Submitted by TheKidBaller576 t3_10ckb1d in Pennsylvania
I know it's illegal for Cigars/cigarettes to be sold to a person 21 or under but is it illegal for them to smoke it? Also would it be illegal for a person 21 or over to buy them for an 18 year old? I only see laws that say it's illegal to buy them for minors.
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.
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It's definitely illegal to give tobacco to minors.
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 🤣
PA law defines “minor” as “a person under the age of 21 years.”
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Does Act 112 prohibit the smoking of a cigar by an 18-y.o.?
delcodick…. Yup name checks out…. Act 112 of 2002 is a state wide law passed by the legislature and applies equally in your beloved Delaware County.
https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.063.005.000..HTM
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Oh, you sweet spring chicken
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.)
Re-read the very first sentence of my reply.
Sad that reading comprehension isn't taught in Delco.
I have no Idea. I wasn’t educated in Delco. I did however manage to gain my law degree. Cry some more silly person 🤣
If it is “found” by the 18 year old, then it’s not illegal.
Since you obviously drove south to a different state to obtain the cigar in question, you were not sold or furnished said cigar in the state. So, yeah, maybe.
If questioned by police, don’t say anything and STFU.
Wow they'll give a law degree to people that don't understand basic Constitution 101. No wonder this state is in such dire straits.
Quit day drinking dude. You are just compounding your stupidity at this point. 🤣.
Depends on what color the kid’s skin happens to be.
🤣🤣🤣🤣. 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
Lol are you also from Erie? Perhaps it is the water 🤷♂️
Sssssshhhh. Don’t force people to think when they are incapable of it. Everything is black and white in their world. 😉
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.
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> 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.
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Do you like proving yourself wrong?
Read the law you cited. It doesn't prohibit a minor from using tobacco products. It prohibits retailers from selling tobacco to minors, and it prohibits minors from purchasing tobacco products in PA.
Ah… I never said anything about the act itself and what was legal or not. I commented on the esteemed Attorney’s name and said it was a statewide act that applied in beloved Delco. May I suggest Hooked on Phonics to improve your reading comprehension.
> I commented on the esteemed Attorney’s name and said it was a statewide act that applied in beloved Delco.
Neither I nor /u/delcodick state or implied that the law didn't apply in Delaware County. Brush up on your own reading comprehension, champ.
Aw bless your special little heart. I fully support your right to be terrible at the internet. I would say try harder but providing an unattainable challenge doesn’t seem fair somehow. I will make a donation to a charity for the mentality handicapped instead and hope some of it helps your needs 😘
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Wow genius level question 😂🙄
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In that case it'll happen one or another so might as well smoke up before you're shot
nesquiksand2 t1_j4g2t3z wrote
I don't know. But generally if I'm not sure if something is illegal or not, I tend to not do it. However, it's not like cops are going to kick down your door if an 18 year old is smoking a cigar in your backyard.
Yet.