(a)(1) A violation of section 3, 5, 6, or 7 shall be subject to a civil penalty of not less than $100 and not more than $500 for the first violation. For a subsequent violation, a person shall be subject to a civil penalty of not less than $500 and not more than $1,000.
(2) Any person who violates § 7-1721.03(a) may be subject to a civil penalty of $25.
(3) Any person who violates § 7-1721.03(b) may be subject to a civil penalty of:
(A) $100 the first time the offense or offenses occurred;
(B) $200 the second time the offense or offenses occurred; and
(C) $300 the third and subsequent times the offense or offenses occurred.
(4) A person who violates § 7-1721.08 shall be subject to a civil penalty of:
(A) Not more than $25 per violation, if the person committing the violation is an individual; and
(B) Not more than $10,000 per violation, if the person committing the violation is a person other than an individual.
(5) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to increase the amount of the fine for a violation of § 7-1721.03(a) or (b).
(b) A violation of the provisions described in subsection (a) of this section shall be a civil infraction for the purposes of Chapter 18 of Title 2. Adjudication of any such civil infractions shall be pursuant to Chapter 18 of Title 2.
(c)(1) Law enforcement officers shall not be involved in the enforcement of the provisions described in subsection (a) of this section.
(2) For the purposes of this subsection, the term "law enforcement officer" means:
(A) A sworn member of the Metropolitan Police Department;
(B) A sworn member of the District of Columbia Protective Services;
(C) The Director, deputy directors, and officers of the District of Columbia Department of Corrections;
(D) Any probation, parole, supervised release, community supervision, or pretrial services officer of the Court Services and Offender Supervision Agency or the Pretrial Services Agency; and
(E) Metro Transit police officers.
(Feb. 7, 1891, 26 Stat. 736, ch. 117, § 8; as added July 23, 2010, D.C. Law 18-189, § 3(d), 57 DCR 3019; Sept. 22, 2021, D.C. Law 24-25, § 2(g), 68 DCR 007332.)
Applicability of D.C. Law 24-25: The Budget Office of the Council of the District of Columbia has determined that D.C. Law 24-25 has been funded. Therefore the amendments to this section by § 2(8) of D.C. Law 24-25 have been implemented.
Applicability of D.C. Law 24-25: § 4 of D.C. Law 24-25 provided that the change made to this section by § 2(g) of D.C. Law 24-25 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Structure District of Columbia Code
Title 7 - Human Health Care and Safety
Chapter 17 - Restrictions on Tobacco Smoking
Subchapter I-A - Prohibited Sales of Tobacco
§ 7–1721.02. Sale of tobacco to persons under 21 years of age
§ 7–1721.04. Self-service sale of tobacco
§ 7–1721.05. Package requirements
§ 7–1721.06. Prohibited sellers
§ 7–1721.08. Prohibitions on flavored tobacco products and electronic smoking devices