Submitted by TheKidBaller576 t3_10ckb1d in Pennsylvania
discogeek t1_j4g59jk wrote
It's pretty much illegal for anyone to provide tobacco to someone under 21, so while Act 112 itself doesn't expressly say "18 year olds can't smoke a cigar," you'd possibly get into trouble if a cop asked where you got it and refused to answer or lied about it. Then both you and whomever got you the cigar (sold it, handed it to you, left it lying around) would be in trouble. (I'm sure there's a scenario someone can come up with that gets around the law, just like technically it's legal to give someone underage a drink if you're creative enough.)
I believe there's an exception for 18 year olds in the military too.
https://www.health.pa.gov/topics/programs/tobacco/Pages/Act-112.aspx
Act 112 of 2002
Act 112 of 2002, an Act amending Titles 18 and 53 of the Pennsylvania Consolidated Statutes, prohibiting the sale of tobacco to those under the age of 21. In 2002, Pennsylvania's Act 112 amended Section 6305 of the Crimes Code and created new fines for clerks and owners of tobacco retail stores. In November of 2019, Governor Tom Wolf signed legislation that prohibits the sale of any tobacco, nicotine or related item to anyone under 21 years of age.
The Act:
* Prohibits sales of tobacco products to a minor (individual under 21 years of age).
* Prohibits the furnishing of a tobacco product to a minor (selling tobacco to a minor).
* Prohibits vending machines to be in any place where a minor can gain access without the supervision of a parent or guardian.
* Restricts displaying or offering for sale a cigarette out of a pack.
* Restricts access to tobacco products by non-employees.
[deleted] t1_j4gcnuf wrote
[deleted]
discogeek t1_j4gfrbc wrote
If you refuse to take a breathalyzer test in PA, your license is instantly suspended. Whether or not you were driving impaired.
Nonetheless, I never said "incriminating yourself," I said "if a cop asked you where you got it" - which is not self-incrimination, it is impeding a police investigation of a tobacco distributor.
(Not like we have tobacco squads out there in PA, but talking about this on a meta level, you're not going to hold water in a court if they ask you about someone else's activity and refuse to answer... that's not 5th Amendment stuff.)
delcodick t1_j4gjtfr wrote
🤣🤣🤣🤣. You can’t help yourself. There is no requirement to answer police questions ever License suspension is a matter of implied consent and not a criminal matter. I do admire your insistence on obtaining full value from the spade you bought by digging an ever deepening hole for yourself. Hilarious
IamSauerKraut t1_j4gb7yn wrote
Does Act 112 prohibit the smoking of a cigar by an 18-y.o.?
discogeek t1_j4gfxfa wrote
Re-read the very first sentence of my reply.
111victories t1_j4ghqje wrote
If it is “found” by the 18 year old, then it’s not illegal.
OneHumanPeOple t1_j4gkoic wrote
It doesn’t answer that question because it supposes that there is no legal means by which an 18 year old could possess a cigar in Pennsylvania. An 18 year old who legally obtained a cigar out of state would not be in violation of any law, nor would the furnisher of said cigar be in violation. That said, tobacco is disgusting.
IamSauerKraut t1_j4gsyji wrote
> That said, tobacco is disgusting
In this Commonwealth, the Amish are amongst the largest groweers. And their teens smoke it with no attention paid by law enforcement. Not sure why it should be different for fancy folk.
delcodick t1_j4g8125 wrote
So the 5th Ammendment doesn’t apply in Erie? Who knew 🤷♂️. There is so much wrong in this post I hardly know where to begin so I shall just lol and move along 🤣
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