Health & Safety Code · §161.082

Possession of Tobacco/E-Cigarettes by Minors

Possession of Tobacco/E-Cigarettes by Minors is covered under §161.082 and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Tobacco & Vape" on practice exams.

To prove this offense, the State must establish each of the following elements: Minimum age 21; Tobacco, e-cigarettes, vape products; Military exception (active-duty, DOB before 9/1/2001).

Elements you must prove

  • Minimum age 21
  • Tobacco, e-cigarettes, vape products
  • Military exception (active-duty, DOB before 9/1/2001)

Practice 2 questions on this topic

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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:

  1. 18
  2. 21 (with limited military exception for active-duty members born on or before 8/31/2001) Correct
  3. 25
  4. 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?

  1. Felony
  2. Class C misdemeanor first offense (with civil penalties / TABC-style enforcement) Correct
  3. Class A misdemeanor
  4. 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.