You also do not commit an offence under this section if the person under the age of eighteen acted under the direction of an employee of a government agency authorized to enforce or enforce laws prohibiting the sale of cigarettes, tobacco products or nicotine products to minors. In other words, the government must not trap you by using a minor to try to buy you tobacco. Retailers may not allow employees under the age of 18 to participate in the sale of nicotine products. Colo. Rev. Stat. § 44-7-103(4.5) (2022) Unless a person appears to be over 30 years of age, before giving, selling, distributing, giving or offering to sell a cigarette, tobacco product or nicotine product, you must obtain and examine government-issued photo identification to determine if the person is at least 18 years of age. Sections 1 to 8 of the Act raise the minimum age for a person to whom cigarettes, tobacco products and nicotine products (products) may be sold from 18 to 21. A product retailer must present a card to anyone who wishes to purchase products that appear to be under 50 years of age at the time of purchase. Unless authorized by a local licence, no new licence will be issued to a nicotine distributor located within 500 feet of a school after July 1, 2021. Subsection 44-7-104.7(1) (2022) The Bill repeals a previous law criminalizing the purchase or attempted purchase of tobacco products by minors. Under the new law, retailers selling electronic smoking devices (ESDs) will not be allowed to advertise or visibly advertise electrostatics outside the store. Finally, the law states that retailers cannot allow employees under the age of 18 to sell or participate in the sale of cigarettes, tobacco products or nicotine products.
The Colorado legislature passed a tobacco bill,21 which Governor Polis signed into law on July 14, 2020. Colorado is the 30th state to pass a tobacco law.21 The bill raises the legal age of sale for all nicotine and tobacco products to 21 and improves enforcement provisions that hold for-profit retailers, not children, accountable for illicit sales. Nicotine-based product means “a product containing nicotine, derived from tobacco or synthetically produced and intended for human consumption, whether by vaporization, chewing, smoking, absorption, dissolution, inhalation, sniffing, inhalation, aerosolization or otherwise, and that is not a cigarette; [t]obacco products. Colo. Rev. Stat. § 39-28.6-102(7) (2022) Not everyone supports tobacco policy 21. Tobacco companies fear a loss of sales. A 1986 report by Philip Morris (manufacturer of Marlboro cigarettes) states: “Raising the legal age to buy cigarettes to 21 could undermine our largest market for young adults (17-20 years), where we sell about 25 billion cigarettes and have a market share of 70%. 4 The sale of nicotine products may only take place after verifying that the person receiving the delivery is 21 years of age or older, using valid government-issued photo identification. § 44-7-104.7(3)(b)(I)(C) (2022) Electronic smoking device or ESD means “any product .. that contains or releases nicotine or any other substance intended for human consumption that can be used by a person to allow the inhalation of vapours or aerosols from the product [including] an electronic cigarette, electronic cigar, electronic pipe, electronic hookah or vape pen or [any other similar device with a different product name]. 25-14-203(4.5) (2022) Sale of nicotine products in vending machines limited to an age limit Areas of licensed gaming establishments.
§ 44-7-103(2) (2022) It is an affirmative defence to prosecution under 18-13-121 S.C.R. that you reasonably relied on a document identifying the person receiving the cigarette, tobacco product or nicotine product as being 18 years of age or older. Section 18-13-121 C.R.S. of the Colorado Penal Code makes it illegal to donate, sell, distribute, distribute, or offer for sale a cigarette, tobacco product, or nicotine product to anyone under the age of 18. Cigarettes, tobacco products or nicotine products “(i) a product containing or derived from nicotine or tobacco, intended to be ingested, inhaled or applied to the skin of a person by a person; or (II) any device that can be used to deliver tobacco or nicotine to the person inhaling from the device, including an electronic cigarette, cigar, cigarillo or pipe. § 18-13-121(5)(a) (2022) The federal Tobacco Prevention and Control Act applies to the sale of cigarettes, tobacco and nicotine products on properties owned or controlled by the federal government. including, but not limited to, military bases and Indian reservations in the State of Colorado. Gradual increase in the tax on nicotine products from 1 January of the calendar year: 30% of the manufacturer`s list price in 2021; 35% of the manufacturer`s list price in 2022; 50% of the manufacturer`s list price in 2023; 56% of the manufacturer`s list price for the years 2024 to 2027; and 62% of the manufacturer`s list price in 2027. § 39-28.6-103(1) (2022) Stop HB 22-1064, which would ban the sale of flavored nicotine and tobacco products in Colorado, regardless of risk. Thanks to smoking among youth aged 18 to 20, raising the age of tobacco sales slows both adolescents` progression to addiction and access to products under the age of 18 through their friends.
While illicit sales to minors play a role in the introduction of tobacco among adolescents, smoking among adolescents is also encouraged by legal sales to young adults, who then pass the tobacco on to minors they know.4 Thus, the increase in access at age 21 places legal buyers outside the social circle of most high school students.4 “Cigarettes, However, tobacco products or nicotine products” include any product that the U.S. Food and Drug Administration (FDA) designates as a smoking cessation product. The sale of cigarettes, tobacco or nicotine to minors is a civil offence. The penalty for selling tobacco to minors is a $200 fine.1 In addition to raising the minimum age to purchase tobacco, the law requires every tobacco and nicotine retailer in Colorado to be licensed by July 1, 2021.