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 and purchase tobacco products is to:
- promote public health,
- reduce secondhand smoke, and
- encourage adolescents to quit smoking.
Note that “smoking” includes not only cigarettes but also any tobacco use, including:
- vaping products,
- electronic cigarettes (e-cigarettes), and
- smokeless tobacco.2
Underage Smoking As A Crime In Nevada
Currently, it is not a Nevada crime for 18-, 19- or 20-year-olds to smoke. However, 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 You Can 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 (except 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. However, businesses have the authority to prohibit smoking on their premises, including in their outdoor areas.6
Where Smoking Is 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
When Stores Sell Tobacco To Minors
Nevada stores caught selling cigarettes or other tobacco products to people under 21 years old face monetary penalties:
|
Selling Tobacco to Minors |
Nevada Penalty to Store Owner |
| 1st violation in 24-month period | $2,500 civil penalty |
| 2nd violation in 24-month period | $5,000 civil penalty |
| 3rd violation in 24-month period | $7,500 civil penalty |
| 4th or subsequent violation in a 24-month period | $10,00 civil penalty8 |
Fighting Smoking Citations
Depending on the circumstances of the case, three possible defenses to Nevada smoking charges include:
- Someone falsely accused you of smoking; or
- Law enforcement misidentified you as the real culprit; or
- The area allowed smoking, you were 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. You are presumed to know where you can lawfully smoke.
Learn more about Nevada’s “no smoking” laws. Also read our article Can I smoke tobacco everywhere in Las Vegas?
Frequently Asked Questions
Do cashiers have to scan my ID to buy cigarettes or vapes in Nevada?
Yes. Under Nevada law (NRS 370.521), retailers are required to use enhanced scanning technology or an automated, software-based system to verify the age of anyone who appears to be under 40 years old before selling them tobacco or vaping products.
If a clerk fails to utilize the scanning software to age-verify a customer under 40, the store faces a $100 civil penalty for that specific offense, separate from the larger fines for actually selling to a minor.
Can you buy vapes or tobacco online if you live in Nevada?
Yes, but only if you are 21 or older. Nevada law strictly prohibits the sale and distribution of vaping and tobacco products to anyone under 21, whether the purchase is made in person or over the internet.
Online retailers shipping to Nevada residents are legally required to use an independent, third-party age verification service to confirm the buyer’s identity and age before completing the sale. Additionally, the shipping package must be clearly marked as containing “vapor products” or tobacco.
Are there exceptions to the 21 smoking age for active-duty military in Nevada?
No. While some states historically granted exceptions allowing 18-to-20-year-old active-duty military personnel to purchase tobacco, those exceptions are no longer valid.
When the federal “Tobacco 21” mandate took effect, and Nevada subsequently updated its own statutes in 2021, all military exemptions were removed. You must be 21 to purchase tobacco or nicotine products in Nevada, even with a valid U.S. military ID.
What is the penalty if a minor is caught vaping in a Nevada high school?
Nevada law does not treat underage possession of tobacco or vapor products as an adult crime. Instead, minors (under 18) caught vaping on school property face juvenile delinquency citations.
Furthermore, under the Nevada Clean Indoor Air Act, smoking or vaping in a public school building is illegal. The student will have the contraband confiscated and will face school-level disciplinary action, which usually involves parents, suspension, and mandatory enrollment in a tobacco/vaping education program.
Additional Reading
For more in-depth information, refer to these scholarly articles:
- The Merchants, Not the Customers: Resisting the Alcohol and Tobacco Industries’ Strategy to Blame Young People for Illegal Alcohol and Tobacco Sales – Journal of Public Health Policy.
- Youth Access to Tobacco Products – Growing up Tobacco Free: Preventing Nicotine Addiction in Children and Youths.
- Cigarette Availability to Minors – Journal of Osteopathic Medicine.
- Lighting Up the Battle against the Tobacco Industry: New Regulations Prohibiting Cigarette Sales to Minors – Rutgers Law Journal.
- Restrictions on Youth Access to Tobacco Products – Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products.
