South Dakota Codified Laws
Chapter 46 - Regulation Of Sales And Distribution Of Tobacco Products
Section 34-46-2 - Unlawful actions.

34-46-2. Unlawful actions.
The following actions are unlawful:
(1)To knowingly sell or distribute a tobacco product to a person under the age of twenty-one;
(2)To purchase or attempt to purchase, to receive or attempt to receive, to possess, or to consume a tobacco product if a person is under the age of twenty-one;
(3)To purchase a tobacco product on behalf of, or to give a tobacco product to, any person under the age of twenty-one;
(4)To sell cigarettes other than in an unopened package originating with the manufacturer and depicting the warning labels required by federal law;
(5)To sell tobacco products through a vending machine located in a place other than a place that is open to the public but to which persons under the age of twenty-one are denied access at all times;
(6)To sell cigarettes or smokeless tobacco, or both, through a self-service display other than a display that is:
(a)A vending machine permitted under subdivision (5) of this section; or
(b)Located in a tobacco speciality store; or
(7)To distribute tobacco product samples in or on a public street, sidewalk, or park that is within five hundred feet of a playground, school, or other facility when the facility is being used primarily by persons under the age of twenty-one.

Source: SL 1994, ch 280, §2; SL 1997, ch 206, §1; SL 1998, ch 215, §1; SL 2007, ch 199, §1; SL 2009, ch 170, §2; SL 2020, ch 148, § 1.

Structure South Dakota Codified Laws