New Delaware tobacco law

  • Published
  • 436th Airlift Wing Legal Office
DOVER AIR FORCE BASE, Del. --  The State of Delaware has implemented new laws regarding purchasing tobacco and other products containing nicotine. The new law, which went into effect on July 16th, raises the age for purchasing these products from 18 to 21. While the law is being referred to in local news as the “Smoking Law,” the age raise applies to more products than just cigarettes. All products containing tobacco or nicotine now require an individual to be at least 21 years of age to purchase. The law also requires an individual to be 21 to purchase “tobacco substitutes.” The new law defines tobacco substitutes as any electronic device that employs heating elements, a battery, or circuit to produce vapor for inhalation into the body. Popular cigarette alternatives, such as the Juul and other vaping devices, would fall under this category of products. The age raise also applies to tobacco accessories, even if they do not contain nicotine or tobacco. This means items like filters, pipes, and rolling papers now require a purchaser to be 21. In addition to restrictions on purchasing tobacco and nicotine products, the law prevents individuals under the age of 21 from entering any establishment that allows for the emission of vapor on the premises.

The new law does contain an exception for products that are intended to assist an individual in quitting their tobacco or nicotine habits. Nicotine gum, patches, and similar products are still available to purchase for individuals who are least 18 years old.

If a person either sells or distributes tobacco, nicotine, or accessory products to any individual under the age of 21 they face monetary penalties. The fine for an individual’s first offense is 250 dollars and the fine increases steeply with each subsequent offense. These penalties apply not only to retail employees, but to anyone who sells or distributes tobacco and nicotine products to someone who is not 21.

AAFES stores on base will continue to follow Department of Defense policy, which states that the age to purchase tobacco or nicotine remains 18 years old. While shopping at off base retailers, however, individuals must abide by the new Delaware law and provide proof that they are at least 21 years of age before purchasing tobacco or nicotine products.