California Penal Code

§ 308

PEN § 308 Effective Jan 1, 2025Title 9 · Part 1 · Ch. 7

Statute text

(a)(1) (A) (i) A person who knowingly or under circumstances in which it has knowledge, or should otherwise have grounds for knowledge, sells, gives, or in any way furnishes to another person who is under 21 years of age any tobacco, cigarette, cigarette papers, or blunt wraps, or any other preparation of tobacco, or any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, tobacco products, or any controlled substance, is subject to either a criminal action for a misdemeanor or a civil action brought by a city attorney, a county counsel, or a district attorney, punishable by a fine of two hundred dollars ($200) for the first offense, five hundred dollars ($500) for the second offense, and one thousand dollars ($1,000) for the third offense.

(ii)A firm, corporation, business, retailer, or wholesaler that under the circumstances described in clause (i) sells, gives, or in any way furnishes to another person who is under 21 years of age a product specified in clause (i) is subject to either a criminal action for a misdemeanor or a civil action brought by a city attorney, a county counsel, or a district attorney, punishable by a fine of five hundred dollars ($500) for the first offense, one thousand dollars ($1,000) for the second offense, and five thousand dollars ($5,000) for any subsequent offense.

(iii)This subparagraph does not apply to the sale, giving, or furnishing of any of the products specified in clause (i) to active duty military personnel who are 18 years of age or older. An identification card issued by the United States Armed Forces shall be used as proof of age for this purpose.

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Legislative history

Amended by Stats. 2024, Ch. 371, Sec. 1. (AB 2021) Effective January 1, 2025.