Commercial Tobacco Use

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Contact Info
Commercial Tobacco Prevention and Control
651-201-3535
866-901-8316 (toll-free)
tobacco@state.mn.us

Contact Info

Commercial Tobacco Prevention and Control
651-201-3535
866-901-8316 (toll-free)
tobacco@state.mn.us

Commercial Tobacco Use
Tobacco 21

Tobacco 21 refers to policies that raise legal age to buy commercial tobacco products from 18 to 21. Commercial tobacco products are products sold by the tobacco and nicotine industry, like cigarettes, e-cigarettes (vapes), cigars, chew, and nicotine pouches. In Minnesota, the city of Edina was the first local community to pass a Tobacco 21 law in May 2017. Tobacco 21 became a nationwide law in 2019.

Today, many Minnesota communities are working to update ordinances and refine local Tobacco 21 laws to align with both state and federal laws, as well as remove youth penalties for purchase, use, and possession.

On this page:
Tobacco 21 and prevention
State and federal Tobacco 21 laws
How communities can strengthen local laws to protect youth

Tobacco 21 and prevention

Nearly all people who use commercial tobacco start as youth. Children and teens are especially susceptible to industry marketing, nicotine addiction, and the harmful effects of nicotine on the developing brain. Tobacco 21 limits youth access to commercial tobacco until age 21, when the portion of the brain responsible for rational decision-making is more fully developed. Learn more: Nicotine and Nicotine Dependence

Tobacco 21 policies help prevent youth commercial tobacco use. Increasing the age gap between teens and those who can legally buy tobacco helps keep commercial tobacco out of the high school environment.

Fewer Minnesota teens getting vapes from friends

Data from the Minnesota Student Survey show that among 11th grade students who vape, fewer students are getting their vapes from friends – dropping from 72% in 2019, to 60% in 2022, and 54% in 2025.

State and federal Tobacco 21 laws

In December 2019, a federal Tobacco 21 policy was signed into law, making it illegal to sell commercial tobacco products to anyone under age 21. To ensure clear enforcement across our state, Minnesota followed suit in May 2020, with the statewide Tobacco 21 law. The Minnesota Tobacco 21 law took effect on August 1, 2020.

Minnesota’s Tobacco 21 law aligned Minnesota with federal standards, mandated ID checks for anyone appearing under 30, and shifted the focus of local enforcement from penalizing youth to retailer compliance by repealing state penalties for underage purchase, use, and possession, as well as strengthening penalties for retailers.

Despite state and federal Tobacco 21 laws, policy gaps remain for preventing commercial tobacco use among young people. For example, neither state nor federal laws completely restrict the sale of commercial tobacco products with youth-appealing flavors like fruit, candy, and menthol. State and federal laws also do not restrict where tobacco shops can open, allowing retailers to cluster near schools, parks, and youth-oriented spaces.

How communities can strengthen local laws to protect youth

Minnesota communities are working to update and strengthen local licensing laws, including compliance and enforcement practices, to ensure they meet state requirements, provide clear and comprehensive definitions, and include robust and self-sustaining compliance programs.

These updates include:

  • Updating local tobacco retail license ordinances to align with state and federal laws.
  • Raising the minimum legal sales age to at least age 21 and requiring age verification.
  • Focusing enforcement efforts on retailers and removing underage purchase, use or possession (PUP) penalties.
  • Ensuring all retailers selling commercial tobacco products (including vape shops) are required to obtain a license and renew it annually.
  • Imposing license fees that are sufficient to cover all costs associated with administration, implementation, and enforcement of the licensing regulations, including compliance checks.
  • Ensuring any violation of any federal, state, or local law related to commercial tobacco regulation is also a violation of the terms of the tobacco retail license.
  • Establishing a penalty structure that helps ensure compliance with the licensing requirements, reduces repeat offenses, and funds additional inspections and related enforcement activities.
  • Authorizing the license to be suspended or revoked for violations.
  • Implementing policies that prohibit the sale of flavored products, cap licenses, or increase product prices.

As of June 2026, about half of Minnesota cities and counties have updated local Tobacco 21 policies to enhance protections for youth and align with state and federal laws.

Learn more

  • Tobacco 21 | U.S. Food & Drug Administration
    This resource from the FDA outlines the federal Tobacco 21 law, which makes it illegal for retailers to sell any commercial tobacco product – including cigarettes, cigars, and e-cigarettes – to anyone under the age of 21. It provides guidance for retailers, including the requirement to verify photo IDs for any customer under the age of 30.
  • Tobacco 21 Laws and Youth Tobacco Use: The Role of Policy Attributes | American Journal of Public Health
    This study examines how different Tobacco 21 laws affect commercial tobacco use among people ages 18-20. The research reveals that Tobacco 21 laws successfully reduce youth nicotine and commercial tobacco use but notes that these positive effects are weakened when laws include penalties that target youth purchase, use, or possession, rather than focusing enforcement on retailers.
  • Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products | Institute of Medicine (PDF)
    This brief highlights key data predicting that a nationwide Tobacco 21 law would reduce adult smoking prevalence by 12 percent. It summarizes how raising the age limit disrupts high school social supply networks and estimates that the policy would ultimately prevent 223,000 premature deaths.
  • US Tobacco 21 Policies and Potential Mortality Reductions by State | Health Policy | JAMA Health Forum | JAMA Network
    This study uses advanced simulation models to forecast the long-term, state-by-state health impacts of Tobacco 21 policies through year 2100. The research demonstrates that raising the purchasing age prevents smoking initiation among youth, projecting massive cumulative reductions in smoking-attributable deaths and substantial life-years gained across all 50 states.
  • Addressing Student Tobacco Use in Schools: Alternative Measures | Public Health Law Center (PDF)
    This resource outlines the rationale for shifting away from punitive discipline like suspension and expulsion for student commercial tobacco or e-cigarette violations in schools. It provides school administrators with model policy language and actionable alternatives, focusing instead on supportive, health-based interventions such as counseling, commercial tobacco treatment, and student education.
  • SHIP supports local Tobacco 21 policies, helping to reduce youth commercial tobacco use | Minnesota Department of Health (PDF)
    This data brief demonstrates that community work through the Statewide Health Improvement Partnership (SHIP) successfully lowered local youth commercial tobacco use. Using Minnesota Student Survey data, the report highlights that 8th and 9th graders living in areas with local Tobacco 21 policies reported significantly lower rates of smoking, vaping, and poly-commercial tobacco use compared to peers in communities without those protections.
  • Tobacco 21 | Association for Nonsmokers – Minnesota
    This page outlines the health impacts and legislative history of Tobacco 21. It emphasizes that since 95% of adults who smoke start before age 18, raising the minimum age heavily protects adolescents from nicotine addiction and its damaging effects on brain development. It also provides resources for schools and law enforcement, advocating for supportive education and counseling programs – such as My Life, My Quit™ – as effective alternatives to suspension or legal penalties for youth.
  • Youth Purchase, Use, or Possession Penalties (PUP) | Public Health Law Center (PDF)
    This fact sheet examines youth Purchase, Use, or Possession (PUP) penalties, concluding that penalizing underage people for commercial tobacco use is ineffective and counterproductive. It highlights that the tobacco and nicotine industry has historically lobbied for these penalties to shift the burden of enforcement away from retail businesses and onto youth who may be addicted.
  • Youth Purchase, Use, or Possession (PUP): Commercial Tobacco Laws and Penalties | Public Health Law Center (PDF)
    This fact sheet examines why penalizing underage individuals for commercial tobacco use is an ineffective and counterproductive approach to public health. It details how PUP laws undermine prevention efforts by criminalizing nicotine addiction, shifting accountability away from the tobacco and nicotine industry's predatory marketing, and disproportionately harming youth through inequitable law enforcement interactions. By advocating for systemic policy alternatives, this guide provides local leaders with a clear rationale for repealing punitive youth penalties and instead focusing on retailer accountability, comprehensive Tobacco 21 enforcement, and accessible, non-punitive treatment and support.
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Last Updated: 08/11/2026

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