Legal Question in Business Law in California
Is is illegal to sell cigarettes to the mother of a person who asked for cigarettes but does not have their ID on them.
Asked on 10/30/10, 12:18 pm
1 Answer from Attorneys
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
Penal Code section 308 covers this topic. Furnishing cigarettes to a minor is a crime, whether done directly by selling to the minor or indirectly by selling to an adult when the seller has reason to know that the ciggies are going to be handed over to the minor.
Furnishing proof of age is not required; the only legal impact of furnishing proof of age is that it can be a defense when false ID is presented that the seller was shown ID and reasonably believed the buyer was 18 or over.
If you are a seller of tobacco, you should probably obtain, study and understand PC 308.
Answered on 11/04/10, 12:58 pm
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