Wash. Rev. Code » Title 26 · Chapter 26.28
Revised Code of Washington

Wash. Rev. Code § 26.28.080 (2026)

Selling or giving tobacco to minor—Belief of representative capacity, no defense—Penalty

✓ current as of May 2026
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*** CHANGE IN 2026 *** (SEE 6113-S.SL) ***
(1) A person who sells or gives, or permits to be sold or given, to any person under the age of twenty-one years any cigar, cigarette, cigarette paper or wrapper, tobacco in any form, or a vapor product is guilty of a gross misdemeanor.
(2) It is not a defense to a prosecution for a violation of this section that the person acted, or was believed by the defendant to act, as agent or representative of another.
(3) For the purposes of this section, "vapor product" has the same meaning as provided in RCW 70.345.010.
[ 2019 c 15 s 1; 2016 sp.s. c 38 s 1; 2013 c 47 s 1; 1994 sp.s. c 7 s 437. Prior: 1987 c 250 s 2; 1987 c 204 s 1; 1971 ex.s. c 292 s 37; 1919 c 17 s 1; 1911 c 133 s 1; 1909 ex.s. c 27 s 1; 1909 c 249 s 193; 1901 c 122 s 1; 1895 c 126 ss 1, 3 and 4; RRS s 2445. Formerly RCW 26.08.080, 26.08.090, and 26.08.100.]

Notes:

Effective date—2019 c 15: "This act takes effect January 1, 2020." [ 2019 c 15 s 12.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date—1994 sp.s. c 7 ss 401-410, 413-416, 418-437, and 439-460: See note following RCW 9.41.010.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
Juvenile courts and juvenile offenders: Title 13 RCW.
Minors, access to tobacco, role of liquor and cannabis board: Chapter 70.155 RCW.
Raising the minimum legal age of sale in certain compacts, consultations with federally recognized Indian tribes: RCW 43.06.468.
Notes of Decisions
Cited in 21 cases, 1972–2020 · leading case: State v. Furman, 858 P.2d 1092 (Wash. 1993).
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State v. Furman, 858 P.2d 1092 (Wash. 1993). · cites it 8× “015(1) (restricting a juvenile's right to marry); RCW 26.28.080(1) (restricting a juvenile's right to be present in places were intoxicating liquors are sold); RCW 26.”
Hostetler v. Ward, 704 P.2d 1193 (Wash. Ct. App. 1985). · cites it 6× “A court may adopt the statutory requirements as the standard of care when the purpose of the statute is exclusively or in part: (1) to protect a class of persons which includes the one whose interest is invaded; (2) to protect the particular interest which is invaded; (3) to…”
Haley v. Med. Disciplinary Bd., 818 P.2d 1062 (Wash. 1991). · cites it 4× “090; (3) that he furnished alcohol to a minor under circumstances violating both RCW 26.28.080 and RCW 66.44.270; and (4) that he provided an unsupervised residential living arrangement for a minor female, in violation of RCW 74.”
Wilson v. Steinbach, 656 P.2d 1030 (Wash. 1982). · cites it 2× “Petitioners premise this theory on the standard of conduct required by RCW 26.28.080(4) and RCW 66.44.270, both of which prohibit the furnishing or selling of intoxicating liquors to persons under 21 years of age.”
Christen v. Lee, 780 P.2d 1307 (Wash. 1989). · cites it 2× “[49] See also RCW 26.28.080; RCW 66.44.270. [50] RCW 5.”
City of Auburn v. Hedlund, 165 Wash. 2d 645 (Wash. 2009). · cites it 2× “270 (furnishing alcohol to a minor); RCW 26.28.080 (furnishing tobacco to a minor).”
City of Auburn v. Hedlund, 201 P.3d 315 (Wash. 2009). · cites it 2× “270 (furnishing alcohol to a minor); RCW 26.28.080 (furnishing tobacco to a minor).”
Callan v. O'NEIL, 578 P.2d 890 (Wash. Ct. App. 1978). · cites it 2× “RCW 26.28.080, in part. Except in the case of liquor given or permitted to be given to a person under the age of twenty-one years by his parent or guardian for beverage or medicinal purposes, or administered to him by his physician or dentist for medicinal purposes, no person…”
Manufactured Hous. Communities v. State, 13 P.3d 183 (Wash. 2000). “Would the majority declare it a taking for that reason? If not, how would the majority distinguish its holding here? One may legally own a cache of firearms, but cannot sell them free of an armada of federal and state laws.”
Younce v. Ferguson, 724 P.2d 991 (Wash. 1986). “The trial court found that Tamera had negligently injured Lisa and entered judgment for $69,543.31. Tamera did not appear at trial and has not appealed.”
Novak v. Piggly Wiggly Puget Sound Co., 591 P.2d 791 (Wash. Ct. App. 1979). “Some authorities suggest that liability may be imposed upon a retail seller of a true firearm to a minor in violation of a statute, such as RCW 26.28.080(5), for an injury which is the natural and probable consequence of such violation and which should have been foreseen by the…”
Baughn v. Malone, 656 P.2d 1118 (Wash. Ct. App. 1983). “RCW 26.28.080(4), in part. No person shall sell any liquor to any person apparently under the influence of liquor.”
Show all 21 citing cases →
— Wash. Rev. Code § 26.28.080(1) — 2 cases
State v. Furman, 858 P.2d 1092 (Wash. 1993). “015(1) (restricting a juvenile's right to marry); RCW 26.28.080(1) (restricting a juvenile's right to be present in places were intoxicating liquors are sold); RCW 26.”
Knock Out, Inc. v. State Of Wa, Liquor Control Bd. (Wash. Ct. App. 2014).
— Wash. Rev. Code § 26.28.080(3) — 1 case
State v. Furman, 858 P.2d 1092 (Wash. 1993). “015(1) (restricting a juvenile's right to marry); RCW 26.28.080(1) (restricting a juvenile's right to be present in places were intoxicating liquors are sold); RCW 26.”
— Wash. Rev. Code § 26.28.080(4) — 4 cases
Wilson v. Steinbach, 656 P.2d 1030 (Wash. 1982). “Petitioners premise this theory on the standard of conduct required by RCW 26.28.080(4) and RCW 66.44.270, both of which prohibit the furnishing or selling of intoxicating liquors to persons under 21 years of age.”
State v. Furman, 858 P.2d 1092 (Wash. 1993). “015(1) (restricting a juvenile's right to marry); RCW 26.28.080(1) (restricting a juvenile's right to be present in places were intoxicating liquors are sold); RCW 26.”
Baughn v. Malone, 656 P.2d 1118 (Wash. Ct. App. 1983). “RCW 26.28.080(4), in part. No person shall sell any liquor to any person apparently under the influence of liquor.”
Burt v. Ross, 715 P.2d 538 (Wash. Ct. App. 1986).
— Wash. Rev. Code § 26.28.080(5) — 2 cases
State v. Furman, 858 P.2d 1092 (Wash. 1993). “015(1) (restricting a juvenile's right to marry); RCW 26.28.080(1) (restricting a juvenile's right to be present in places were intoxicating liquors are sold); RCW 26.”
Novak v. Piggly Wiggly Puget Sound Co., 591 P.2d 791 (Wash. Ct. App. 1979). “Some authorities suggest that liability may be imposed upon a retail seller of a true firearm to a minor in violation of a statute, such as RCW 26.28.080(5), for an injury which is the natural and probable consequence of such violation and which should have been foreseen by the…”
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