Health & Safety Code · §161.082
Sale of Tobacco or E-Cigarettes to Persons Under 21
Sale of Tobacco or E-Cigarettes to Persons Under 21 (§161.082): key points and worked practice questions for Texas peace officer exam preparation.
Key points
- Sale or gift of cigarettes, e-cigarettes, or tobacco products to a person younger than 21
- Tobacco, e-cigarettes, vape products
- Military exception: buyer is at least 18 and presents a valid military ID (§161.082(f))
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Worked examples
Worked example 1
Texas raised the age to purchase / use tobacco / e-cigarettes / vape products in 2019 (HSC §161.082). The minimum age is now:
- 18
- 21 (with limited military exception for active-duty members born on or before 8/31/2001) Correct
- 25
- 16
Why: Texas raised the minimum age for tobacco / e-cigarette / vape purchase and possession to 21. A military exception covers active-duty members born on or before 8/31/2001.
Statute: Tex. Health & Safety Code §161.082
Worked example 2
Sale or distribution of tobacco / e-cigarette products to a person under 21 (HSC §161.082) is what level?
- Felony
- Class C misdemeanor first offense (with civil penalties / TABC-style enforcement) Correct
- Class A misdemeanor
- Class B misdemeanor
Why: Sale to a minor is a Class C misdemeanor with civil penalty enforcement primarily by the State Comptroller's office and DSHS. Repeat retailer offenses can result in license suspension.
Statute: Tex. Health & Safety Code §161.082
Statutory definitions for this topic
- Tobacco / e-cigarette age (21) Tex. Health & Safety Code §161.082
- Texas raised the minimum age for tobacco / e-cigarette / vape purchase, possession, and use to 21 effective 2019. A military exception covers active-duty members born on or before August 31, 2001.