| Minnesota Criminal Justice Statute Service | Bureau of Criminal Apprehension

609.6855.1

Statute ID: 17882

Statute Function ID: 36988

Sale of Nicotine delivery products to persons under 21 penalties.

In Effect

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Details are only available for Penalty and Charging Statutes.

Statute Number:

609.6855.1

Enactment Date:

Jan 1, 1859

Effective Date:

Dec 1, 2020

Expiration Date:

Repealed?:

Summary Text:

Sale of Nicotine delivery products to persons under 21 penalties.

Statute ID:

17882

Created:

Dec 29, 2020 by mnjis.legal.analyst@state.mn.us

Updated:

Dec 29, 2020 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

Need new code. Petty if certify inadvertently left on with reduced penalty when coded.

Summary Text:

Sale of Nicotine delivery products to persons under 21 penalties.

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/609/6855.html

Legislative Session:

2020 - Regular

Session Law Text?:

Statute text last updated on:

Dec 29, 2020

(a) Any person 21 years of age or older who sells, gives, or otherwise furnishes to a person under the age of 21 years a product containing or delivering nicotine or lobelia, whether natural or synthetic, intended for human consumption, or any part of such a product, that is not tobacco or an electronic delivery device as defined by section 609.685, is guilty of a petty misdemeanor for the first violation. Whoever violates this subdivision a subsequent time within five years of a previous conviction under this subdivision is guilty of a misdemeanor.
(b) It is an affirmative defense to a charge under this subdivision if the defendant proves by a preponderance of the evidence that the defendant reasonably and in good faith relied on proof of age as described in section 340A.503, subdivision 6.

(c) Notwithstanding paragraph (a), a product containing or delivering nicotine or lobelia intended for human consumption, whether natural or synthetic, or any part of such a product, that is not tobacco or an electronic delivery device as defined by section 609.685, may be sold to persons under the age of 21 if the product is a drug, device, or combination product, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that is authorized for sale by the United States Food and Drug Administration.