Bill > S04051

This bill amends the New York public health law to make it unlawful for individuals under 21 years of age to possess tobacco or vaping products. Under the proposed legislation, if a person under 21 is found in possession of these products, they may be summoned to court and face a civil fine of up to $50, be required to complete a tobacco awareness program, or perform up to 30 hours of community service. Importantly, law enforcement officers are prohibited from arresting individuals for such possession, but they may seize the tobacco or vaping products. The bill defines "vaping products" as electronic cigarettes and associated products. The determination of possession will not be considered a criminal conviction and will not impact the individual's future ability to hold public office or obtain licenses. Any seized tobacco or vaping products can be destroyed after a specified waiting period, though individuals may apply to the court to prevent destruction if they believe the seizure was improper. The act is set to take effect on November 1st following its passage into law, aiming to discourage tobacco and vaping product use among young people by implementing civil penalties and educational interventions.

Health and Social Services

https://www.nysenate.gov/legislation/bills/2025/S4051