WHAT DOES THE LAW SAY?
OCGA §16-12-171 or the Georgia Tobacco 21 Law raises the minimum legal age for sales of tobacco, tobacco products, tobacco related objects, alternative nicotine, and vapor products from 18 to 21. More specifically, the law states that:
• It is unlawful for any person to sell or barter, directly or indirectly any cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products to any individual under the age of 21.
• It is unlawful for any person to purchase any cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products for any individual under the age of 21.
• It is unlawful for any person to advise, counsel, or compel any individual under the age of 21 years to smoke, inhale, chew, or use cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products.
• It is unlawful for any individual under the age of 21 to purchase, use or possess any cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products.
• It is unlawful for any individual to knowingly use a vapor product within a school safety zone.
WHAT HAPPENS IF SOMEONE UNDER 21 VIOLATES THIS LAW?
Anyone under the age of 21 years who is caught smoking or vaping may be subject to the following penalties:
• Up to 20 hours of community service related to increasing awareness of the health hazards of smoking and vaping or tobacco and vapor product use
• Required attendance at a publicly or privately sponsored lecture or discussion on the health hazards of smoking and vaping or tobacco and vapor product use
• If a person under 21 fails to complete the community service, or for a third or subsequent violation within the same calendar year as the first violation, they may have their driver’s license suspended for up to 45 days
Here are some answers to common questions about the law, which went into effect on July 22, 2020:
What is defined as a cigarette?
A cigarette means roll for smoking made wholly or in part of tobacco when the cover of the roll is paper or any substance other than tobacco.
What is defined as a tobacco product?
A tobacco product means any cigars, little cigars, granulated, plug cur, crimp cut, ready rubbed, and other smoking tobacco; snuff or snuff powder; cavendish; plug and twist tobacco; fine-cut and other chewing tobaccos; shorts, refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco prepared in such a manner as to be suitable for chewing or smoking in a pipe or otherwise, or both chewing and smoking.
What is defined as a tobacco related product?
Tobacco related objects means any papers, wrappers, or other products, devices, or substances, including cigar wraps, which are used for the purpose of making cigarettes or tobacco products in any form.
What is defined as a vapor product?
Vapor product means any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size that can be used to produce vapor or aerosol from nicotine or other substances in a solution or other form. Such term vapor product shall include, but shall not be limited to, any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor or aerosol cartridge or other container of nicotine or other substance in a solution or other form, including, but not limited to, a device component, part, or accessory of the device, that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.
What is defined as an alternative nicotine product?
An alternative nicotine product means any noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means.
MORE INFORMATION FOR RETAILERS
How will the new minimum legal sales age affect age verification?
The seller of any cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products must first verify an individual’s age by means of any document issued by a governmental agency containing a description of the individual, the individual's photograph, or both, and giving the individual's date of birth and includes, without being limited to, a passport, military identification card, driver's license, or a State of Georgia ID Card.
What signage is required in businesses that sell items regulated under this law?
Any business that sells products regulated by this law must post a sign that contains the following statement:
SALE OF CIGARETTES, TOBACCO, TOBACCO PRODUCTS, TOBACCO RELATED OBJECTS, ALTERATIVE NICOTINE PRODUCTS, OR VAPOR PRODUCTS TO INDIVIDUALS UNDER 21 YEARS OF AGE IS PROHIBITED BY LAW
What if I sell tobacco through a vending machine?
Any business that maintains a vending machine which dispenses cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products must post a sign that contains the following statement:
THE PURCHASE OF CIGARETTES, TOBACCO PRODUCTS, TOBACCO RELATED OBJECTS, ALTERNATIVE NICOTINE PRODUCTS, OR VAPOR PRODUCTS FROM THIS VENDING MACHINE BY ANY INDIVIDUAL UNDER 21 YEARS OF AGE IS PROHIBITED BY LAW
Products may be sold from a vending machine only if the machine is in locations which are not readily accessible to individuals under the age of 21 years, including, places which are not open to the general public; places open to the general public which do not admit individuals under the age of 21 years; and is located in a place that is not open to the general public and not generally accessible to anyone under the age of 21.
What are the penalties for violation?
Any individual seller who violates the Tobacco 21 law in Georgia is guilty of a misdemeanor.
Any person knowingly who allows an individual under the age of 21 years to operate a vending machine which dispenses cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products shall be guilty of a misdemeanor.
Any person that maintains a vending machine that fails to comply with the requirements shall be guilty of a misdemeanor.
It is a misdemeanor offense for any individual 21 or older to knowingly use a vapor product in a school safety zone.
As a retailer, what is my role in Tobacco 21?
As a retailer, you are a vital community partner in reducing youth and young adults’ access to any tobacco products. According to the Centers for Disease Control and Prevention, nicotine is highly addictive and harms brain development for adolescents and youth. Complying with the law, you are helping to improve the life-long health and well-being of youth and young adults. The FDA (Food and Drug Administration) has developed a program called “This is Our Watch” to help retailers understand both the importance of compliance with tobacco regulations as well as this greater purpose in protecting our nation’s youth.