How Old Do You Have to Be to Buy Cigarettes in North Carolina?

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‍how old to buy cigarettes in nc
Cigarette regulations vary from state to state, and it’s important to understand the legal age requirements before attempting to purchase tobacco products. In this article, we will explore the age restrictions for buying cigarettes in North Carolina (NC) and provide you with all the information you need to know. So, how old do you have to be to buy cigarettes in North Carolina?

Understanding the Federal Age Requirement

Before diving into the specific regulations in North Carolina, it’s crucial to understand the federal age requirement for purchasing tobacco products. In 2019, a federal law was passed that raised the minimum age for purchasing tobacco or vaping products from 18 to 21 across the United States. This means that regardless of individual state laws, the federal age requirement of 21 must be followed.

North Carolina’s Tobacco Laws

North Carolina is one of the states that have enforced the federal age requirement of 21 for purchasing tobacco products. While the state law previously allowed individuals as young as 18 to buy cigarettes, the federal law overrides any conflicting state regulations. Therefore, it is illegal to sell or distribute tobacco products to anyone under the age of 21 in North Carolina.

It’s important to note that North Carolina does not have a retail licensing program, which means there are no specific consequences for retailers who choose to sell tobacco to individuals under the age of 21. However, it is still vital to adhere to the law and not rely on finding a retailer willing to make an illegal sale.

Compliance and Consequences

As with any law, there are consequences for non-compliance. In North Carolina, both the retailer and the underage purchaser can face legal consequences for violating the age restrictions on tobacco products. Violators are guilty of a Class 2 misdemeanor and may be subject to a fine of up to $1,000 and/or 30 days of community service.

To enforce compliance, the state conducts random, unannounced inspections of tobacco retailers. These inspections may involve the use of individuals under the age of 18, with prior written parental consent, to determine if retailers are selling tobacco products to minors.

Acceptable Forms of Identification

To ensure compliance with the age restrictions, retailers in North Carolina must check the photo identification of anyone appearing under the age of 30 who attempts to purchase tobacco products. Acceptable forms of identification include a driver’s license or any other photographic identification that includes the bearer’s date of birth.

The federal recommendation, unless otherwise required by state or local law, is to accept only government-issued photographic identification with the bearer’s date of birth. Examples of acceptable identification include state-issued driver’s licenses or identification cards, military identification cards, passports, or immigration cards. It’s important to note that expired photo identification is not acceptable.

Restricted Products

The age restrictions in North Carolina apply to a wide range of tobacco and vaping products. According to state regulations, it is illegal to sell or distribute any product that contains tobacco and is intended for human consumption. This includes cigarettes, cigarette wrapping papers, and e-cigarettes or vapor products.

Under federal regulations, the Food and Drug Administration (FDA) oversees the sale and distribution of tobacco products. The FDA’s regulations apply to various tobacco products, including cigarettes, cigarette tobacco, roll-your-own tobacco, smokeless tobacco, cigars, hookah and pipe tobacco, dissolvable tobacco products, and electronic nicotine delivery systems (ENDS) such as e-cigarettes.

Sales and Distribution Restrictions

Both state and federal regulations impose specific restrictions on the sale and distribution of tobacco products. Retailers must adhere to these restrictions to avoid legal consequences. Here are some key points to keep in mind:

State Restrictions:

• It is illegal to sell or distribute tobacco products to persons under 18 years of age.
• It is illegal to aid, assist, or abet another person in selling or distributing tobacco products or cigarette papers to minors.
• Sales to employees in the performance of their duties are allowed.

Federal Restrictions:

• Sales of FDA-regulated products, such as cigarettes and vaping products, must be denied to anyone under 21 years old.
• Retailers must check the photo identification of everyone under the age of 30 who attempts to purchase FDA-regulated products.
• Decline a sale when the customer is underage, has no photo ID, the photo ID contains no date of birth, or the photo ID has expired.

Penalties for Selling to Minors

Both state and federal laws have penalties in place for retailers who sell tobacco products to minors. In North Carolina, violators are guilty of a Class 2 misdemeanor and may face fines of up to $1,000 and/or 30 days of community service. Retailers are also required to train their sales employees in the requirements of the law.

On a federal level, the FDA has various enforcement tools to address retailers who violate federal statutes or regulations. These tools include civil money penalties, warning letters, seizures, injunctions, and criminal prosecution. Retailers found in violation of federal regulations may also be subject to state penalties or other related orders.

Age Verification Tools

To assist retailers in complying with the age restrictions, various age verification tools are available. These tools help verify the age of customers attempting to purchase tobacco products. Some common age verification tools include:

• ID Check-Up: This tool allows retailers to quickly and easily verify the age of customers by checking their photo identification.
• Age Checker App: An app-based solution that uses advanced technology to verify a customer’s age by scanning their identification.
• Point-of-Sale Systems: Many point-of-sale systems now include age verification features to ensure compliance with age restrictions.

Sign Requirements

Both state and federal regulations require retailers to display signs that inform customers of the age restrictions and the need for identification. In North Carolina, retailers must prominently display a sign near the point of sale stating the following: “NC LAW STRICTLY PROHIBITS THE PURCHASE OF TOBACCO PRODUCTS, TOBACCO-DERIVED PRODUCTS, VAPOR PRODUCTS, AND CIGARETTE WRAPPING PAPERS BY PERSONS UNDER THE AGE OF 18. PROOF OF AGE REQUIRED.”

Failure to post the required sign can result in penalties, with a fine of $25.00 for the first offense and $75.00 for subsequent offenses. Retailers can obtain a hard copy of the sign from the NC Alcohol Law Enforcement Division or download a PDF version online.

Conclusion

In summary, the legal age to purchase cigarettes in North Carolina is 21, following the federal law that raised the minimum age for tobacco and vaping products. Though North Carolina does not have a retail licensing program, it is crucial for retailers and customers to comply with the age restrictions to avoid legal consequences. By checking identification, adhering to sales restrictions, and displaying required signs, retailers can ensure compliance with the law and contribute to the prevention of underage tobacco use.