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Ohio Rev. Code Ann. § 2151.87

Prohibiting child from possessing, using, purchasing or receiving tobacco products

Applied in 4 court decisions — leading case Stalnaker v. Stalnaker (2023)

Most recently applied in In re E.W. v. Natl. Youth Advocate Program (August 2024)

Effective: October 17, 2019; Latest Legislation: House Bill 166 - 133rd General Assembly

How often courts cite this section

2021202420
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(A) As used in this section:

"Tobacco product" has the same meaning as in section 2927.02 of the Revised Code.

(B) No child shall do any of the following unless accompanied by a parent, spouse, or legal guardian of the child, each of whom shall be twenty-one years of age or older:

(1) Use, consume, or possess tobacco products;

(2) Purchase or attempt to purchase tobacco products;

(3) Order, pay for, or share the cost of tobacco products;

(4) Except as provided in division (E) of this section, accept or receive tobacco products.

(C) No child shall knowingly furnish false information concerning that child's name, age, or other identification for the purpose of obtaining tobacco products.

(D) A juvenile court shall not adjudicate a child a delinquent or unruly child for a violation of this section.

(E)(1) It is not a violation of division (B)(4) of this section for a child to accept or receive tobacco products if the child is required to do so in the performance of the child's duties as an employee of that child's employer and the child's acceptance or receipt of tobacco products occurs exclusively within the scope of the child's employment.

(2) It is not a violation of division (B)(1), (2), (3), or (4) of this section if the child possesses, purchases or attempts to purchase, orders, pays for, shares the cost of, or accepts or receives tobacco products while participating in an inspection or compliance check conducted by a federal, state, local, or corporate entity at a location at which tobacco products are sold or distributed.

(F) If a juvenile court finds that a child violated division (C) of this section, the court may require the child to perform not more than twenty hours of community service.

Official source: Ohio Laws & Administrative Rules (Legislative Service Commission). Reproduced from public-domain Ohio statutes; confirm against the official source for the current text. Not legal advice.