In Texas, state law governs the possession of tobacco and vaping products by underage individuals to address public health concerns associated with early tobacco use. Understanding the specifics of these laws, from what constitutes an offense to the legal process that follows a citation, is important for young people and their families across the state. This article provides an overview of the legal landscape surrounding minor in possession of tobacco laws in Texas.
Understanding the Minor in Possession Law
The foundation of Texas’s regulations is in the Health and Safety Code, which establishes the legal age for possessing tobacco products. Following federal “Tobacco 21” legislation, Texas law prohibits individuals under 21 from possessing, purchasing, consuming, or accepting cigarettes, e-cigarettes, or tobacco products.1Texas.Public.Law. Texas Health and Safety Code Section 161.252 – Possession, Purchase, Consumption, or Receipt of Cigarettes, E-cigarettes, or Tobacco Products by Minors Prohibited This makes the term “minor” in this context apply to anyone under 21. The law is comprehensive in its definition of a “tobacco product,” including traditional cigarettes, cigars, and smokeless tobacco.
The statute explicitly includes e-cigarettes and any related vaping devices or liquids, regardless of whether they contain nicotine. Legally, “possession” refers to having actual care, custody, control, or management of the prohibited item. This means an individual does not have to be caught actively using the product; simply having it in their pocket, backpack, or vehicle can constitute a violation.
There is a specific, limited exception for members of the military. An individual who is at least 18 years old and presents a valid military identification card at the time of purchase is exempt from the state’s restrictions. Another narrow exception applies if an individual under 21 possesses a tobacco product as part of their employment, under the supervision of their employer. Outside of these specific circumstances, the restrictions are firmly in place for all individuals under 21.
Consequences for Tobacco Possession by Minors
A violation of the state’s tobacco possession law is classified as a Class C misdemeanor, the lowest level of criminal offense in Texas. While it does not involve jail time, a conviction carries specific legal penalties. For a first-time offense, the law stipulates a fine not to exceed $100. Courts are also mandated to impose other requirements aimed at education and prevention.
Upon conviction, the court will typically require the individual to attend a state-approved tobacco awareness program.2Texas.Public.Law. Texas Health and Safety Code Section 161.253 – E-cigarette and Tobacco Awareness Program; Community Service These programs are designed to educate young people on the health risks associated with tobacco and nicotine use. A court will likely also order the individual to complete a certain number of hours of community service, and the specific number of hours can vary depending on the circumstances.
The legal consequences can become more significant with repeated offenses. Subsequent violations can lead to increased fines within the Class C misdemeanor range and potentially more demanding community service requirements. A conviction results in a criminal record. However, on or after the individual’s 21st birthday, they may apply to the court to have the conviction expunged, which would remove it from their record.3Texas.Public.Law. Texas Health and Safety Code Section 161.255 – Expungement of Conviction
Navigating a Citation for Tobacco Possession
When a law enforcement officer cites an individual under 21 for possessing a tobacco or e-cigarette product, the person is issued a formal citation rather than being arrested. This legal document functions as a notice to appear in court and specifies the alleged offense. The case is handled in a municipal court or a justice of the peace court, and the citation will include a date by which the individual or their parent must contact the court.4Texas State Legislature. Code of Criminal Procedure Chapter 4. Courts and Criminal Jurisdiction
The individual cited is required to appear in court for all proceedings. If the defendant is younger than 17, Texas law mandates that a parent or legal guardian must also be present during these court appearances. For offenders aged 17 and older, the presence of a parent is not legally required. During the first court date, the individual will be asked to enter a plea of guilty, not guilty, or no contest.
Many courts offer a path known as deferred disposition for first-time offenders. If granted, the individual must complete specific conditions set by the judge, which often include paying a fee, attending a tobacco awareness class, and completing community service. They must also avoid any other legal violations for a set period, typically 90 to 180 days.
If all conditions are met successfully, the court will dismiss the charge, and it will not result in a final conviction on the person’s record. Should deferred disposition not be offered or if the individual fails to complete the requirements, a conviction will be entered. This requires payment of the fine and creates a record of the offense.