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609.6855.1(a)
Statute ID:
17883
Statute Function ID:
36991
Nicotine delivery products - Sell nicotine delivery product - Under 21 years old
In Effect
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Function Details
History
Text
Penalty
Classifications
Offense Level:
Petty Misdemeanor (PM)
General Offense Code:
Other (9)
Offense Summary Code & Rank:
Crimes Against Govt (Y) (Rank 19)
Detailed Offense Code:
Tobacco (916)
Offense Severity Level:
Function Text:
UCR Code
Description
Flags
Crime of Violence:
No
Targeted Misdemeanor:
No
Predatory Offender Registration Review:
No
Enhanceable:
No
Certify to DPS:
No
Report to DNR:
No
DPS Group:
No
Conditional Release:
No
Payable:
No
Petty Misdemeanor Only if Prosecutor Certifies:
No
Third Violation Indicator:
No
Qualified Domestic Violence Related:
No
Nonviolent Controlled Substance Offender Review:
No
Wildlife Restitution:
No
Statute Number:
609.6855.1(a)
Enactment Date:
Jan 1, 1859
Effective Date:
Dec 1, 2020
Expiration Date:
Repealed?:
No
Summary Text:
Nicotine delivery products - Sell nicotine delivery product - Under 21 years old
Statute ID:
17883
Created:
Dec 29, 2020 by mnjis.legal.analyst@state.mn.us
Updated:
Jan 13, 2021 by mnjis.legal.analyst@state.mn.us
Last Update Action:
Added
Legal Analyst Comment:
Summary Text:
Nicotine delivery products - Sell nicotine delivery product - Under 21 years old
Link to MN Statute Text:
https://www.revisor.leg.state.mn.us/stats/609/6855.html
Legislative Session:
2020 - Regular
Session Law Text?:
No
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.
