Twin Cities Criminal Lawyer

Sale of Nicotine Delivery Products to Persons Under Age 21

Understanding Minnesota’s Restrictions on Novel Nicotine Products for Underage Individuals in Minneapolis-St. Paul

Allegations concerning the sale or furnishing of certain nicotine or lobelia delivery products to individuals under 21 years of age in Minnesota are governed by the specific provisions of Minnesota Statute § 609.6855. This law is distinct from, yet complementary to, the broader statute regulating tobacco and electronic delivery devices, targeting other products intended for human consumption that deliver nicotine or lobelia. For retailers and individuals in the Twin Cities metropolitan area, including Minneapolis, St. Paul, Hennepin County, and Ramsey County, a clear understanding of this nuanced law is essential. A violation typically results in a petty misdemeanor for a first offense, escalating to a misdemeanor for subsequent offenses, carrying potential fines and the creation of a legal record.

Successfully navigating an accusation under this statute requires careful attention to the precise definitions of the products covered and the circumstances of the alleged transaction. For businesses in Dakota, Anoka, or Washington counties that may sell items like nicotine pouches, lozenges, or other novel nicotine-containing products not classified as traditional tobacco or e-cigarettes, compliance with age verification is paramount. For individuals, understanding that “furnishing” these products socially to someone under 21 is also prohibited is key. A confident, results-oriented defense will scrutinize whether the product falls under this specific statute, whether the age verification (if applicable) was diligently performed, and whether all elements of the offense can be proven by the state.

Minnesota Statute § 609.6855: The Law on Sales of Other Nicotine Delivery Products to Underage Persons

Minnesota Statute § 609.6855 specifically addresses the sale, giving, or furnishing of products containing nicotine or lobelia (that are not tobacco or electronic delivery devices as defined in § 609.685) to individuals under 21. It defines penalties, an affirmative defense, and exceptions, including for FDA-authorized products.

609.6855 SALE OF NICOTINE DELIVERY PRODUCTS TO PERSONS UNDER AGE 21.

Subdivision 1.Penalty to sell or furnish.	(a) Any person 21 years of age or older who sells, gives, or otherwise furnishes to a person under the age of 21 years a product containing or delivering nicotine or lobelia, whether natural or synthetic, intended for human consumption, or any part of such a product, that is not tobacco or an electronic delivery device as defined by section 609.685, is guilty of a petty misdemeanor for the first violation. Whoever violates this subdivision a subsequent time within five years of a previous conviction under this subdivision is guilty of a misdemeanor.
	(b) It is an affirmative defense to a charge under this subdivision if the defendant proves by a preponderance of the evidence that the defendant reasonably and in good faith relied on proof of age as described in section 340A.503, subdivision 6.
	(c) Notwithstanding paragraph (a), a product containing or delivering nicotine or lobelia intended for human consumption, whether natural or synthetic, or any part of such a product, that is not tobacco or an electronic delivery device as defined by section 609.685, may be sold to persons under the age of 21 if the product is a drug, device, or combination product, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that is authorized for sale by the United States Food and Drug Administration.
Subd. 2.Use of false identification.	A person under the age of 21 years who purchases or attempts to purchase a product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not tobacco or an electronic delivery device as defined by section 609.685, and who uses a driver's license, permit, Minnesota identification card, or any type of false identification to misrepresent the person's age, shall only be subject to an alternative civil penalty in accordance with subdivision 3. No penalty shall apply to a person under the age of 21 years who purchases or attempts to purchase these products while under the direct supervision of a responsible adult for training, education, research, or enforcement purposes.
Subd. 3.Alternative penalties.	Law enforcement and court system representatives shall consult, as applicable, with interested persons, including but not limited to parents, guardians, educators, and persons under the age of 21 years, to develop alternative civil penalties for persons under the age of 21 years who violate this section. Consulting participants shall consider a variety of alternative civil penalties including but not limited to tobacco-free education programs, community service, court diversion programs, and tobacco cessation programs, and for persons under the age of 18 years, notice to schools and to parents or guardians. Alternative civil penalties developed under this subdivision shall not include fines or monetary penalties.

Key Elements of Selling Nicotine Delivery Products to Persons Under 21 in Minnesota

When the state brings charges under Minnesota Statute § 609.6855, Subd. 1(a), for unlawfully providing certain nicotine or lobelia products to individuals under 21, prosecutors in Hennepin County, Ramsey County, or other Minnesota jurisdictions must prove each essential element of the offense beyond a reasonable doubt. This standard is unwavering, whether the charge is a petty misdemeanor for a first offense or an enhanced misdemeanor for a subsequent violation. For any retailer, employee, or private citizen in the Twin Cities area facing such an accusation, a thorough understanding of these elements is foundational to constructing a defense. The statute is quite specific about the types of products covered and the actions prohibited.

  • A Person 21 Years of Age or Older: The individual accused of the violation (the seller or furnisher) must be 21 years of age or older. This element mirrors the requirement in the companion statute for tobacco and e-cigarettes. If the person providing the product is themselves under 21, this specific subdivision would not apply to them as the provider, though other legal or social consequences might arise. The prosecution must establish the age of the defendant, a key point for cases in Minneapolis.
  • Sells, Gives, or Otherwise Furnishes: The prohibited act includes a sale (an exchange for money or other value), a gift (providing without expectation of payment), or otherwise furnishing (any other way of supplying or making available) the regulated product. This broad terminology ensures that various methods of transfer, from a retail transaction in a St. Paul shop to an adult sharing nicotine pouches with an underage individual, are covered. The act of transfer itself is a critical component.
  • A Product Containing or Delivering Nicotine or Lobelia (Not Tobacco or § 609.685 Electronic Delivery Device): This is the most distinctive element of this particular statute. The product involved must:
    • Contain or deliver nicotine or lobelia, whether natural or synthetic.
    • Be intended for human consumption.
    • Crucially, it must not be tobacco as defined in § 609.685 (e.g., cigarettes, chew) and not be an electronic delivery device as defined in § 609.685 (e.g., e-cigarettes, vape pens). This statute targets other nicotine/lobelia products like certain pouches, lozenges, gums, or dissolvable items that fall outside those other definitions. Proving the product fits this specific niche is essential for the prosecution in an Anoka County case. The statute also covers “any part of such a product.”
  • To a Person Under the Age of 21 Years: The recipient of the nicotine or lobelia product must be under the age of 21 years at the time of the transaction or when the product was furnished. The state must provide clear evidence of the recipient’s age. This element is often tested during compliance checks in Dakota County or through investigations following complaints. While the defendant’s knowledge of the recipient’s exact age isn’t an explicit element for the basic violation, a reasonable and good faith reliance on what appeared to be valid proof of age showing the person to be 21 or older serves as an affirmative defense.
  • Absence of FDA Authorization Exception (for the prosecution to overcome if raised): Subdivision 1(c) provides an important exception: if the product, despite containing nicotine or lobelia and not being tobacco or an e-cigarette, is a drug, device, or combination product authorized for sale by the FDA (e.g., FDA-approved nicotine replacement therapies like certain gums or patches), then selling it to persons under 21 is not a violation under this statute. If a defendant in Washington County claims the product sold was an FDA-authorized cessation aid, the prosecution would need to show it wasn’t, or that it wasn’t being sold as such.

Potential Penalties and Consequences for Selling Nicotine Delivery Products to Underage Persons in Minnesota

A conviction under Minnesota Statute § 609.6855, Subd. 1(a), for selling, giving, or otherwise furnishing specific nicotine or lobelia delivery products (those not covered by § 609.685) to an individual under 21 carries defined penalties. These penalties escalate for repeat offenses and are designed to deter such provisions to youth. Businesses and individuals in Minneapolis, St. Paul, and throughout the Twin Cities region should be cognizant of these potential legal outcomes, which include fines and the creation of an official record.

Petty Misdemeanor for a First Violation

If it is the person’s first violation under this specific subdivision, they are guilty of a petty misdemeanor.

  • Fine: In Minnesota, a petty misdemeanor is generally punishable by a fine of not more than $300, as per Minn. Stat. § 609.033, unless the specific statute creating the offense states otherwise (which § 609.6855 does not for the fine amount). The actual fine imposed by a court in Hennepin County or Ramsey County can vary.
  • No Jail Time: Importantly, a petty misdemeanor conviction does not carry any potential for jail time.
  • Record of Offense: A record of the petty misdemeanor conviction will be created. While not a “crime” for many legal purposes (like voting or jury duty), it is an official notation of a violation.

Misdemeanor for Subsequent Violations

If a person commits another violation of this subdivision within five years of a previous conviction under this same subdivision, the offense is elevated to a misdemeanor.

  • Jail Time: A misdemeanor conviction can result in a jail sentence of up to 90 days.
  • Fine: A fine of up to $1,000 may be imposed.
  • Probation: The court in Dakota or Anoka counties might also sentence the individual to probation, which could include conditions like compliance training, avoiding further violations, and other terms.
  • Criminal Record: A misdemeanor conviction results in a formal criminal record, which carries more significant collateral consequences than a petty misdemeanor, potentially impacting employment or other opportunities for residents in Washington County.

Alternative Civil Penalties for Underage Purchasers

Similar to the main tobacco sales statute, Minn. Stat. § 609.6855, Subd. 2 and 3, specify that individuals under the age of 21 who purchase or attempt to purchase these specific nicotine or lobelia products using false identification are subject to alternative civil penalties, not criminal fines. These penalties focus on education and intervention, such as tobacco-free education programs or community service, and do not include monetary fines.

How Charges for Selling Other Nicotine Products to Underage Persons Can Arise in Minnesota: Illustrative Scenarios

Charges under Minnesota Statute § 609.6855 typically arise when individuals under 21 acquire nicotine or lobelia products that are not traditional cigarettes, chewing tobacco, or e-cigarettes/vapes as defined in the primary tobacco statute (§ 609.685). These “other” products can include items like nicotine pouches, lozenges, gums, dissolvable strips, or certain novel inhalers that deliver nicotine or lobelia but don’t fit the older categories. Law enforcement or public health agencies in Minneapolis, St. Paul, and the surrounding Twin Cities communities may conduct compliance checks targeting these specific products, or complaints from parents or schools may trigger investigations.

The critical distinction for a charge under § 609.6855 is that the product in question is not covered by § 609.685. The offense still centers on a person 21 or older providing these items to someone under 21. For retailers in Hennepin County or Ramsey County stocking these newer nicotine alternatives, understanding this separate statute and ensuring rigorous age verification is essential. The following examples illustrate how violations might occur.

Example: Sale of Nicotine Pouches to an Underage Decoy in a Minneapolis Gas Station

A gas station in Minneapolis sells various oral nicotine pouches that are not classified as traditional “chewing tobacco” or “snuff” under § 609.685. During a compliance check, a 19-year-old volunteer, supervised by law enforcement, attempts to purchase these nicotine pouches. The 23-year-old clerk fails to ask for ID and completes the sale. The clerk would be cited under Minn. Stat. § 609.6855, Subd. 1(a), for selling a product containing nicotine (that is not tobacco or an e-cigarette) to a person under 21. This would be a petty misdemeanor for a first offense.

Example: Adult Sharing Nicotine Lozenges with a Minor at a St. Paul Concert

At an outdoor concert in St. Paul, a 25-year-old individual offers nicotine lozenges to their 18-year-old friend. These lozenges contain synthetic nicotine and are not FDA-approved as a cessation device. If observed by security or reported, the 25-year-old could be charged under § 609.6855 for “giving” or “otherwise furnishing” a product containing nicotine (that is not tobacco or an e-cigarette) to a person under 21. The social setting does not exempt the act from the statute.

Example: Health Food Store in Anoka County Sells Lobelia Extract to a Teenager

A health food store in Anoka County sells herbal extracts, including a liquid lobelia extract marketed for respiratory support but known to contain lobeline, which can have nicotine-like effects. A 17-year-old purchases this extract. If lobelia is intended for human consumption and is not an FDA-approved drug for this youth, and the store employee (21 or older) sells it without verifying age or if it’s known to be sought for its psychoactive properties by youth, this could potentially fall under § 609.6855 if the product is deemed to be “containing or delivering…lobelia…intended for human consumption” and is not tobacco or an e-cig. The specific nature and marketing of the lobelia product would be key.

Example: Online Retailer Ships Synthetic Nicotine Products to an Underage Customer in Dakota County

An online retailer, specializing in novel nicotine products that are not e-cigarettes (e.g., nicotine-infused toothpicks or gums not FDA-approved as cessation aids), ships an order to a 20-year-old customer in Dakota County. The website’s age verification process is easily bypassed. If Minnesota authorities investigate, perhaps after a parental complaint, the out-of-state retailer (if subject to Minnesota jurisdiction) or any in-state entity facilitating the sale could face charges under § 609.6855 for selling or furnishing these specific nicotine products to an individual under 21.

Example: Sale of FDA-Approved Nicotine Gum to a 19-Year-Old in Washington County (Potential Exception)

A pharmacy in Washington County sells a brand of nicotine gum, which is an FDA-approved smoking cessation product, to a 19-year-old who states they are trying to quit smoking. Under Minn. Stat. § 609.6855, Subd. 1(c), products containing nicotine or lobelia that are FDA-authorized drugs, devices, or combination products may be sold to persons under 21. In this scenario, the sale would likely not be a violation of § 609.6855, as it falls under this explicit exception. This highlights the importance of the FDA-authorization status for products sold to this age group.

Building a Strong Defense Against Charges of Selling Nicotine Delivery Products to Underage Persons in Minneapolis

When a retailer, employee, or any individual in the Twin Cities area, including Dakota, Anoka, and Washington counties, faces an accusation under Minnesota Statute § 609.6855 for providing specific nicotine or lobelia products to someone under 21, it is essential to understand that viable defense strategies exist. While the state is committed to preventing youth access to all forms of nicotine, the prosecution must prove every element of this distinct offense. A confident defense approach involves a thorough review of the specific product involved, the circumstances of the alleged transaction, and the procedures followed by compliance checkers or law enforcement.

For businesses and their employees in Hennepin County or Ramsey County, the affirmative defense related to good faith reliance on proof of age remains a cornerstone of protection, similar to the broader tobacco sales statute. Additionally, the unique nature of the products covered by § 609.6855—those that are not traditional tobacco or e-cigarettes—means that accurately categorizing the product is critical. Furthermore, the exception for FDA-authorized products provides another important avenue for defense. A results-oriented strategy will explore all these angles to protect the rights of the accused and aim for the most favorable outcome.

Affirmative Defense: Reasonable and Good Faith Reliance on Proof of Age

As with the general tobacco sales law, Minn. Stat. § 609.6855, Subd. 1(b) provides an affirmative defense. If the defendant (21 or older) can demonstrate by a preponderance of the evidence that they reasonably and in good faith relied on an apparently valid proof of age (as described in Minn. Stat. § 340A.503, Subd. 6) indicating the purchaser was 21 or older, this can lead to an acquittal.

  • Diligent ID Verification: The defense would focus on showing that the seller properly requested and examined an ID that, on its face, appeared legitimate and showed the person to be of legal age. Evidence: This could include testimony from the seller about their standard procedure, store surveillance footage capturing the ID check, or records from an ID scanning system used at a Minneapolis retail location.
  • Appearance of ID: The quality of the ID presented is relevant. If it was a sophisticated fake that a reasonable person would not detect, the “good faith reliance” argument is stronger than if the ID was obviously altered or did not match the individual presenting it. Training on spotting fake IDs can bolster a St. Paul store’s claim of diligence.

Product Not Covered by This Specific Statute (§ 609.6855)

This statute is narrowly tailored to products containing nicotine or lobelia that are not “tobacco” or “electronic delivery devices” as defined in § 609.685. If the product in question actually falls under those other definitions, then § 609.6855 would be the incorrect statute to charge under.

  • Product is “Tobacco”: If the item sold was, for example, a pack of cigarettes or a can of snuff, it is “tobacco” under § 609.685, and § 609.6855 should not apply. The defense would argue the wrong statute was charged, potentially leading to dismissal of the § 609.6855 charge, though a charge under § 609.685 might then be considered by the Anoka County prosecutor if applicable.
  • Product is an “Electronic Delivery Device”: Similarly, if the item was a vape pen or e-cigarette as defined in § 609.685, then § 609.6855 is not the correct charging statute. Accurately classifying the product is paramount.

Product is an FDA-Authorized Drug, Device, or Combination Product

Minn. Stat. § 609.6855, Subd. 1(c) provides a significant exception: if the nicotine or lobelia product is authorized for sale by the U.S. Food and Drug Administration (FDA) as a drug, device, or combination product (e.g., nicotine replacement therapies like certain gums, patches, or lozenges), it may be sold to persons under 21 without violating this statute.

  • Evidence of FDA Authorization: The defense would need to provide evidence that the specific product sold is, in fact, an FDA-authorized item for purposes like smoking cessation. Proof: This could involve product packaging, manufacturer information, or official FDA listings. This is a crucial defense for pharmacies or other retailers in Dakota County selling such health products.
  • Sale Consistent with Authorization: The manner of sale should also be consistent with its status as an FDA-authorized product, not, for example, marketed for recreational use if it’s a cessation aid.

Challenging Other Elements of the Offense

Beyond these specific defenses, challenges can be made to other fundamental elements the prosecution must prove.

  • Recipient Not Proven to be Under 21: The state must definitively prove the age of the person who received the product. If there’s insufficient or unreliable evidence of the recipient’s age during an alleged incident in Washington County, the charge cannot be sustained.
  • No Sale, Gift, or Furnishing Occurred: The defendant may argue that no transaction or provision of the product actually took place, or that they were not the person involved. Example: Mistaken identity of the seller, or a situation where an underage person took a product without it being sold or given to them.
  • Defendant Not 21 or Older: If the person who allegedly provided the product was themselves under the age of 21, they cannot be charged under Subd. 1(a) of this statute as the provider.

Answering Your Questions About Minnesota’s Law on Sales of Other Nicotine Products to Underage Persons

Minnesota Statute § 609.6855 deals with a specific category of nicotine and lobelia products. Understanding its nuances is important for retailers and residents in Minneapolis, St. Paul, and the Twin Cities metro area. Here are some frequently asked questions.

What is the main difference between Minn. Stat. § 609.685 and § 609.6855?

Section 609.685 primarily covers traditional “tobacco” products (cigarettes, chew, etc.) and “electronic delivery devices” (vapes, e-cigs). Section 609.6855 specifically targets other products containing nicotine or lobelia that are intended for human consumption but are not tobacco or electronic delivery devices as defined in § 609.685. This could include items like nicotine pouches, lozenges, gums, or certain herbal products containing lobelia, if not FDA-approved as drugs/devices.

What kind of products fall under § 609.6855?

This statute covers products like nicotine pouches (that aren’t traditional snuff/chew), nicotine gums or lozenges (if not FDA-approved as cessation aids sold accordingly), dissolvable nicotine strips, or products containing lobelia, as long as they are intended for human consumption and deliver nicotine or lobelia. The key is they are not cigarettes, traditional smokeless tobacco, or e-cigarettes/vapes as defined in the other statute. Retailers in Hennepin County need to be aware of this distinction for their inventory.

What is “lobelia” as mentioned in this statute?

Lobelia is an herb that contains an alkaloid called lobeline, which has some effects similar to nicotine and has historically been used in some smoking cessation products or herbal remedies. If a product delivers lobelia for human consumption and isn’t tobacco or an e-cig, it could fall under this statute if sold to someone under 21 (unless it’s an FDA-authorized drug).

What are the penalties for a first-time violation of § 609.6855 in Ramsey County?

A first violation by a person 21 or older who sells or furnishes these specific nicotine/lobelia products to someone under 21 is a petty misdemeanor. This typically means a fine of up to $300 and no jail time, but it does create an official record.

What if an Anoka County store employee violates this law a second time?

If a person violates § 609.6855, Subd. 1(a) again within five years of a previous conviction under that same subdivision, the offense becomes a misdemeanor. This can result in a fine of up to $1,000, up to 90 days in jail, or both, and a more serious criminal record.

Does the “good faith reliance on ID” defense apply to this statute?

Yes, Minn. Stat. § 609.6855, Subd. 1(b) provides the same affirmative defense as in the main tobacco sales law: if the defendant (21+) proves they reasonably and in good faith relied on a valid-appearing proof of age indicating the purchaser was 21 or older, it can be a defense to the charge in a Dakota County case.

Can FDA-approved nicotine replacement therapies (NRTs) be sold to persons under 21?

Yes, under Subd. 1(c), if a product containing nicotine or lobelia is a drug, device, or combination product authorized for sale by the U.S. Food and Drug Administration (like many NRT gums, patches, or lozenges), it may be sold to persons under 21 without violating this specific statute. This is an important exception for pharmacies in Washington County.

What happens if a person under 21 uses a fake ID to buy these nicotine pouches in Minneapolis?

Under Subd. 2 of § 609.6855, a person under 21 who uses a false ID to purchase or attempt to purchase these specific nicotine/lobelia products is subject only to alternative civil penalties (like education programs or community service), not criminal fines.

Does this law prevent a parent in St. Paul from buying FDA-approved nicotine gum for their 19-year-old child who is trying to quit smoking?

If the nicotine gum is an FDA-authorized smoking cessation product, then under Subd. 1(c), its sale to a person under 21 (including a 19-year-old) is permissible under this statute. Therefore, a parent purchasing it for them, or the 19-year-old purchasing it themselves, would likely not violate § 609.6855.

Are there exceptions for underage individuals involved in compliance checks for these products?

Yes, Subd. 2 states that no penalty applies to a person under 21 who purchases or attempts to purchase these products while under the direct supervision of a responsible adult for training, education, research, or enforcement purposes. This protects underage decoys in sting operations.

Does this statute apply if the product contains synthetic nicotine but isn’t an e-cigarette?

Yes, Subdivision 1(a) specifies “nicotine or lobelia, whether natural or synthetic.” So, if a product like a synthetic nicotine pouch (that isn’t an e-cigarette) is sold to someone under 21, this statute would apply.

Can a local city in the Twin Cities have stricter rules for these “other” nicotine products?

While § 609.685, Subd. 4 (the general tobacco sales statute) allows for stricter local ordinances, § 609.6855 itself does not contain a similar explicit preemption clause allowing stricter local rules for these specific other nicotine/lobelia products. However, local licensing and public health ordinances might still have broader applicability. It’s a more nuanced area compared to traditional tobacco.

If a product is marketed as “tobacco-free nicotine,” does § 609.6855 apply?

Yes, if it contains nicotine (natural or synthetic) and is intended for human consumption, and is not tobacco or an electronic delivery device as defined in § 609.685, then § 609.6855 would be the relevant statute for sales to persons under 21.

What if the seller in Hennepin County genuinely didn’t know the product contained nicotine or lobelia?

The statute prohibits selling/furnishing “a product containing or delivering nicotine or lobelia.” While “knowledge” of the recipient’s age is addressed by the ID defense, knowledge of the product’s contents by the seller isn’t explicitly an element the state must prove beyond the product simply containing it. However, if a product was deceptively mislabeled by a manufacturer, that could be a complex factual defense regarding the nature of the product itself.

Are herbal cigarettes containing lobelia but no tobacco covered by this?

If such a product is intended for human consumption, delivers lobelia, and is not considered “tobacco” or an “electronic delivery device” under § 609.685, then its sale to someone under 21 by a person 21+ could fall under § 609.6855, unless it’s an FDA-authorized drug/device.

Beyond the Citation: Long-Term Effects of a Conviction for Selling Other Nicotine Products to Underage Persons

A conviction under Minnesota Statute § 609.6855 for selling or furnishing certain nicotine or lobelia delivery products (those not classified as traditional tobacco or e-cigarettes) to individuals under 21 can have lasting implications, despite the initial offense being a petty misdemeanor. For retailers, employees, and other individuals in Minneapolis, St. Paul, and the greater Twin Cities area, it’s important to recognize that any mark on one’s record can have unforeseen consequences.

Impact on Official Records and Future Scrutiny

A first-time conviction under § 609.6855 is a petty misdemeanor, while a subsequent offense within five years becomes a misdemeanor.

  • Record of Violation: Even a petty misdemeanor creates an official record of the violation with the Minnesota court system. A misdemeanor results in a formal criminal record. This information can be accessed through various background checks conducted in Hennepin County or Ramsey County.
  • Increased Compliance Checks for Businesses: For a retail business in Dakota County, a violation could lead to increased attention from local licensing authorities or public health agencies. This might mean more frequent compliance checks, potentially leading to further citations if issues persist, and a general sense of being “on the radar.”

Employment Considerations for Individuals

For an individual cited, such as a store clerk in Anoka County, a conviction can pose challenges.

  • Retail and Customer Service Jobs: Employers in these sectors, particularly those selling age-restricted products, may view a conviction for underage sales (even of these “other” nicotine products) negatively. It might raise concerns about the candidate’s diligence, adherence to policy, and judgment.
  • Background Checks: While a petty misdemeanor is less likely to be a major barrier than a misdemeanor, any recorded offense can require explanation during a hiring process in Washington County or elsewhere in the Twin Cities, potentially disadvantaging an applicant. A misdemeanor conviction would be a more significant concern for many employers.

Potential Implications for Business Licenses and Operations

While § 609.6855 itself outlines penalties for the person committing the violation, repeated offenses occurring at a particular business location can have repercussions for the business’s license to sell tobacco or related nicotine products.

  • Local Licensing Actions: Cities and counties in Minnesota often have their own licensing schemes for retailers of tobacco and nicotine products. Violations of state law can trigger administrative actions by these local bodies, including fines against the business, or in cases of repeated issues, suspension or revocation of the license to sell these products. This could severely impact a business’s viability.
  • Reputation: For a business, a reputation for being non-compliant with youth access laws can be damaging within the local community, potentially affecting customer loyalty.

Personal and Social Considerations

For an individual who furnishes such products socially, a conviction, even a petty misdemeanor, can be a source of personal embarrassment and may affect relationships, particularly if it involves providing products to a friend’s underage child or similar circumstances. It reflects a legal finding of irresponsible behavior concerning age-restricted substances. While not as severe as many other offenses, it’s a mark that most would prefer to avoid.

Importance of Legal Counsel When Facing Charges for Selling Other Nicotine Products to Underage Persons in Minnesota

When a retailer, employee, or other individual in Minneapolis, St. Paul, or the surrounding Twin Cities region is cited under Minnesota Statute § 609.6855 for allegedly selling or furnishing specific nicotine or lobelia products to someone under 21, the decision to consult with legal counsel is a wise one. Although a first offense is a petty misdemeanor, the potential for escalation to a misdemeanor, the creation of an official record, and the distinct nature of the products covered by this statute warrant careful legal consideration. An attorney can provide crucial guidance and defense.

Accurately Interpreting Product Definitions and Statutory Scope in Hennepin County

Minnesota Statute § 609.6855 is very specific: it applies to nicotine or lobelia products that are not “tobacco” and not “electronic delivery devices” as defined in § 609.685. An attorney can help determine if the product involved in a Hennepin County case actually falls under this narrow definition or if it should have been addressed under a different statute, or not at all. Misclassification of the product by the citing authority could be a key defense. Understanding this distinction is paramount.

Leveraging the FDA-Authorized Product Exception in Ramsey County Cases

A critical component of § 609.6855 is the exception in Subdivision 1(c) for products containing nicotine or lobelia that are authorized for sale by the FDA as drugs, devices, or combination products. If a pharmacy or retailer in Ramsey County sold an FDA-approved nicotine replacement therapy (like certain gums or patches) to someone under 21, this is permissible under this statute. An attorney can help gather the necessary evidence to prove FDA authorization and assert this defense effectively.

Applying the Affirmative Defense of Reliance on Proof of Age in Dakota County

Similar to other underage sales laws, the affirmative defense of reasonably and in good faith relying on an apparently valid ID showing the purchaser to be 21 or older is available. An attorney can help a defendant in Dakota County build this defense by collecting evidence of ID checks, store policies, and employee training. They understand how to present this defense by the required “preponderance of the evidence” standard. This can be particularly important for clerks who believed they were acting responsibly.

Protecting Business Interests and Individual Records in Anoka and Washington Counties

For businesses in Anoka County, a citation against an employee can have ripple effects on their tobacco or nicotine sales license. For individuals in Washington County, even a petty misdemeanor creates a record. An attorney can work to achieve the best possible outcome, such as a dismissal, an acquittal, or a resolution that minimizes the impact on the individual’s record and any associated business. They can also represent the business in any related administrative licensing proceedings, aiming to prevent suspensions or revocations. This comprehensive approach is vital for safeguarding both personal and business interests.