Health & Safety Code · §161.252

Sale of Tobacco to Minors

Sale of Tobacco to Minors is covered under §161.252 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: Possession or consumption of tobacco / e-cig product; By person under 21 (with military exception); Class C misdemeanor.

Elements you must prove

  • Possession or consumption of tobacco / e-cig product
  • By person under 21 (with military exception)
  • Class C misdemeanor

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Worked examples

Worked example 1

Possession or use of an e-cigarette / tobacco product by a person under 21 in Texas is what level?

  1. Class A misdemeanor
  2. Class C misdemeanor (fine + tobacco awareness program) Correct
  3. Felony
  4. Not an offense
Why: Underage possession / use of tobacco / e-cig products is a Class C misdemeanor with potential tobacco awareness program participation.
Statute: Tex. Health & Safety Code §161.252; §161.253

Statutory definitions for this topic

Tobacco / vape underage possession Tex. Health & Safety Code §161.252; §161.253
Possession or consumption of tobacco / e-cigarette product by a person under 21 — Class C misdemeanor with potential tobacco awareness program participation.