.
Who handles this in South Dakota: legal aid programs and the state offices, listed in the South Dakota directory.
| Also unlawful | The rule |
|---|---|
| Also unlawfulLoose cigarettes | The ruleSelling cigarettes other than in the maker's unopened package with the federal warnings |
| Also unlawfulVending machines | The ruleOnly where people under twenty one are kept out at all times |
| Also unlawfulFree samples | The ruleNot on a street, sidewalk or park within five hundred feet of a playground or school in use by young people |
The penalties are set in other sections not covered here. A particular ticket is a question for a licensed South Dakota attorney.
Sources for this section (2)
- SDCL § 34-46-2 — Unlawful actions
- SDCL § 34-46-20 — Tobacco product includes vapor product
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.