The “Smoking Age” in Nevada – 21 Years or Older

Posted on September 11, 2023

The Nevada smoking age is 21 years old. The minimum tobacco age limit was recently raised from 18 years old to 21 years old to align with federal law.¹

The purpose of the new laws raising the state- and federal minimum age to sell tobacco products and purchase tobacco products is to

1. promote public health,
2. reduce secondhand smoke, and
3. encourage adolescents to quit smoking.

Note that “smoking” includes not only cigarettes but also any sort of tobacco use including

• vaping products,
• electronic cigarettes (e-cigarettes), and
• smokeless tobacco.²

Is underage smoking a crime in Nevada?

Currently, it is not a Nevada crime for 18-, 19- or 20-year-olds to smoke. But minors under 18 years of age (typically high-school students) caught smoking face juvenile delinquency citations.³

However, it is a misdemeanor to smoke in a prohibited location (listed below) – whether or not the smoker is of legal age. Misdemeanors carry

• up to six months in jail and/or
• up to $1,000 in fines.⁴

It is also unlawful to give tobacco products (including cigarette papers) to young adults under 21 or to allow people under 21 to buy tobacco products. Penalties for the unlawful giving or sale of tobacco products include

• a $500 fine and
• a $500 civil penalty.⁵

Where can I smoke in Nevada?

Nevada state law allows indoor tobacco smoking in these locations:

• Retail tobacco stores;
• Nevada casino floors/gaming establishments that prohibit loitering by children under 18;
• Hotel rooms designated as smoking-optional;
• Strip clubs and brothels;
• Stand-alone bars, taverns, lounges, and saloons which are age-restricted;
• Age-restricted enclosed areas within stand-alone bars, taverns and saloons;
• Private residences whether or not they serve as an office workplace (with the exception of child care, adult daycare, or health care facilities); and/or
• Convention facility areas in which a meeting or trade show is being held, while the meeting or trade show is happening, as long as it (i) is not open to the public, (ii) is being produced by a tobacco-related business or professional association for convenience stores, and (iii) involves tobacco products display.

Smoking is also allowed outdoors under Nevada law. But businesses have the authority to prohibit smoking on their premises, including in their outdoor areas.⁶

Where is smoking illegal in Nevada?

Cigarette use (including vapor products) is not allowed in indoor places of employment (see the previous section for exceptions). For example, Nevada tobacco law prohibits smoking in the indoor areas of:

• Restaurants;
• Grocery stores;
• Hospitals;
• Malls;
• Government buildings; and
• Movie theaters.⁷

What if a store gets caught selling tobacco to a minor?

Nevada stores caught selling cigarettes or other tobacco products to people under 21 years old face warnings for a first-or second violation. Subsequent violations carry monetary penalties:

Selling tobacco to minors	Nevada penalty to store owner
1st or 2nd violation in 24-month period	A warning
3rd violation in 24-month period	$500 civil penalty
4th violation in 24-month period	$1,250 civil penalty
5th or subsequent violation in 24-month period	$2,500 civil penalty8

How do I fight smoking citations?

Depending on the circumstances of the case, possible defenses to Nevada smoking charges include:

• Someone falsely accused the defendant of smoking;
• Law enforcement misidentified the defendant and arrested an innocent person; or
• The area allowed smoking, the defendant was at least 21, and the police simply made a mistake.

Note that it is not a defense that a non-smoking venue neglected to post “no smoking” signs. People are presumed to know where they can lawfully smoke.

Learn more about Nevada’s “no smoking” laws. And read our article Can I smoke tobacco everywhere in Las Vegas?

Helpful Links

• Food and Drug Administration (FDA.gov) – Cigarettes
• Centers for Disease Control and Prevention (CDC) – Tobacco Control Program
• Department of Health and Human Services – Tobacco Control Program

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Legal References