How Old Do You Have to Be to Buy Swishers

United States
(50 states and integral territories)

The federal law requires states to have a minimum age of 18 years for sale/purchase of tobacco products (21 U.S.C. § 387f. (3)(a)(ii)). State and local laws may extend this ban and also prohibit supply, possession and consumption to/by person underage, or increase the age beyond 18. However, most states do not directly ban the consumption of tobacco by a minor. The federal law requiring states to have a minimum purchasing age at 18 is enforced by withholding FEMA disaster and non-disaster grants from states that have purchasing ages under 18, and currently no state falls under that category.

Regulations by state:
State/territory	Smoking age	Purchase age	Notes
Alabama	19 (including Alabama National Guard Bases) 18 (on military bases under federal law)^[80]		It is illegal to sell or give tobacco products to anyone under the age of 19 years. Minors are prohibited from using and possessing tobacco products. The minimum age was introduced in 1896. ^[81]
Alaska	None	19^[82]	It is illegal to sell or give tobacco products to anyone under the age of 19 years. Possession by minors is prohibited. The minimum age requirement does not apply to a person who is a prisoner at an adult correctional facility.^[83] The minimum age of 16 years was introduced in 1978. The minimum age was raised from 16 to 19 in 1988. ^[81]
American Samoa	18
Arizona	None	18^[84]	It is illegal to sell or give tobacco products or smoking equipment to anyone under the age of 18 years. It is illegal for a minor to be in possession of tobacco or smoking equipment, or to receive them.
Arizona	None	21^[85] ^[86]	Cottonwood and Douglas have raised their tobacco sales age to 21.
Arkansas	18^[87]		It is illegal to give or sell tobacco to anyone under the age of 18 years. It is illegal for minors to be in possession of tobacco products and to smoke in public.
Arkansas	18	21^[88]	Helena–West Helena has raised the sales age for tobacco products to 21.
California	18^[89]	21^[90]	As of 9 June 2016, it is illegal to sell or furnish tobacco to a person under 21 years of age, with an exception for people in active military service who are 18 years old. Before 9 June, the age to purchase tobacco was 18 years of age.
Colorado	18^[91]		It is illegal to sell, give or distribute tobacco products to anyone under the age of 18 years. Minors under the age of 18 years are prohibited from being in possession of any tobacco product.
Colorado	18	21^[92]	Aspen has raised the sales age for tobacco products to 21.
Connecticut	None	18^[93]	It is illegal to sell or give tobacco products to anyone under 18. It is illegal for minors to possess tobacco in public. A minimum age of 16 was introduced in 1902. The minimum age was raised from 16 to 18 in 1987. ^[81]
Delaware	None	18^[94]	Selling, giving or otherwhise distributing tobacco products to anyone under the age of 18 years is illegal. Minors under the age of 18 years are not allowed to attempt to purchase tobacco or to be in the possession of tobacco products. The minimum age of 17 years was introduced in 1953. The minimum age was raised from 17 to 18 in 1992. ^[81] ^[95]
Florida	None	18^[96]	The Florida Statutes make it a criminal offence so sell or supply tobacco to an individual under the age of 18 years. Minors may also not be in possession of tobacco products.
Georgia	None	18^[97]	It is illegal to sell or give tobacco products to anyone under the age of 18 years. It is illegal for minors to possess tobacco in public. Minors are allowed to possess tobacco products and to consume those, in private home if permission is given by parents or legal guardian. The minimum age of 17 years was introduced in 1987. The minimum age was raised from 17 to 18 in 1993. ^[81] ^[95]
Guam	21		The minimum age was raised from 18 to 21, as of 1 January 2018.^[98]
Hawaii	21^[99] ^[100]		It is illegal to sell or furnish tobacco to a person under 21 years of age. It is also illegal for a person under 21 years of age to attempt to purchase tobacco. The minimum age of 15 years was introduced on 11 November 1890. ^[101] The minimum age was raised from 15 to 18 on 1 January 1988. ^[102] The minimum age was raised from 18 to 21 on 1 January 2016.^[103]
Idaho	18^[104] ^[105]
Illinois	18^[106] ^[107] ^[108]
Illinois	18^[106]	21^[109]	Fourteen cities in Illinois, including Chicago and Naperville, have raised their tobacco sales age to 21.
Indiana	None	18^[110]	Giving, selling, providing and distributing tobacco to minors is illegal. Minors may not possess, accept or purchase tobacco. Minors are not allowed to enter a tobacco business, defined in state law as a business whose primary activity is the sale of tobacco products and accessories. The minimum age of 16 years was introduced in 1980. The minimum age was raised from 16 to 18 in 1987. ^[81]
Iowa	18^[111]		It is illegal for minors to be in possession of tobacco, to smoke in public or to purchase tobacco products. It is illegal to sell or distribute tobacco to anyone under the age of 18 years.
Kansas	None	18^[112]	It is illegal to sell or supply tobacco to a minor. Minors may not possess or purchase or attempt to possess or purchase tobacco.
Kansas	None	21^[113]	Nineteen cities in Kansas, including Overland Park and Olathe, have raised their tobacco sales age to 21.
Kentucky	None	18^[114]	It is illegal to sell or supply tobacco to minors. Minors may not purchase or possess tobacco products. Prior to 1990 Kentucky had no minimum age to purchase tobacco. From 1990 until 1992 the minimum age was 16 years. In 1992 the age was raised from 16 to 18 years of age. ^[95]
Louisiana	None	18^[115]	It is illegal to sell or distribute tobacco to a minor. A minor is not permitted to possess tobacco, except in private residences or if accompanied by a parent, spouse, or legal guardian 21 years of age or older. Prior to 1991 there was no minimum age limit in Louisiana.
Maine	18^[116]	21^[117]	It is illegal to sell or distribute tobacco to a minor. A minor is not permitted to possess tobacco, except in private residences or if accompanied by a parent, spouse, or legal guardian 21 years of age or older. Implementation for 21 and older July 2018.
Maryland	None	18^[118] ^[119]	Minimum age raised from 16 to 18 in 1989. ^[95]
Massachusetts	None	18^[120]	It is illegal to sell tobacco to minors. Anyone else than the parents or guardian are prohibited from giving any form of tobacco to a minor.
Massachusetts	None	21^[121]	Over 100 cities in Massachusetts, including Boston, have raised their sales age for tobacco products to 21 years.
Michigan	18^[122]		It is illegal to sell, give, supply or otherwise provide tobacco to minors. Minors may not purchase, attempt to purchase, possess, attempt to possess or consume tobacco products in public. Minors are permitted to smoke on private premises.
Michigan	18	21^[123]	Ann Arbor and Genesee County have raised their tobacco sales age to 21.
Minnesota	18^[124]		It is illegal to sell, give, supply or otherwise provide tobacco to minors. Minors may not purchase, attempt to purchase, possess, attempt to possess or consume tobacco products in public. Indian may furnish tobacco to an Indian under the age of 18 years if the tobacco is furnished as part of a traditional Indian spiritual or cultural ceremony.
Minnesota	18	21^[125]	Four cities in Minnesota have raised their sales age for tobacco products to 21.
Mississippi	18^[126]		It is illegal to sell, give, supply or otherwise provide tobacco to minors. Minors may not purchase, attempt to purchase, possess, attempt to possess or consume tobacco products in public.
Mississippi	18	21^[127]	Adams County has raised their tobacco sales age to 21.
Missouri	None	18^[128]	It is illegal to sell, give, supply or otherwise provide tobacco to minors. It is not illegal to give tobacco to minors on private premises nor is it illegal for minors to smoke in public. Prior to 1992 Missouri did not have a minimum age limit. ^[95]
Missouri	None	21^[129]	Twelve cities in Missouri, including Kansas City, St. Louis and Jefferson City, have raised their tobacco sales age to 21.
Montana	None	18^[130]	Sale or distribution of tobacco products to persons under 18 years of age is prohibited, whether over the counter, by vending machine, or otherwise. Prior to 1993 there was no minimum age limit. ^[95]
Nebraska	18^[131] ^[132]		It is illegal to sell, give or furnish, in any way tobacco to a minor. Minors may not smoke in public.
Nevada	None	18^[133]
New Hampshire	18^[134]		It is illegal to sell, give, supply or otherwise provide tobacco to minors. Minors may not purchase, attempt to purchase, possess, attempt to possess or consume tobacco products in public.
New Jersey	None	21^[135]	No person shall sell, give or furnish to a person under 21 years of age, any cigarettes made of tobacco. The minimum age of 16 years was introduced in 1904. The minimum age was raised from 16 to 18 in 1988. The minimum age was raised from 18 to 19 in 2005. The minimum age was raised from 19 to 21 on 1 November 2017.^[81]
New Mexico	None	18^[136]	Prior to 1991 New Mexico had no minimum age.
New York	None	18^[137]	It is illegal to sell tobacco products to anyone under the age of 18 years.
New York	None	21^[138]	New York City (among others) and come counties have raised the sales age for tobacco products to 21.
North Carolina	None	18^[139]	It is illegal for anyone under age 18 to buy, 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. The minimum age of 17 years was introduced in 1891. The minimum age was raised from 17 to 18 in 1991. ^[81] ^[95]
North Dakota	18^[140]
Northern Mariana Islands	18		It is illegal to sell and supply tobacco to a minor.
Ohio	18^[141]
Ohio	None	21^[142]	Nine cities in Ohio, including Cleveland and Columbus, have raised their tobacco sales age to 21.
Oklahoma	None	18^[143]	It is illegal to sell, give or otherwise supply tobacco to anyone under the age of 18 years. The minimum age of 18 years was introduced in 1915.
Oregon	None	21^[144]	It is illegal to sell, give or otherwise supply tobacco to anyone under the age of 21 years since 1 January 2018.
Pennsylvania	None	18^[145]	It is illegal to sell, furnish, give or otherwise provide tobacco to a minor. Minors may not purchase or attempt to purchase tobacco products. The minimum age of 16 years was introduced in 1972. The minimum age was raised from 16 to 18 in 1990. ^[81] ^[95]
Puerto Rico	None	18
Rhode Island	18^[146] ^[147]		No person under eighteen years of age shall purchase, nor shall any person sell, give, or deliver to any person under eighteen years of age, any tobacco products. No person under eighteen years of age shall use or possess, tobacco in any public street, place, or resort, any tobacco and/or electronic nicotine delivery system in any form. The minimum age of 16 years was introduced in 1896. The minimum age was raised from 16 to 18 in 1988. ^[81]
Rhode Island	18	21^[148]	Barrington and Central Falls have raised their sales age for tobacco products to 21 years.
South Carolina	None	18^[149]	It is illegal to sell, give or otherwise supply tobacco to anyone under the age of 18 years. It is illegal for minors to purchase, attempt to purchase, possess, or attempt to possess a tobacco product, or present or offer proof of age that is false or fraudulent for the purpose of purchasing or possessing a tobacco product.
South Dakota	None	18	Prior to 1989 South Dakota didn't regulate the sale of cigarettes to minors. Only smokeless tobacco products could not be sold to minors.
Tennessee	None	18^[150]	It is unlawful for a person who has not attained 18 years of age to possess a tobacco product, to purchase or accept receipt of a tobacco product, or to present or offer to any person any purported proof of age which is false, fraudulent, or not actually that person's own for the purpose of purchasing or receiving any tobacco product.
Texas	18^[151]		It is illegal to sell, give, supply or otherwise provide tobacco to minors. Minors may not purchase, attempt to purchase, possess, attempt to possess or consume tobacco products in public. Exception: The individual younger than 18 years of age possessed the cigarette or tobacco product in the presence of an adult parent, a guardian, or a spouse of the individual or an employer of the individual, if possession or receipt of the tobacco product is required in the performance of the employee's duties as an employee. The minimum age to purchase, possess and consume tobacco was 16 years of age from 1899 to 1989. ^[95]
Texas	18	21^[152]	San Antonio has raised its sales age for tobacco products to 21.
United States Virgin Islands	None	18	^[153]
Utah	19^[154]		It is illegal to sell, supply, give or otherwise furnish tobacco products or smoking devices to anyone under the age of 19 years. It is illegal for anyone under the age of 19 years to possess, consume, purchase any tobacco product.
Vermont	None	18^[155]	It is illegal to sell, supply, give or otherwise furnish tobacco products to anyone under the age of 18 years. It is illegal for anyone under the age of 18 years to possess or purchase tobacco products. The minimum age of 17 years was introduced in 1888. The minimum age was raised from 17 to 18 in 1991. ^[81] ^[95]
Virginia	18^[156]		It is illegal to sell, supply, give or otherwise furnish tobacco products to anyone under the age of 18 years. It is illegal for anyone under the age of 18 years to possess or purchase tobacco products. Prior to 1991 the minimum age to purchase tobacco products was 16 years of age. ^[95]
Washington	None	18^[157]	It is illegal to sell, give or permit to sell or give tobacco products to anyone under the age of 18 years. It is not illegal for minors to possess or consume tobacco products in public.
Washington, D.C.	None	21^[158]	It is illegal to sell, give or permit to sell or give tobacco products to anyone under the age of 21 years. It is not illegal for minors to possess or consume tobacco products in public. Tobacco use is prohibited at organized sporting events. The minimum age of 16 years was introduced in 1891. The minimum age was raised from 16 to 18 in 1990. ^[81] ^[95] The minimum age was raised from 18 to 21 in 2016.
West Virginia	18^[159]		It is illegal to sell, supply, give or otherwise furnish tobacco products to anyone under the age of 18 years. It is illegal for anyone under the age of 18 years to possess, consume or purchase tobacco products.
Wisconsin	None	18^[160]	It is illegal to sell, give or permit to sell or give tobacco products to anyone under the age of 18 years. It is not illegal for minors to possess or consume tobacco products in public.
Wyoming	18^[161]		It is illegal to sell, supply, give or otherwise furnish tobacco products to anyone under the age of 18 years. It is illegal for anyone under the age of 18 years to possess, consume or purchase tobacco products. Prior to 1991 Wyoming had no minimum purchase/sale age for tobacco products. ^[95]