Tobacco and Vaping Laws in South Dakota
How South Dakota law treats smoking and vaping age, from the state code and official state agencies.
Short answer: The minimum age to buy tobacco products, including vapor products, in South Dakota is 21. It is a Class 2 misdemeanor (up to 30 days and/or $500) to sell or give tobacco to anyone under 21, to buy it for them, or for a person under 21 to buy, try to buy, possess or use it. SDCL 34-46-2, 34-46-5
| Smoking and vaping age | The minimum age to buy tobacco products, including vapor products, in South Dakota is 21. It is a Class 2 misdemeanor (up to 30 days and/or $500) to sell or give tobacco to anyone under 21, to buy it for them, or for a person under 21 to buy, try to buy, possess or use it. Reasonable reliance on proof of age is a complete defense for the seller. SL 2026, ch 54 replaces 'tobacco product' with 'nicotine product' (as defined in SDCL 10-50E-1) effective Jan. 1, 2027; the age stays 21. Class C felony life; Class 2 felony up to 25 years; Class 5 felony up to 5 years; Class 6 felony up to 2 years and/or $4,000; Class 1 misdemeanor up to 1 year and/or $2,000; Class 2 misdemeanor up to 30 days and/or $500. Source: SDCL 34-46-2, 34-46-5 |
|---|
More South Dakota criminal law
- Felony Theft Amount and Penalties in South Dakota
- Self-Defense Laws in South Dakota
- Criminal Statutes of Limitations in South Dakota
- Bail, Pretrial Release and Public Defenders in South Dakota
- Assault Laws in South Dakota
- Battery Laws in South Dakota
- Domestic Violence Charges in South Dakota
- Shoplifting and Petty Theft in South Dakota
- Burglary and Robbery in South Dakota
- Vandalism Laws in South Dakota
- Trespassing Laws in South Dakota
- Drug Possession Laws in South Dakota
- Hit and Run Laws in South Dakota
- Reckless Driving in South Dakota
- Harassment and Stalking Laws in South Dakota
- Resisting Arrest in South Dakota
- Missing a Court Date in South Dakota
- Probation Violations in South Dakota
- Obstruction of Justice in South Dakota
- Perjury Laws in South Dakota
- Public Intoxication in South Dakota
- Disorderly Conduct in South Dakota
- Indecent Exposure in South Dakota
- Prostitution and Solicitation Laws in South Dakota
- Gambling Laws in South Dakota
- Embezzlement Laws in South Dakota
- Fraud and Identity Theft in South Dakota
- Forgery Laws in South Dakota
- Blackmail and Extortion Laws in South Dakota
- Murder Laws in South Dakota
- Manslaughter Laws in South Dakota
- Child Endangerment Laws in South Dakota
- Arson Laws in South Dakota
- Animal Cruelty Laws in South Dakota
- Revenge Porn Laws in South Dakota
- Cyberbullying Laws in South Dakota
- Sexting Laws in South Dakota
- Human Trafficking Laws in South Dakota
- Jaywalking Laws in South Dakota
- Open Container Law in South Dakota
- Underage Drinking and Fake ID Laws in South Dakota
- Driving on a Suspended License in South Dakota
- Driving Without a License in South Dakota
- Knife Laws in South Dakota
- Fireworks Laws in South Dakota
- Kidnapping Laws in South Dakota
- Criminal Threats Laws in South Dakota
- Car Theft Laws in South Dakota
- Receiving Stolen Property in South Dakota
- Drug Trafficking Laws in South Dakota
- Prescription Fraud Laws in South Dakota
- Vehicular Assault Laws in South Dakota
- Street Racing Laws in South Dakota
- Boating Under the Influence in South Dakota
- Insurance Fraud Laws in South Dakota
- Welfare and Unemployment Fraud in South Dakota
- Bribery Laws in South Dakota
- Sexual Assault Laws in South Dakota
- Child Sexual Abuse Laws in South Dakota
- Child Sexual Abuse Material Laws in South Dakota
- Online Solicitation of a Minor in South Dakota
- Sex Offender Registration in South Dakota
- Felon in Possession of a Firearm in South Dakota
- Computer Crime Laws in South Dakota
- Recording Laws in South Dakota
- False Police Report Laws in South Dakota
- Hate Crime Laws in South Dakota
- Parole Violations in South Dakota
- Violating a Protective Order in South Dakota
- Juveniles Tried as Adults in South Dakota
- The Death Penalty in South Dakota
- Voting Rights After a Felony in South Dakota
- Restoring Civil Rights After a Felony in South Dakota
- Three Strikes and Habitual Offender Laws in South Dakota
- Delta-8 and Hemp THC Laws in South Dakota
- Psilocybin Laws in South Dakota
- Kratom Laws in South Dakota
- CBD Laws in South Dakota
- Elder Abuse Laws in South Dakota
- Voyeurism Laws in South Dakota
- Assault on a Police Officer in South Dakota
- All South Dakota criminal law rules
FAQ
What is the smoking and vaping age in South Dakota?
The minimum age to buy tobacco products, including vapor products, in South Dakota is 21. It is a Class 2 misdemeanor (up to 30 days and/or $500) to sell or give tobacco to anyone under 21, to buy it for them, or for a person under 21 to buy, try to buy, possess or use it. Reasonable reliance on proof of age is a complete defense for the seller.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.