Tobacco and Vapes Under Twenty One
Health & Safety 161.082 — 21 to buy, with an exception for a military ID at 18
A person commits an offense by selling or giving a cigarette, e-cigarette or tobacco product, with criminal negligence, to someone younger than 21, or to someone who intends to deliver it to someone younger than 21. A store employee who makes the sale is the one criminally responsible. It is a Class C misdemeanor.
Who handles this in Texas: State Bar of Texas, Lawyer Referral and Information Service; and legal aid programs and the state offices, listed in the Texas directory.
Someone younger than 21 commits an offense by possessing, buying, using or accepting one, or by showing false proof of age to get one. The fine is up to $100, and the court tells the person they may apply to have the conviction expunged on or after their 21st birthday.
The military exception. Neither rule applies to a buyer who is at least 18 and shows a valid military identification card of the United States or state military forces at the time of purchase.
A seller who was shown apparently valid government photo ID has a defense, and a young employee handling tobacco as part of the job is outside the possession rule. A particular charge is a question for a licensed Texas attorney.
Sources for this section (2)
- Health & Safety 161.082 — Sale of cigarettes, e-cigarettes or tobacco products to persons younger than 21
- Health & Safety 161.252 — Possession, purchase or receipt of tobacco products by persons younger than 21
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.