My kids and I were having a discussion about smoking and one of them asked if there's a "legal" age to smoke like 21 is the "legal" drinking age. Smoking isn't illegal, right? So is there an age where it's legal or illegal? If you're allowing your 14 year old to smoke, which is how the discussion got started, are you breaking the law?
Most states have a law that you need to be 18 to purchase tobacco. The age varies in some states. To the best of my knowledge there is no law against minors smoking.
Its 18 here but I agree there is no law against them smoking just against purchasing before 18
North Carolina Tobacco Law
It is illegal for anyone under age 18 to buy, to attempt to buy, to receive or to use a false or misleading proof of age for the purpose of purchasing or receiving any tobacco product or cigarette wrapping papers.
Persons under age 18 engaging in such activities are guilty of a Class 2 misdemeanor, which is a criminal offense punishable by up to 30 days of community service and up to a $1000 fine.
I looked it up, maybe this info will help:
Youth Access
Age Restrictions on Sales of Tobacco Products
All 50 states and the District of Columbia prohibit the sale of tobacco products to minors. Most states define minors as persons under 18 years of age, however, enforcement varies widely. Three states–Alabama, Alaska, and Utah–define minors as persons under 19 years of age. Pennsylvania prohibits retailers from selling cigarettes and cigarette papers to persons under 21 years old, but only enforces sales of these and other tobacco products made to persons under 18.
Penalties to Minors
Forty-four states penalize minors for tobacco-related offenses. Thirty-three states prohibit minors from possessing tobacco products. Eighteen states–Alabama, Arkansas, Idaho, Iowa, Maine, Maryland, Michigan, Minnesota, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Rhode Island, South Dakota, Texas, West Virginia, and Wyoming–have language banning the use of tobacco products by minors. Twenty-five states order minors who are caught with tobacco to perform community service as well as, or in lieu of, a fine. Eight states–California, Florida, Minnesota, Ohio, Oklahoma, Texas, Vermont, and Wisconsin–may suspend the driver's license of a minor who violates their youth access law.
Fourteen states–Colorado, Florida, Georgia, Idaho, Kentucky, Maryland, Michigan, Montana, New Hampshire, Texas, Ohio, Utah, Washington, and Wyoming–may require minors to attend smoking education, cessation or similar health awareness programs in addition to or in lieu of other penalties for tobacco-related offenses. (Penalizing children has not been proven to be an effective technique to reduce underage tobacco usage. In fact, penalties may adversely affect existing programs that are proven to be effective and are required, such as compliance checks utilizing young people.)
Access to Tobacco Products
Ten states–California, Idaho, Iowa, Maine, Massachusetts, Minnesota, New York Texas, Utah, and Vermont–restrict access to tobacco products. Iowa prohibits the sale of cigarettes or tobacco products through the use of a self-service display or in quantities of less than a carton (10 or more packs of cigarettes). California, Idaho, Massachusetts, Minnesota, Maine, New York, Texas, and Vermont prohibit customers from having direct access to tobacco products. Utah requires retailers to have direct, face-to-face exchanges between the retailer and the consumer--exceptions are made in locations that do not allow persons under 19 years of age.
Restrictions on Distribution of Tobacco Product Samples or Sales of Single Cigarettes
Tobacco Product Samples
Forty-five states and the District of Columbia restrict the distribution of free samples of tobacco products. Texas prohibits the distribution of tobacco samples or coupons to minors and prohibits samples and coupons from being distributed through the mail or courier delivery. Idaho and Minnesota ban the distribution of promotional samples to the general public at no cost or nominal cost. Minnesota and Massachusetts allow an exception for single-serving samples distributed in tobacco stores. Nebraska bans samples, coupons, and rebate offers for smokeless tobacco products, and prohibits licensees from giving or furnishing cigarettes to minors.
Seventeen states and the District of Columbia restrict where free samples may be distributed. For example, California, the District of Columbia, Utah, and Wisconsin prohibit giving away samples in public places. Ten states–Arkansas, Georgia, Hawaii, Iowa, Kansas, Oklahoma, Rhode Island, South Dakota, Tennessee, and Washington–prohibit the free distribution of tobacco to persons under 18 and within a certain distance of a school, playground or other location used primarily by people under 18. Twenty-nine states ban the free distribution of tobacco product samples to minors only.