TOBACCO POSSESSION BY MINORS
On August 28, 2001, House Bill 381 became law. Among other things, it makes possession of tobacco products by a minor an infraction. While most schools already prohibit tobacco possession by students on school property and at school activities, school administrators and boards may want to review their policies to ensure that they comply with the law. Following are the provisions of House Bill 381 that apply to minors in possession of tobacco products.
407.933.1. No person less than 18 years of age shall purchase, attempt to purchase or possess cigarettes or other tobacco products unless such person is an employee of a seller of cigarettes or tobacco products and is in such possession to effect a sale in the course of employment, or an employee of the division of liquor control for enforcement purposes pursuant to subsection 5 of Section 407.934.
2. Any person less than 18 years of age shall not misrepresent his or her age to purchase cigarettes or tobacco products.
3. Any person who violates the provisions of this section shall be penalized as follows:
(a) For the first violation, the person is guilty of an infraction and shall have any cigarettes or tobacco products confiscated;
(b) For a second violation and any subsequent violations, the person is guilty of an infraction, shall have any cigarettes or tobacco products confiscated and shall complete a tobacco education or smoking cessation program, if available.
Smoking and Tobacco in Missouri Facts