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I nstitute for C riminal J ustice S tudies

Learn about the laws and consequences surrounding the sale, possession, and use of tobacco products by individuals under 18 years of age. Stay informed and ensure compliance with current regulations.

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I nstitute for C riminal J ustice S tudies

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  1. Institute for Criminal Justice Studies

  2. Health & Safety CODE

  3. TOBACCO

  4. § HSC 161.121. DEFINITIONS. • In this subchapter: • "Church" means a facility that is owned by a religious organization and that is used primarily for religious services. • (2) "Cigarette" has the meaning assigned by Section 154.001, Tax Code. • (3) "School" means a private or public elementary or secondary school. • (4) "Sign" means an outdoor medium, including a structure, display, light device, figure, painting, drawing, message, plaque, poster, or billboard, that is: (A) used to advertise or inform; and (B) visible from the main-traveled way of a street or highway.

  5. § HSC 161.121. DEFINITIONS –Continued: (5) "Tobacco product" has the meaning assigned by Section 155.001, Tax Code.

  6. § HSC 161.082. SALE OF CIGARETTES OR TOBACCO PRODUCTS TO PERSONS YOUNGER THAN 18 YEARS OF AGE PROHIBITED; PROOF OF AGE REQUIRED. • Statute Text • A person commits an offense if the person, with • criminal negligence: • (1) sells, gives, or causes to be sold or given a cigarette or tobacco product to someone who is younger than 18 years of age; or • (2) sells, gives, or causes to be sold or given a cigarette or tobacco product to another person who intends to deliver it to someone who is younger than 18 years of age.

  7. § HSC 161.082. SALE OF CIGARETTES OR TOBACCO PRODUCTS TO PERSONS YOUNGER THAN 18 YEARS OF AGE PROHIBITED; PROOF OF AGE REQUIRED – Continued: (b) If an offense under this section occurs in connection with a sale by an employee of the owner of a store in which cigarettes or tobacco products are sold at retail, the employee is criminally responsible for the offense and is subject to prosecution. (c) An offense under this section is a Class C misdemeanor.

  8. § HSC 161.082. SALE OF CIGARETTES OR TOBACCO PRODUCTS TO PERSONS YOUNGER THAN 18 YEARS OF AGE PROHIBITED;PROOF OF AGE REQUIRED – Continued: (d) It is a defense to prosecution under Subsection (a)(1) that the person to whom the cigarette or tobacco product was sold or given presented to the defendant apparently valid proof of identification. (e) A proof of identification satisfies the requirements of Subsection (d) if it contains a physical description and photograph consistent with the person's appearance, purports to establish that the person is 18 years of age or older, and was issued by a governmental agency. The proof of identification may include a driver's license issued by this state or another state, a passport, or an identification card issued bya state or the federal government.

  9. § HSC 161.252. POSSESSION, PURCHASE, • CONSUMPTION, OR RECEIPT OF CIGARETTES • OR TOBACCO PRODUCTS BY MINORS • PROHIBITED. • Statute Text • An individual who is younger than 18 years of age • commits an offense if the individual: • (1) possesses, purchases, consumes, or accepts a cigarette or tobacco product; or • (2) falsely represents himself or herself to be 18 years of age or older by displaying proof of age that is false, fraudulent, or not actually proof of the individual's own age in order to obtain possession of, purchase, or receive a cigarette or tobacco product.

  10. § HSC 161.252. POSSESSION, PURCHASE, CONSUMPTION, OR RECEIPT OF CIGARETTES OR TOBACCO PRODUCTS BY MINORS PROHIBITED – Continued: (b) It is an exception to the application of this section that the individual younger than 18 years of age possessed the cigarette or tobacco product in the presence of: (1) an adult parent, a guardian, or a spouse of the individual; or (2) an employer of the individual, if possession or receipt of the tobacco product is required in the performance of the employee's duties as an employee.

  11. § HSC 161.252. POSSESSION, PURCHASE, CONSUMPTION, OR RECEIPT OF CIGARETTES OR TOBACCO PRODUCTS BY MINORS PROHIBITED – Continued: (c) It is an exception to the application of this section that the individual younger than 18 years of age is participating in an inspection or test of compliance in accordance with Section 161.088. (d) An offense under this section is punishable by a fine not to exceed $250.

  12. DRUG LAWS

  13. § HSC 481.121. Offense: Possession of Marihuana. Statute text (a) Except as authorized by this chapter, a person commits an offense if the person knowingly orintentionally possesses a usable quantity ofmarihuana. (b) An offense under Subsection (a) is: (1) a Class B misdemeanor if the amount of marihuana possessed is two ounces or less; (2) a Class A misdemeanor if the amount of marihuana possessed is four ounces or lessbut more than two ounces;

  14. § HSC 481.121. Offense: Possession of Marihuana – Continued: (b) (3) a state jail felony if the amount of marihuana possessed is five pounds or lessbut more than four ounces; (4) a felony of the third degree if the amount of marihuana possessed is 50 pounds or lessbut more than 5 pounds; (5) a felony of the second degree if the amount of marihuana possessed is 2,000pounds or less but more than 50 pounds; and

  15. § HSC 481.121. Offense: Possession of Marihuana – Continued: (b) (6) punishable by imprisonment in the institutional division of the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000, if the amount of marihuana possessed is more than 2,000 pounds.

  16. § HSC 481.125. Offense: Possession or Delivery of Drug Paraphernalia. Statute text (a) A person commits an offense if the person knowingly or intentionally uses or possesses with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this chapter or to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter.

  17. § HSC 481.125. Offense: Possession or Delivery of Drug Paraphernalia – Continued: (b) A person commits an offense if the person knowingly or intentionally delivers, possesses with intent to deliver, or manufactures with intent to deliver drug paraphernalia knowing that the person who receives or who is intended to receive the drug paraphernalia intends that it be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this chapter or to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter.

  18. § HSC 481.125. Offense: Possession or Delivery of Drug Paraphernalia – Continued: (c) A person commits an offense if the person commits an offense under Subsection (b), is 18 years of age or older, and the person who receives or who is intended to receive the drug paraphernalia is younger than 18 years of age and at least three years younger than the actor. (d) An offense under Subsection (a) is a Class C misdemeanor.

  19. § HSC 481.125. Offense: Possession or Delivery of Drug Paraphernalia – Continued: (e) An offense under Subsection (b) is a Class A misdemeanor, unless it is shown on the trial of a defendant that the defendant has previously beenconvicted under Subsection (b) or (c), in which event the offense is punishable by confinement in jail for a term of not more than one year or less than 90 days. (f) An offense under Subsection (c) is a state jail felony.

  20. HEALTH & SAFETY CODE - Subchapter D. Offenses and Penalties (possession & Use of Illegal Drugs). 481.101. Criminal Classification. 481.102. Penalty Group 1. 481.1021. Penalty Group 1-a. 481.103. Penalty Group 2. 481.104. Penalty Group 3. 481.105. Penalty Group 4. 481.106. Classification of Controlled Substance Analogue. 481.108. Preparatory Offenses. 481.111. Exemptions. 481.112. Offense: Manufacture or Delivery of Substance In Penalty Group 1.

  21. HEALTH & SAFETY CODE - Subchapter D. Offenses and Penalties (possession & Use of Illegal Drugs). Substance In Penalty Group 1. 481.1121. Offense: Manufacture or Delivery of Substance In Penalty Group 1-a. 481.113. Offense: Manufacture or Delivery of Substance In Penalty Group 2. 481.114. Offense: Manufacture or Delivery of Substance In Penalty Group 3 or 4. 481.115. Offense: Possession of Substance In Penalty Group 1. 481.1151. Offense: Possession of Substance In Penalty Group 1-a. 481.116. Offense: Possession of Substance In

  22. HEALTH & SAFETY CODE - Subchapter D. Offenses and Penalties (possession & Use of Illegal Drugs). Penalty Group 2. 481.117. Offense: Possession of Substance In Penalty Group 3. 481.118. Offense: Possession of Substance In Penalty Group 4. 481.119. Offense: Manufacture, Delivery, or Possession of Miscellaneous Substances. 481.120. Offense: Delivery of Marihuana. 481.121. Offense: Possession of Marihuana. 481.122. Offense: Delivery of Controlled Substance or Marihuana to Child. 481.123. Defense to Prosecution for Offense Involving Controlled Substance Analogue.

  23. HEALTH & SAFETY CODE - Subchapter D. Offenses and Penalties (possession & Use of Illegal Drugs). Penalty Group 2 – Continued: 481.117. Offense: Possession of Substance In Penalty Group 3. 481.118. Offense: Possession of Substance In Penalty Group 4. 481.119. Offense: Manufacture, Delivery, or Possession of Miscellaneous Substances. 481.120. Offense: Delivery of Marihuana. 481.121. Offense: Possession of Marihuana. 481.122. Offense: Delivery of Controlled Substance or Marihuana to Child.

  24. HEALTH & SAFETY CODE - Subchapter D. Offenses and Penalties (possession & Use of Illegal Drugs). Penalty Group 4 – Continued: 481.123. Defense to Prosecution for Offense Involving Controlled Substance Analogue. 481.124. Offense: Possession or Transport of Certain Chemicals With Intent to Manufacture Controlled Substance. 481.1245. Offense: Possession or Transport of Anhydrous Ammonia; Use of or Tampering with Equipment. 481.125. Offense: Possession or Delivery of Drug Paraphernalia. 481.126. Offense: Illegal Barter, Expenditure, or Investment.

  25. HEALTH & SAFETY CODE - Subchapter D. Offenses and Penalties (possession & Use of Illegal Drugs). Penalty Group 4 – Continued: 481.127. Offense: Unauthorized Disclosure of Information. 481.128. Offense and Civil Penalty: Commercial Matters. 481.129. Offense: Fraud. 481.130. Penalties Under Other Law. 481.131. Offense: Diversion of Controlled Substance Property or Plant. 481.132. Multiple Prosecutions. 481.133. Offense: Falsification of Drug Test Results. 481.134. Drug-free Zones. 481.135. Maps as Evidence of Location or Area.

  26. HEALTH & SAFETY CODE - Subchapter D. Offenses and Penalties (possession & Use of Illegal Drugs). Penalty Group 4 – Continued: 481.136. Offense: Unlawful Transfer or Receipt of Chemical Precursor. 481.137. Offense: Transfer of Precursor Substance for Unlawful Manufacture. 481.138. Offense: Unlawful Transfer or Receipt of Chemical Laboratory Apparatus. 481.139. Offense: Transfer of Chemical Laboratory Apparatus for Unlawful Manufacture. 481.140. Use of Child In Commission of Offense. 481.141. Manufacture or Delivery of Controlled Substance Causing Death or Serious Bodily Injury.

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