2015 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 167 - Offenses Against General Welfare and Animals
Section 167.401 - Purchase by minors of tobacco products or inhalant delivery systems prohibited; exceptions.

(1)(a) Except as provided in subsection (4) of this section, a person under 18 years of age may not purchase, attempt to purchase or acquire tobacco products or inhalant delivery systems.

(b) A person under 18 years of age may not possess tobacco products or an inhalant delivery system unless the person is in a private residence accompanied by the parent or guardian of the person and the parent or guardian has consented to the person possessing tobacco products or the inhalant delivery system.

(2) A person who violates subsection (1) of this section commits a Class B violation.

(3)(a) In lieu of any other penalty established by law, a person who is convicted for the first time of a violation of subsection (1) of this section may be ordered to participate in an education program about using tobacco products or inhalant delivery systems or a cessation program for users of tobacco products or inhalant delivery systems or to perform community service related to diseases associated with using tobacco products or inhalant delivery systems. Except as provided in paragraph (b) of this subsection, a person may be ordered to participate in a program described in this paragraph only once.

(b) In addition to and not in lieu of any other penalty established by law, a person who is convicted of a second violation of subsection (1) of this section through misrepresentation of age may be required to participate in a program described in paragraph (a) of this subsection or to perform community service as described in paragraph (a) of this subsection, and the court shall order that the person’s driving privileges or right to apply for driving privileges be suspended for a period not to exceed one year. If a court has issued an order suspending driving privileges under this paragraph, the court, upon petition of the person, may withdraw the order at any time the court deems appropriate. The court notification to the Department of Transportation under this paragraph may include a recommendation that the person be granted a hardship permit under ORS 807.240 if the person is otherwise eligible for the permit.

(4) A person under 18 years of age who is acting under the supervision of an adult may purchase, attempt to purchase or acquire tobacco products or an inhalant delivery system for the purpose of testing compliance with a federal law, state law, local law or retailer management policy limiting or regulating the delivery of tobacco products or inhalant delivery systems to minors.

[1999 c.1077 §8; 2011 c.355 §20; 2011 c.597 §168a; 2015 c.158 §8]

Note: 167.401 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 167 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.