Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2024 | Updated by FindLaw Staff
a. A person who sells or gives to a person under 21 years of age any cigarettes made of tobacco or of any other matter or substance which can be smoked, or any cigarette paper or tobacco in any form, including smokeless tobacco, or any electronic smoking device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, or pipe, or any cartridge or other component of the device or related product, or any cannabis item as defined in section 3 of P.L.2021, c. 16 (C.24:6I-33), including an employee of a retail dealer licensee under P.L.1948, c. 65 (C.54:40A-1 et seq.) or employee of a licensed cannabis establishment, cannabis distributor, or cannabis delivery service under P.L.2021, c. 16 (C.24:6I-31 et al.), who actually sells or otherwise provides a tobacco product , electronic smoking device, or cannabis item to a person under 21 years of age, shall be punished by a fine as provided for a petty disorderly persons offense. A person who has been previously punished under this section and who commits another offense under it may be punishable by a fine of twice that provided for a petty disorderly persons offense.
b. The establishment of all of the following shall constitute a defense to any prosecution brought pursuant to subsection a. of this section:
(1) that the purchaser or recipient of the tobacco product , electronic smoking device, or cannabis item falsely represented, by producing a driver's license or non-driver identification card issued by the New Jersey Motor Vehicle Commission, a similar card issued pursuant to the laws of another state or the federal government of Canada, a photographic identification card issued by a county clerk, or other form of government-issued identification described in subparagraph (a) of paragraph (6) of subsection a. of section 18 of P.L.2021, c. 16 (C.24:6I-35), that the purchaser or recipient was of legal age to purchase or receive the tobacco product , electronic smoking device, or cannabis item;
(2) that the appearance of the purchaser or recipient of the tobacco product , electronic smoking device, or cannabis item was such that an ordinary prudent person would believe the purchaser or recipient to be of legal age to purchase or receive the tobacco product , electronic smoking device, or cannabis item; and
(3) that the sale or distribution of the tobacco product , electronic smoking device, or cannabis item was made in good faith, relying upon the production of the identification set forth in paragraph (1) of this subsection, the appearance of the purchaser or recipient, and in the reasonable belief that the purchaser or recipient was of legal age to purchase or receive the tobacco product , electronic smoking device, or cannabis item.
c. A penalty imposed pursuant to this section shall be in addition to any penalty that may be imposed pursuant to section 1 of P.L.2000, c. 87 (C.2A:170-51.4) concerning tobacco products or electronic smoking devices, or section 64 of P.L.2021, c. 16 (C.2C:35-10d) or section 6 of P.L.2021, c. 25 (C.2A:170-51.13) concerning cannabis items.
Cite this article: FindLaw.com - New Jersey Statutes Title 2C. The New Jersey Code of Criminal Justice 2C § 33-13.1 - last updated January 01, 2024 | https://codes.findlaw.com/nj/title-2c-the-new-jersey-code-of-criminal-justice/nj-st-sect-2c-33-13-1.html
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)