Mississippi Code

Miss. Code Ann. § 97-32-9 (2026)

Juvenile purchase, possession and consumption of tobacco or alternative nicotine product; penalties

✓ current as of July 2026

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No person under twenty-one (21) years of age shall purchase any tobacco or alternative nicotine product. No student of any high school, junior high school or elementary school shall possess tobacco or alternative nicotine on any educational property as defined in Section 97-37-17.

(a) If a person under twenty-one (21) years of age is found by a court to be in violation of any other statute and is also found to be in possession of a tobacco or alternative nicotine product, the court shall punish the minor as follows:
- (i) For a first offense, pay a fine of One Hundred Dollars ($100.00), and perform no more than fifteen (15) hours of community service;
- (ii) For a second offense, a fine of Three Hundred Dollars ($300.00), and no more than twenty-five (25) hours of community service;
- (iii) For a third offense or subsequent offense, a fine of Five Hundred Dollars ($500.00), and no more than forty (40) hours of community service.

(b) A violation under this section is not to be recorded on the criminal history of the minor and, upon proof of satisfaction of the court's order, the record shall be expunged from any records other than youth court records.

Laws, 1997, ch. 578, § 5; Laws, 2012, ch. 533, § 1, eff. 7/1/2012.

Amended by Laws, 2020, ch. 470, SB 2596,§ 4, eff. 7/8/2020.

Notes of Decisions

Cited in 3 cases (3 in the last 5 years), 2021–2025 · leading case: Button v. Alford (S.D. Miss. 2021).

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Button v. Alford (S.D. Miss. 2021). · cites it 2× “Miss. Code Ann. § 97-32-9 . Plaintiffs contend that the electronic cigarette did not contain nicotine, only flavored water, and therefore the foregoing provision of the Mississippi Code did not apply.”

Button v. Alford (S.D. Miss. 2022). “Miss. Code Ann. § 97-32-9 . While Plaintiffs maintain that the legislature has not defined this term, Resp.”

In The Matter of The Petition of S.M.-B., A Minor for Change of Name By & Through Monica Lee McKay, Nat. Mother & Next Friend of Minor v. Mississippi State Bd. of Health (Miss. 2025). “2021); Miss. Code Ann. § 97-32-9 (Rev. 2020). 9 Miss.”

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