34-46-2. Unlawful actions.The following actions are unlawful:(1)To knowingly sell or distribute a tobacco product to a person under the age of twenty-one;(2)To purchase or attempt to purchase, to receive or attempt to receive, to possess, or to consume a tobacco product if a person is under the age of twenty-one;(3)To purchase a tobacco product on behalf of, or to give a tobacco product to, any person under the age of twenty-one;(4)To sell cigarettes other than in an unopened package originating with the manufacturer and depicting the warning labels required by federal law;(5)To sell tobacco products through a vending machine located in a place other than a place that is open to the public but to which persons under the age of twenty-one are denied access at all times;(6)To sell cigarettes or smokeless tobacco, or both, through a self-service display other than a display that is:(a)A vending machine permitted under subdivision (5) of this section; or(b)Located in a tobacco speciality store; or(7)To distribute tobacco product samples in or on a public street, sidewalk, or park that is within five hundred feet of a playground, school, or other facility when the facility is being ty store; or(7)To distribute tobacco product samples in or on a public street, sidewalk, or park that is within five hundred feet of a playground, school, or other facility when the facility is being used primarily by persons under the age of twenty-one. Source: SL 1994, ch 280, §2; SL 1997, ch 206, §1; SL 1998, ch 215, §1; SL 2007, ch 199, §1; SL 2009, ch 170, §2; SL 2020, ch 148, § 1.
South Dakota Legal Code