1997 Minnesota Statutes

     609.685 Sale of tobacco to children. 

    Subdivision 1.    Definitions.  For the purposes of this 
 section, the following terms shall have the meanings 
 respectively ascribed to them in this section. 

    (a) "Tobacco" means cigarettes; cigars; cheroots; stogies; 
 perique; granulated, plug cut, crimp cut, ready rubbed, and 
 other smoking tobacco; snuff; snuff flour; 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 manner as to 
 be suitable for chewing or smoking in a pipe or other 
 tobacco-related devices.  

    (b) "Tobacco related devices" means cigarette papers or 
 pipes for smoking. 

    Subd. 1a.    Gross misdemeanor.  (a) Whoever sells 
 tobacco to a person under the age of 18 years is guilty of a 
 gross misdemeanor.  

    (b) It is an affirmative defense to a charge under this 
 subdivision if the defendant proves by a preponderance of the 
 evidence that the defendant reasonably and in good faith relied 
 on proof of age as described in section 340A.503, subdivision 6. 

    Subd. 2.    Misdemeanor.  Whoever furnishes tobacco or 
 tobacco-related devices to a person under the age of 18 years is 
 guilty of a misdemeanor. 

    Subd. 3.    Petty misdemeanor.  Whoever possesses, 
 smokes, chews, or otherwise ingests, purchases, or attempts to 
 purchase tobacco or tobacco related devices and is under the age 
 of 18 years is guilty of a petty misdemeanor.  This subdivision 
 does not apply to a person under the age of 18 years who 
 purchases or attempts to purchase tobacco or tobacco related 
 devices while under the direct supervision of a responsible 
 adult for training, education, research, or enforcement purposes.

    Subd. 4.    Effect on local ordinances.  Nothing in 
 subdivisions 1 to 3 shall supersede or preclude the continuation 
 or adoption of any local ordinance which provides for more 
 stringent regulation of the subject matter in subdivisions 1 to 
 3.  

    Subd. 5.    Exception.  Notwithstanding subdivision 2, 
 an Indian may furnish tobacco to an Indian under the age of 18 
 years if the tobacco is furnished as part of a traditional 
 Indian spiritual or cultural ceremony.  For purposes of this 
 subdivision, an Indian is a person who is a member of an Indian 
 tribe as defined in section 257.351, subdivision 9. 

    HIST: 1963 c 753 art 1 s 609.685; 1981 c 218 s 1,2; 1986 c 352 
 s 4; 1989 c 290 art 3 s 33,34; 1992 c 588 s 1; 1993 c 224 art 9 
 s 44,45; 1994 c 636 art 2 s 44