South Dakota § 34-46-2 - Unlawful actions.

§ 34-46-2. Unlawful actions.

The following actions are unlawful:

(1)    To knowingly sell or distribute a tobacco product to a person under the age of twenty-one;

(2)    To purchase or attempt to purchase, to receive or attempt to receive, to possess, or to consume a tobacco product if a person is under the age of twenty-one;

(3)    To purchase a tobacco product on behalf of, or to give a tobacco product to, any person under the age of twenty-one;

(4)    To sell cigarettes other than in an unopened package originating with the manufacturer and depicting the warning labels required by federal law;

(5)    To sell tobacco products through a vending machine located in a place other than a place that is open to the public but to which persons under the age of twenty-one are denied access at all times;

(6)    To sell cigarettes or smokeless tobacco, or both, through a self-service display other than a display that is:

(a)    A vending machine permitted under subdivision (5) of this section; or

(b)    Located in a tobacco speciality store; or

(7)    To distribute tobacco product samples in or on a public street, sidewalk, or park that is within five hundred feet of a playground, school, or other facility when the facility is being used primarily by persons under the age of twenty-one.

Source: SL 1994, ch 280, § 2; SL 1997, ch 206, § 1; SL 1998, ch 215, § 1; SL 2007, ch 199, § 1; SL 2009, ch 170, § 2; SL 2020, ch 148, § 1.

Effective January 1, 2027

34-46-2. Unlawful actions.

The following actions are unlawful:

(1)    To knowingly sell or distribute a nicotine product, as defined in § 10-50E-1, to a person under the age of twenty-one;

(2)    To purchase or attempt to purchase, to receive or attempt to receive, to possess, or to consume a nicotine product, as defined in § 10-50E-1, if a person is under the age of twenty-one;

(3)    To purchase a nicotine product, as defined in § 10-50E-1, on behalf of, or to give a nicotine product to, any person under the age of twenty-one;

(4)    To sell nicotine products, as defined in § 10-50E-1, other than in an unopened package originating with the manufacturer and depicting the warning labels required by federal law;

(5)    To sell nicotine products, as defined in § 10-50E-1, through a vending machine, except as otherwise provided in § 10-50E-8;

(6)    To sell nicotine products, as defined in § 10-50E-1, through a self-service display; or

(7)    To distribute samples of nicotine products, as defined in § 10-50E-1, in or on a public street, sidewalk, or park that is within five hundred feet of a playground, school, or other facility when the facility is being used primarily by persons under the age of twenty-one.

Source: SL 1994, ch 280, § 2; SL 1997, ch 206, § 1; SL 1998, ch 215, § 1; SL 2007, ch 199, § 1; SL 2009, ch 170, § 2; SL 2020, ch 148, § 1; SL 2026, ch 54, § 19, eff. Jan. 1, 2027.