Alaska Statutes
Alaska Stat. § 11.76.105 (2026)
Possession of tobacco, electronic smoking products, or products containing nicotine by a minor
✓ current as of July 2026
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Sec. 11.76.105. Possession of tobacco, electronic smoking products, or products containing nicotine by a minor.
(a) A person under 19 years of age may not knowingly possess a cigarette, a cigar, tobacco, a product containing tobacco, an electronic smoking product, or a product containing nicotine in this state. This subsection does not apply to a person who is a prisoner at an adult correctional facility.
(b) In a prosecution under (a) of this section for possession of an electronic smoking product or a product containing nicotine, it is an affirmative defense that the electronic smoking product or product containing nicotine possessed by the person under 19 years of age was intended or expected to be consumed without being combusted, and the electronic smoking product or product containing nicotine
(1) has been approved by the United States Food and Drug Administration for sale as a tobacco use cessation or harm reduction product or for other medical purposes;
(2) was being marketed and sold for the approved purposes; and
(3) was
(A) prescribed by a health care professional;
(B) given to the person by the person's parent or guardian;
(C) provided by a state-approved tobacco cessation program administered by the Department of Health; or
(D) provided by a pharmacist to a person 18 years of age or older without a prescription.
(c) Possession of tobacco, an electronic smoking product, or a product containing nicotine by a minor is a violation.
(a) A person under 19 years of age may not knowingly possess a cigarette, a cigar, tobacco, a product containing tobacco, an electronic smoking product, or a product containing nicotine in this state. This subsection does not apply to a person who is a prisoner at an adult correctional facility.
(b) In a prosecution under (a) of this section for possession of an electronic smoking product or a product containing nicotine, it is an affirmative defense that the electronic smoking product or product containing nicotine possessed by the person under 19 years of age was intended or expected to be consumed without being combusted, and the electronic smoking product or product containing nicotine
(1) has been approved by the United States Food and Drug Administration for sale as a tobacco use cessation or harm reduction product or for other medical purposes;
(2) was being marketed and sold for the approved purposes; and
(3) was
(A) prescribed by a health care professional;
(B) given to the person by the person's parent or guardian;
(C) provided by a state-approved tobacco cessation program administered by the Department of Health; or
(D) provided by a pharmacist to a person 18 years of age or older without a prescription.
(c) Possession of tobacco, an electronic smoking product, or a product containing nicotine by a minor is a violation.
Notes of Decisions
Cited in 5
cases, 1992–2007 · leading case: Clay v. Am. Tobacco Co., 188 F.R.D. 483 (S.D. Ill. 1999).
Clay v. Am. Tobacco Co., 188 F.R.D. 483 (S.D. Ill. 1999). “Alaska Stat. § 11.76.105 (Michie 1998). Similarly, Arizona punishes “a minor who buys, or has in his possession” any tobacco product.”
Godfrey v. State, Dep't of Cmty. & Econ. Dev., 175 P.3d 1198 (Alaska 2007). “[19] AS 11.76.105 provides: (a) A person under 19 years of age may not knowingly possess a cigarette, a cigar, tobacco, or a product containing tobacco in this state.”
Vigue v. State, 987 P.2d 204 (Alaska Ct. App. 1999). “…35 .See 1978 Senate Journal, Supp. No. 47 (June 12), p. 83. 36 . AS 11.56.610(b). 37 . AS 04.16.050. 38 .AS 11.76.105; AS 11.81.900(b)(59).”
Allam v. State, 830 P.2d 435 (Alaska Ct. App. 1992). “AS 11.76.105. And a person must be 21 years old to use or possess alcohol.”
Veeder v. Mun. of Anchorage, 969 P.2d 642 (Alaska Ct. App. 1998). “050 or AS 11.76.105; (2) to provide post-conviction relief under the Alaska Rules of Criminal Procedure, if the conviction occurred in the district court.”
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