Tobacco and Vapes Under Twenty One
RCW 26.28.080 — selling to anyone under 21 is a gross misdemeanor
A person who sells or gives, or lets someone sell or give, any cigar, cigarette, cigarette paper or wrapper, tobacco in any form, alternative nicotine product or vapor product to anyone under 21 is guilty of a gross misdemeanor. Acting for someone else is no defense.
Who handles this in Washington: King County Bar Association, Lawyer Referral Service; and legal aid programs and the state offices, listed in the Washington directory.
Where age is in question, the retailer requires photo ID with a signature: a driver's license, instruction permit or ID card, a state identicard, and the other cards the section lists. A seller who reasonably relied on one has a defense.
Under 18, a civil infraction. A person under 18 who buys, tries to buy, has or obtains tobacco or a vapor product commits a class 3 civil infraction and may be given up to four hours of community service and a free smoking cessation program.
Licensing of tobacco and vapor retailers is in other sections not covered here. A particular charge is a question for a licensed Washington attorney.
Sources for this section (4)
- RCW 26.28.080 — Selling or giving tobacco or vapor products to persons under 21
- RCW 70.155.090 — Age identification requirement
- RCW 70.155.080 — Purchase or possession of tobacco by persons under 18
- RCW 70.345.140 — Purchase or possession of vapor products by persons under 18
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Washington attorney.