Minimum age and youth access laws by state

113 bills on minimum age and youth access in 35 jurisdictions, 22 of them enacted in 2025 and 2026. The laws come first, with what each requires, then the bills that moved most recently.

  • 22 laws enacted in 2025 and 2026, in 13 states. Most: Indiana (5), Tennessee (3), Oregon (2).
  • 113 bills in 35 jurisdictions, 1 of them in Congress. Latest action 29 October 2026.

Updated 2 November 2026LawsRecent billsBy state

Enacted in 2025 and 2026

22 laws, by state. Laws enacted before 2025 are not listed.

Arkansas

  • Enacted

    SB 252: To inform the public of health risks caused by vapor products and e-liquid products; and to ensure the safety of arkansas youth.

    The act cannot be fully evaluated from this amendment text alone, as it shows only proposed changes to an engrossed bill. The amendment modifies definitions of e-liquid and vapor products, changes effective dates from July 1, 2025 to November 1, 2025, and adjusts penalty amounts.

Idaho

  • Enacted

    H 133: TOBACCO PRODUCTS AND ELECTRONIC SMOKING DEVICES – Amends, repeals, and adds to existing law to establish provisions regarding clean indoor air and prevention of minors’ access to tobacco products and electronic smoking devices.

    Permittees must obtain annual permits for each location to sell tobacco products or electronic smoking devices. Permittees must use vendor-assisted sales only and prohibit employees under 18 from selling these products. Permittees must display required signage and educate employees on age restrictions.

    Took effect 1 July 2025

Indiana

  • Enacted

    HB 1052: Various administrative law matters.

    Operators or individuals conducting sweepstakes games knowingly using the Internet in Indiana or involving Indiana residents must cease. Beer wholesalers may deliver beer to food manufacturers registered with the federal Food and Drug Administration for product integration. Wine retailers whose wine sales represent at least 60% of annual gross income may allow customer self-service for sealed wine bottles for off-premises consumption.

    Took effect 1 July 2026

  • Enacted

    SB 185: Alcohol and tobacco matters.

    Persons selling tobacco products or e-cigarettes at retail must obtain a valid tobacco sales certificate from the commission. Wholesalers must obtain a wholesale tobacco sales certificate. Manufacturers of e-liquid must obtain a permit. Retailers may not sell e-liquid products containing more than seventy-five milligrams per milliliter of nicotine. No person may manufacture, sell, or distribute foreign adversary products.

    Took effect 1 July 2026

  • Enacted

    SB 144: Tobacco, e-liquid, and vapor devices.

    A person who knowingly or intentionally makes a delivery sale of an e-liquid or vapor device to an individual less than 21 years of age commits a Class B infraction. A person who knowingly sells, distributes, or purchases a tobacco product or vapor device for delivery to a person less than 21 years of age commits a Class B infraction. A person less than 21 years of age who purchases, accepts, or possesses a vapor device commits a Class C infraction.

    Took effect 1 July 2026

  • Enacted

    HB 1001: State budget.

    Appropriates money for state operations, K-12 and higher education, Medicaid, and other services for fiscal years 2025-2027. Establishes tax exemptions for school supplies and recreational equipment, creates workforce and child care programs, and extends hospital assessment fee collection.

    Took effect 1 July 2025

  • Enacted

    HB 1275: Alcohol and tobacco commission matters.

    Distributors of taxable products must not sell, use, or distribute flavored nitrous oxide. Permit holders of retailers and craft manufacturers serving alcohol must maintain liquor liability insurance of at least five hundred thousand dollars ($500,000) or face permit denial, suspension, or revocation. Retail establishments must not sell tobacco products to persons under twenty-one (21) years of age.

    Took effect 1 July 2025

Kentucky

  • Enacted

    SB 100: AN ACT relating to tobacco, nicotine, or vapor product licensure.

    Beginning December 1, 2025, retailers must obtain a tobacco, nicotine, or vapor product license from the Department of Alcoholic Beverage Control before selling alternative nicotine products, tobacco products, or authorized vapor products. All sales must occur through face-to-face transactions at licensed premises. Manufacturers must sell only authorized vapor products and provide safe harbor certifications to wholesalers and retailers.

    Took effect 1 January 2026

Mississippi

  • Enacted

    SB 2691: MS Juvenile Tobacco Access Prevention Act; amend to prohibit the sale of tobacco or tobacco products to those under age 21.

    Persons and retailers must not sell, barter, deliver, or give tobacco products to individuals under 21 years of age, except to those holding a retailer's license. Sellers must request and examine government-issued photographic identification before selling tobacco products over the counter to individuals not known to be over 21. Point of sale warning signs at least 8.5 by 11 inches must be maintained at each tobacco sales location. Tobacco products cannot be sold through vending machines unless the machine is in an establishment where individuals under 21 are denied access or required to be accompanied by an adult.

Montana

  • Enacted

    HB 249: Include digital identifications in alcohol, tobacco, and marijuana laws

    Businesses that scan physical or digital government or tribal-issued identification to determine age for age-restricted items must use data only to determine age, may not transfer or sell that data, and must permanently delete it within 180 days. Sellers of tobacco products must require presentation of physical or digital identification if age is in reasonable doubt.

New Jersey

  • Enacted

    A 1813: Prohibits delivery of electronic smoking devices and tobacco products to individuals under 21 years of age.

    No person shall complete delivery of a tobacco product or electronic smoking device to a residence without obtaining the signature of an individual at least 21 years of age who resides there. No person shall place such products for delivery unless the package clearly indicates it contains tobacco or electronic smoking devices.

Oregon

  • Enacted

    SB 1571: Relating to consumer products for adults; and prescribing an effective date.

    Retailers of inhalant delivery systems must post a notice visible to seller and purchaser stating it is unlawful to sell such systems to persons under 21 years of age. Distributors and sellers must not distribute, sell, or allow sale of inhalant delivery systems unless labeled, packaged in child-resistant safety packaging, and not packaged in a manner attractive to minors, all per Oregon Health Authority rules.

  • Enacted

    HB 3940: Relating to wildfire; prescribing an effective date; and providing for revenue raising that requires approval by a three-fifths majority.

    Dealers must collect a five cent surcharge on each beverage container sold in Oregon and transfer collected amounts at least quarterly to the Department of the State Fire Marshal. The State Forester must provide forest protection at specified rates. Owners of forestland must file approved fire protection plans or pay assessments and surcharges.

South Carolina

  • Enacted

    S 287: Electronic Nicotine Delivery System Regulation

    Manufacturers of ENDS products must annually certify to the Attorney General that their products either were on the US market as of August 8, 2016 with a pending or denied premarket tobacco application, or have received a marketing granted order from the FDA. Retailers must hold a valid South Carolina Retail License and disclose ENDS product sales. No manufacturer, distributor, or retailer may sell ENDS products not listed on the Attorney General's directory.

South Dakota

  • Enacted

    HB 1220: regulate the sale of nicotine products, and to provide a penalty therefor.

    Persons selling nicotine products must obtain a license from the Department of Revenue before selling for resale, except licensed distributors or wholesalers under chapter 10-50. Nicotine product distributors must maintain sales documentation for three years and submit to inspections. Persons may not ship alternative nicotine products directly to consumers except through licensed distributors meeting age verification and payment requirements.

    Took effect 1 July 2026

  • Enacted

    SB 221: regulate the retail sale of nicotine products, and to provide a penalty therefor.

    Retailers must obtain a license from the Department of Revenue to sell nicotine products in South Dakota. Licensees must not sell to persons under twenty-one, must keep three-year inventory records, must not ship products to individuals, and must not sell through vending machines except in licensed establishments with age-verification systems.

    Took effect 1 July 2026

Tennessee

  • Enacted

    SB 2293: Tobacco, Tobacco Products - As enacted, expands the definition of "consumable material" to include natural and synthetic liquid nicotine solutions and liquid nicotine analogues for purposes of the taxation of vapor products containing such material; requires the alcoholic beverage commission to issue the fines for the offense of selling or offering for sale a vapor product for retail sale in this state to anyone under 21. - Amends TCA Title 39, Chapter 17; Title 43; Title 57 and Title 67, Chapter 4, Part 10.

    The act expands the definition of consumable material to include natural and synthetic liquid nicotine solutions and liquid nicotine analogues for vapor product taxation purposes. It redefines vapor products to mean noncombustible products containing consumable material that employ a mechanical heating element, battery, electronic circuit, or other mechanism to produce or emit visible or non-visible vapor.

  • Enacted

    SB 1740: Courts, Juvenile - As enacted, expands the disposition allowed when a person under 21 is found to have unlawfully purchased, possessed, accepted receipt of, or presented fraudulent proof of age to purchase tobacco, smoking hemp, a vapor product, or a smokeless nicotine product to include requiring community service work, the successful completion of a prescribed court program, or placing the person on an informal adjustment for a period of 90 days for a first violation, and, for a second or subsequent violation, placing the person on probation for up to six months in addition to requiring community service and the successful completion of a prescribed court program focusing on the dangers of tobacco and vapor products. - Amends TCA Title 39, Chapter 17, Part 15.

    General sessions or juvenile court must impose one or more of the following dispositions on a person under 21 found to have unlawfully purchased, possessed, accepted receipt of, or presented fraudulent proof of age to purchase tobacco, smoking hemp, a vapor product, or smokeless nicotine product: community service work not exceeding 50 hours, successful completion of a prescribed court program, civil penalty of $10 to $50, informal adjustment for 90 days, or for second or subsequent violation, probation up to six months plus community service and court program.

    Took effect 1 July 2026

  • Enacted

    SB 707: Tobacco, Tobacco Products - As enacted, specifies that a prospective purchaser of tobacco, smoking hemp, vapor products, or smokeless nicotine products must produce proof of age prior to the sale being made; increases from 30 to 50 years the apparent age above which a seller is not required to demand presentation of proof of age. - Amends TCA Title 39, Chapter 17 and Title 43, Chapter 27.

    A person engaged in the sale or distribution of tobacco, smoking hemp, vapor products, or smokeless nicotine products must demand proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that the person may be under fifty years of age. Mail distributors must obtain an affirmative statement that the recipient is twenty-one years of age or older.

    Took effect 1 July 2025

Texas

  • Enacted

    SB 2024: Relating to a prohibition on marketing, advertising, offering for sale, or selling certain e-cigarette products; increasing a criminal penalty; creating a criminal offense.

    A person must not market, advertise, sell, or cause to be sold an e-cigarette product in a container depicting cartoon characters aimed at minors, imitating trademarks marketed to minors, including symbols or celebrity images primarily used to market to minors, or resembling food products. A person must not sell e-cigarette products in shapes disguised as school supplies, electronics, headphones, clothing, backpacks, cosmetics, or toys. A person must not market, advertise, sell, or cause to be sold e-cigarette products manufactured in China.

    Took effect 1 September 2025

Virginia

  • Enacted

    HB 1946: Retail tobacco and hemp products; smoking by a person younger than 21 years of age, prohibitions.

    This is a conference committee report recommending rejection of the Senate Amendment and acceptance of an alternative amendment to resolve disagreements on House Bill 1946 regarding retail tobacco and hemp products and smoking prohibitions for persons younger than 21 years of age.

  • Enacted

    SB 1060: Retail tobacco and hemp products; smoking by a person younger than 21 years of age, prohibitions.

    No person younger than 21 years of age shall possess any retail tobacco product or hemp product intended for smoking, except when making a delivery in pursuance of employment, participating in approved medical research, or acting as a law-enforcement officer. Retail dealers must comply with sales restrictions and face penalties for violations.

Bills that moved most recently

The 25 open minimum age and youth access bills with the latest action. The Tobacco and Nicotine Tracker follows all 113.

  • New Jersey A 425: Increases penalties for certain prohibited sales of tobacco and vapor products.

    What it would do: Increases civil penalties for retailers selling tobacco and vapor products to persons under 21 years of age from $250/$500/$1,000 to $750/$1,500/$3,000 for first, second, and subsequent violations, and requires the Division of Taxation to suspend or revoke retail licenses after violations.

    Passed chamber

  • Pennsylvania HB 1434: An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in minors, further providing for the offense of sale of tobacco products; and imposing penalties.

    What it would do: Amends Pennsylvania law to impose specific penalties for retailers who sell electronic nicotine delivery systems to minors: $5,000 fine for first or second offense, and $5,000 fine plus permanent cigarette license revocation for third offense.

    Passed chamber

  • Alaska HCR 32: Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 24, relating to tobacco, tobacco products, electronic smoking products, nicotine, and products containing nicotine; raising the minimum age to purchase, exchange, or possess tobacco, a product containing nicotine, or an electronic smoking product; relating to the tobacco use education and cessation fund; and relating to the taxation of electronic smoking products and vapor products.

    Sent to governor

  • California SB 1314: Cigarette or tobacco product retailers: new retail locations and sale of nitrous oxide.

    What it would do: Effective July 1, 2027, prohibits smoke shops from locating within 600 feet of schools or daycare centers, restricts tobacco sales to 6:00 a.m. to 10:00 p.m., and prohibits possession or sale of nitrous oxide and related paraphernalia.

    Passed chamber

  • Puerto Rico PC 1070: Para crear la “Ley para reglamentar la venta de vaporizadores en Puerto Rico” a los fines de prohibir la venta de vaporizadores a menores de veintiún (21) años; prohibir la venta de toda sustancia líquida o cartucho con sabor y/o aroma distinto a la nicotina para uso de dispositivos de “vapeo” en Puerto Rico; prohibir la venta en línea de vaporizadores o cualquier sustancia líquida o cartucho a menores de veintiún (21) años; conceder al Departamento de Salud la facultad de reglamentar, establecer multas y autorizar la confiscación y disposición de los productos que estén en contravención de esta Ley; y para otros fines relacionados.

    What it would do: Prohibits sale of flavored vaping liquids and cartridges for electronic nicotine delivery systems in Puerto Rico, sale of such devices to persons under 21 years old, and digital advertising of these products to minors. Authorizes the Department of Health and Consumer Affairs to regulate, fine up to $5,000 per violation, and confiscate non-compliant products.

    Passed chamber

  • New York A 11509: Relates to restricting the sale of tobacco products and vapor products; repealer

    What it would do: Changes the age restriction for tobacco and vapor product sales from under twenty-one years of age to individuals born after December 31, 2007, effectively raising the minimum age to 21. Repeals one subdivision and amends multiple public health law sections to implement this birth date-based restriction.

    In committee

  • New York A 2102: Prohibits the sale of vape products that are made to be attractive to or target persons under the age of twenty-one

    What it would do: Prohibits persons operating businesses selling tobacco products, electronic cigarettes, liquid nicotine, and related items from selling or displaying any such products made to be attractive to or target persons under age twenty-one, or sold in packaging made to be attractive to or target such persons.

    In committee

  • Massachusetts H 5271: An Act to clarify the minimum age for the sale of adult-use products or services

    What it would do: Prohibits local authorities from enacting or enforcing generational bans or birth-date-based restrictions on the sale of products or services where the commonwealth has established a minimum legal age requirement, and voids any existing conflicting local ordinances.

    Passed committee

  • Michigan SB 463: Tobacco: other; minors that purchase, possess, or use tobacco products, vapor products, or alternative nicotine products; sunset criminal penalties and civil sanctions for. Amends sec. 2 of 1915 PA 31 (MCL 722.642).

    Passed chamber

  • Michigan SB 466: Tobacco: other; reference to 1915 PA 31 in the age of majority act of 1971; revise. Amends secs. 2 & 3 of 1971 PA 79 (MCL 722.52 & 722.53). TIE BAR WITH: SB 0463'25, SB 0464'25, SB 0465'25

    What it would do: Amends the Age of Majority Act to clarify that individuals 18 years or older are adults with full legal capacity, while explicitly excluding the Nicotine and Tobacco Act of 1915 and the Marihuana Regulation and Taxation Act from this provision.

    Passed chamber

  • Illinois HB 2634: Youth vaping prevention

    What it would do: Amends the Preventing Youth Vaping Act to exempt electronic cigarettes first sold before August 8, 2016 with pending premarket applications submitted by September 9, 2020 from adulteration prohibitions. Requires distributors and retailers to obtain manufacturer certifications that electronic cigarettes are not adulterated and limits their liability for false certifications.

    In committee

  • Tennessee HB 2360: Taxes, Privilege - As introduced, allocates 30 percent of the revenue from taxes on vapor products to counties in equal amounts to be used for youth nicotine prevention programs and services. - Amends TCA Title 67, Chapter 4, Part 10.

    What it would do: Requires 30 percent of revenue from taxes on vapor products to be allocated equally among counties for youth nicotine prevention programs and services, effective July 1, 2026.

    In committee

  • Congress S. 4257: Resources To Prevent Youth Vaping Act

    What it would do: Increases tobacco product user fees to $712 million annually through 2026, then $826.2 million for 2027, with subsequent adjustments for inflation. Beginning 2029, extends fees to all tobacco product classes deemed subject to FDA regulation, with fees allocated by gross domestic sales percentages.

    In committee

  • Massachusetts S 2999: An Act to clarify the minimum age for the sale and purchase of adult-use products

    What it would do: Preempts local laws that set minimum ages for purchasing alcohol, cannabis products, tobacco products, or participating in online sports gaming that differ from statewide minimums. Requires four state commissions to adopt regulations to administer this Act.

    Passed committee

  • New Jersey S 4019: Prohibits targeted advertisements that promote vapor products or use of vapor products to individuals under the age of 21 on social media platforms.

    What it would do: Prohibits any person from advertising vapor products or promoting their use on social media platforms in a manner that targets individuals under 21 years of age, with civil penalties up to $250,000 per violation.

    In committee

  • New Jersey S 4033: Increases penalties for certain prohibited sales of tobacco and vapor products.

    What it would do: Increases civil penalties for retailers selling tobacco and vapor products to persons under 21 years of age from $250/$500/$1,000 to $750/$1,500/$3,000 for first, second, and subsequent violations, and requires the Division of Taxation to establish compliance reporting and anonymous violation reporting mechanisms.

    In committee

  • Massachusetts H 2562: An Act to create a nicotine free generation

    What it would do: Prohibits the sale of tobacco products to persons born on or after January 1, 2006, effective January 1, 2027. Expands the definition of tobacco product to include nicotine delivery systems regardless of nicotine content, excluding FDA-approved cessation products.

    In committee

  • Virginia SB 142: Retail tobacco/hemp; sale of products intended for smoking to persons younger than 21 years of age.

    Passed chamber

  • Puerto Rico PS 241: Para enmendar la Sección 6042.08 de la Ley 1-2011, según enmendada, conocida como el “Código de Rentas Internas de Puerto Rico de 2011”, con el propósito de disponer para la suspensión de la licencia para traficar cigarrillos, al por mayor o al detal, o cualquier otra licencia relacionada con cigarrillos, por un término de doce (12) meses, y para imponerle multa administrativa de diez mil (10,000) dólares por cada incidente, sin perjuicio de lo establecido en la “Ley para Corregir la Explotación de Niños Menores de Edad”, a toda persona, natural o jurídica, o dueño o administrador de un negocio o establecimiento comercial que, no solo venda, done, dispense, despache o distribuya, sino que intente realizar acciones inequívocas e inmediatamente dirigidas a vender, donar, dispensar o distribuir cigarrillos, cigarrillos electrónicos, cigarros, tabaco para mascar o cualquier preparación de tabaco que se inhale o mastique a personas menores de veintiún (21) años; aplicar la pena antes descrita a quien induzca, aconseje, incite, persuada, tiente, manipule, coaccione o ayude o que intente inducir, aconsejar, incitar, persuadir, tentar, manipular, coaccionar o ayudar a personas menores de veintiún (21) años de edad a adquirir cigarrillos o cigarrillos electrónicos, cigarros, tabaco para mascar o cualquier preparación de tabaco que se inhale o mastique, entre otros; y para otros fines relacionados.

    What it would do: Amends Section 6042.08 of the 2011 Puerto Rico Internal Revenue Code to suspend cigarette licenses for twelve months and impose a ten thousand dollar administrative fine per incident against any person or business that sells, attempts to sell, or induces minors under twenty-one years to acquire cigarettes, e-cigarettes, cigars, chewing tobacco, or tobacco preparations.

    Passed chamber

  • Mississippi SB 2557: Nicotine-adjacent products; define to prohibit distribution of to minors and for inclusion as an ENDS product.

    What it would do: Defines nicotine-adjacent products and prohibits their sale to individuals under 21 years of age, with enhanced penalties for distribution near schools and public places. Includes nicotine-adjacent products in the definition of ENDS products and establishes a manufacturer certification and directory system.

    Passed chamber

  • Maryland HB 1282: Tobacco Products, Other Tobacco Products, and Electronic Smoking Devices - Advertising to Minors - Prohibition

    What it would do: Prohibits licensed sellers from directly or indirectly advertising tobacco products, other tobacco products, electronic smoking devices, or vaping liquid to individuals under 21 years old, and specifies prohibited advertising methods including cartoons, superheroes, and placement near schools or youth-oriented venues.

    In committee

  • New York A 6248: Makes it unlawful for a person under the age of 21 to possess tobacco or vaping products

    What it would do: Prohibits persons under 21 years old from possessing tobacco or vaping products. Allows courts to impose civil fines up to $50, require tobacco awareness programs, or community service up to 30 hours; permits officers to seize such products but not arrest for possession.

    In committee

  • Mississippi HB 1151: Nicotine-adjacent product; define and prohibit the sale to persons under 21 years of age.

    What it would do: Defines nicotine-adjacent products and prohibits their sale to individuals under 21 years of age. Establishes enhanced penalties for distribution near schools and public places, and requires ENDS product manufacturers to certify FDA compliance and register products with the Department of Revenue.

    In committee

  • West Virginia HB 4440: Permitting law enforcement to issue a citation when students are caught with nicotine in schools.

    What it would do: Amends West Virginia law to permit law enforcement to issue a citation to students enrolled in public schools or public charter schools who possess nicotine products, including electronic smoking devices and tobacco products, at school or associated school activities.

    In committee

  • West Virginia HB 4966: Increase the penalty for adults who buy vapes and cartiges for underage children

    What it would do: Amends West Virginia tobacco law to establish penalties for adults who purchase tobacco products for underage children, including fines up to $2,500 and jail time up to 60 days for third or subsequent offenses.

    In committee

Minimum age and youth access laws, state by state

Questions

Which states have minimum age and youth access laws?

States that enacted minimum age and youth access laws in 2025 and 2026: Indiana (5), Tennessee (3), Oregon (2), South Dakota (2), Virginia (2), Arkansas (1), Idaho (1), Kentucky (1), Mississippi (1), Montana (1), New Jersey (1), South Carolina (1) and Texas (1). Laws enacted before 2025 are not listed here.

Which states have the most minimum age and youth access bills?

New Jersey (11), Virginia (10), Indiana (9), Tennessee (9) and West Virginia (7). In all, 113 bills in 35 jurisdictions, the latest action on 29 October 2026.

What do minimum age and youth access bills cover?

The minimum sales age of 21, identification and compliance checks, penalties for sales to minors, possession and use by minors, and youth prevention programs. Each enacted law above has a line on what it requires.

Is this legal advice?

No. Which bills count as minimum age and youth access bills, and the line on what each law requires or each bill would do, are drafted by software and not reviewed by an attorney. Every bill links to the legislature’s own record: read the text before relying on it. The list covers bills from the 2025 and 2026 sessions.

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