6.624 — MINOR IN POSSESSION OF TOBACCO

Violations of "Statute 6.624" constitutes an Infraction, punishable by a fine of up to $500, potential community service, mandatory education programs, and the possible issuance of a citation or juvenile report.

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(a) Definitions

Minor in Possession of Tobacco refers to any situation in which an individual under the age of 21 is found to be in actual or constructive possession of a tobacco product or nicotine delivery device. This statute applies to both traditional tobacco products and modern alternatives, including vapor-based systems.

Tobacco products include, but are not limited to:

• Cigarettes, cigars, cigarillos, and bidis

• Chewing tobacco, snuff, dip, and loose-leaf tobacco

• Rolling papers or any accessory used to prepare tobacco for consumption

• Vape pens, e-cigarettes, JUUL-style devices, disposable vapes

• Liquid nicotine pods, cartridges, or refill containers

• Any other product that contains or delivers nicotine derived from tobacco

Possession may be:

• Actual possession, meaning the product is physically on the person (e.g., in their hand, clothing, backpack, etc.)

• Constructive possession, meaning the product is in a space the minor controls or has access to (e.g., a locker, desk, vehicle, or room)

(b) Elements

To establish the offense of minor in possession of tobacco, the prosecution must prove beyond a reasonable doubt the following elements:

• The defendant was under the age of 21 at the time of the offense.

• The defendant had actual or constructive possession of a tobacco or nicotine product as defined above.

• The possession occurred in a public space, vehicle, school property, or any location where such possession is prohibited by law or regulation.

• The possession was not authorized or permitted under any lawful exception outlined in section (c).

(c) Defenses

A valid defense to this charge may be presented when the circumstances meet any of the following conditions:

• Law enforcement involvement: The minor was in possession solely for participation in a law enforcement-supervised compliance check, investigation, or training scenario.

• Surrender or disposal: The minor was actively attempting to dispose of or surrender the product to a parent, school authority, or law enforcement officer and was not using or intending to use it.

• Lack of knowledge: The minor did not know and could not reasonably have known the product contained nicotine or was classified as a tobacco product. For example, a mislabeled vape cartridge or fraudulent packaging.

• Temporary possession without intent: The minor held the item briefly for another person without intent to use, consume, or retain it.

(d) Aggravating Factors

When determining the severity of a penalty, the court may consider the presence of aggravating factors. These include:

• The violation occurred on or near school property, during a school event, or inside a school transport vehicle

• The minor was found to be distributing, sharing, or attempting to sell the tobacco product to other minors

• The offense occurred in combination with other legal violations, such as curfew breach, public disturbance, or alcohol possession

• The minor has prior tobacco-related offenses within the last 12 months, suggesting a repeated disregard for the law

• The product in question was altered or enhanced with another illicit substance (e.g., marijuana or synthetic compounds)