new Illinois law parallels the ban in place for many years on the sale of conventional cigarettes and other tobacco products to children. While the new law includes a wide variety of actual and hypothetical nicotine delivery devices, it is specifically aimed at the sale of e-cigarettes and vaporizers. Possession of tobacco by children under the age of 18 is already illegal, and this new law (effective June 1, 2016) will extend the existing ban to cover newly-invented vape and e-cigarette products.
The bill (SB 32) creating this new law was enacted by the House and Senate in 2015, and was signed by Governor Rauner on Friday, January 29 as P.A. 99-496. Under the new law, the retail sale of alternative nicotine products to a juvenile, and the possession of these products by a juvenile, will become a petty offense punishable by a schedule of fines. For the retailer the statutory fine for a first offense will be $200, and for a juvenile the statutory fine for a first offense will be $50 with a possible additional requirement that the juvenile carry out an imposed sentence of community service. Repeat offenses, by any party, will draw a pattern of increasing monetary penalties. P.A. 99-496 will go into effect on June 1, 2016.