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On June 9th, California becomes the second state to change its tobacco minimum-age sales law to 21 years old for tobacco, e-cigarettes and vaping products. * Hawaii changed to ?21? at the beginning of 2016.
If a child is caught with an e-cigarette in their possession, then they are not likely to face any legal action. This is due to the fact that California law criminalizes the act of giving a minor an e-cig, or any tobacco product for that matter, not the act of possessing the product.
(b) Every person under the age of 18 years who purchases, receives, or possesses any tobacco, cigarette, or cig- arette papers, or any other preparation of tobacco, or any other instrument or paraphernalia that is designed for the smoking of tobacco, products prepared from tobacco, or any controlled substance shall, ...
A retailer caught selling a tobacco product to anyone under the age of 21 will be subject to fines and potentially jail time. Any retailer that sells electronic smoking devices in California must apply to the California Department of Tax and Fee Administration (CDTFA) for a license.
Penalty: Violators are subject to a fine of up to $200 for 1st violation; $500 for 2nd violation; and $1,000 for 3rd or subsequent violation. California Health and Safety Code Section 119405 It is illegal to sell or otherwise furnish an electronic cigarette (e-cigarette) to a person under 18 years of age.