What's happening
This bill makes it illegal for anyone under 21 to possess tobacco or vaping products, with civil penalties and product confiscation.
Why it matters
Shifts responsibility for underage possession from criminal to civil. The bill ensures that those under 21 caught with tobacco or vaping products face only civil penalties—like fines or community service—rather than criminal records, protecting future educational or job opportunities.
Allows confiscation and destruction of products. Law enforcement is authorized to seize tobacco or vaping products from under-21 individuals, with procedures for potential return if the seizure was improper or if justice requires it, which could impact youth access and deter possession.
No arrests or criminal convictions. The law specifically forbids arresting minors for possession and ensures that findings of possession will not count as criminal convictions or affect eligibility for public benefits, offices, or licenses, reducing long-term consequences for youth.
Includes both traditional tobacco and vaping products. By defining vaping broadly, the law covers not just cigarettes but also e-cigarettes and associated devices, adapting to changing patterns in youth substance use.
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Who cares
Headline styles
Ban Under-21 Tobacco Possession
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 39
No co-sponsors yet.
History
- Referred to health
- Referred to rules
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6826
2019-2020 Regular Sessions
IN SENATE
November 1, 2019
Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the public health law, in relation to making it unlawful for a person under the age of twenty-one to possess tobacco and vaping products
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Article 13-F of the public health law is amended by adding a new section 1399-mm-1 to read as follows:
§ 1399-mm-1. Unlawful possession of tobacco or vaping products by persons under the age of twenty-one years. 1. Except as otherwise provided in this section, no person under the age of twenty-one years shall possess any tobacco or vaping product.
2. Any person who unlawfully possesses a tobacco or vaping product may be summoned before and examined by a court having jurisdiction of that charge; provided, however, that nothing in this section shall authorize or be construed to authorize a peace officer, a police officer or an enforcement officer to arrest a person who unlawfully possesses a tobacco or vaping product. If a determination is made sustaining such charge the court may impose a civil fine not exceeding fifty dollars and/or completion of a tobacco awareness program if such program is being offered and/or an appropriate amount of community service not to exceed thirty hours.
3. No such determination shall operate as a disqualification of any such person subsequently to hold public office, public employment or as a forfeiture of any right or privilege or to receive any license granted by public authority; and no such person shall be denominated a criminal by reason of such determination, nor shall such determination be deemed a conviction.
4. Whenever a peace officer, police officer or an enforcement officer shall observe a person under twenty-one years of age openly in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14056-01-9
S. 6826 2
possession of a tobacco or vaping product, such officer may seize the tobacco or vaping product and shall deliver it to the custody of his or her department.
5. Any tobacco or vaping product seized in violation of this section is hereby declared a nuisance. The official to whom the tobacco or vaping product has been delivered shall, no earlier than three days following the return date for initial appearance on the summons, dispose of or destroy the tobacco or vaping product seized or cause it to be disposed of or destroyed. Any person claiming ownership of a tobacco or vaping product seized under this section may, on the initial return date of the summons or earlier on five days notice to the official or department in possession of the tobacco or vaping product, apply to the court for an order preventing the destruction or disposal of the tobacco or vaping product seized and ordering the return of that tobacco or vaping product. The court may order the tobacco or vaping product returned if it is determined that return of the tobacco or vaping product would be in the interest of justice or that the tobacco or vaping product was improperly seized.
6. For purposes of this section, "vaping products" shall mean the use of an electronic cigarette or any products associated with the use of such.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to making it unlawful for a person under the age of twenty-one to possess tobacco and vaping products
Purpose
To prevent teenagers and young adults from becoming addicted to nico- tine.
Summary of provisions
Section 1: Amends the public health law to make possession of any tobac- co or vaping product by people under age 21 illegal. Specifies that possession of these products is not grounds for arrest and sets a maxi- mum fine of $50 dollars and/or completion of a tobacco awareness program, and/or an appropriate amount of community service not to exceed 30 hours.
Section 2: Effective date.
Justification
Smoking or vaping nicotine products leads to addiction and dramatically increases the risk of death from cancer, respiratory diseases, and seri- ous health issues. New York is increasingly taking action to protect older teens and young adults from severe risks. In 2019, the Legislature passed a bill (S2833) to raise the minimum age to purchase tobacco products from 18 to 21 years old. This bill would go further in making possession (not just purchase) of tobacco or vaping products illegal for people under age 21. The purpose of the bill is to curb smoking by adolescents by allowing minors found in possession of tobacco products to be cited.
Legislative history
New bill
Fiscal implications
None
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.