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Nicotine Dispensing Device

Young people often face charges in juvenile court for possessing cigarettes, cigars, smokeless tobacco-nicotine devices, nicotine dispensing devices or electronic nicotine delivery system (ENDS) including electronic cigarettes, vape pens, or hookah pens.

The possession or sale of e-cigarettes and vape products are regulated under the provisions of s. 877.112, F.S. For instance, Section 877.112(6) prohibits a minor child from possessing a nicotine dispensing device.

Additionally, Section 877.112(2), Florida Statutes, prohibits selling a nicotine dispensing device to a minor child.

Attorneys for Nicotine Crimes in Tampa, FL

After an accusation that you sold or possessed an nicotine dispensing device, then contact the experienced criminal defense attorneys at Sammis Law Firm.

Our main offices is located in downtown Tampa, FL. We have a second office in New Port Richey, located across from the West Pasco Judicial Center.

Call 813-250-0500 to discuss your case.


Definition of “Nicotine Dispensing Device”

Under Section 877.112(1)(a), F.S., the term “nicotine dispensing device” is defined as:

  • any product that employs an electronic, chemical, or mechanical means;
  • to produce vapor from a nicotine product, including, but not limited to,
    • an electronic cigarette;
    • electronic cigar;
    • electronic cigarillo;
    • electronic pipe;
    • other similar device or product; or
    • any replacement cartridge for such device; or
    • any other container of nicotine in a solution or other form intended to be used with or within an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product.

The term “vapor-generating electronic device” is defined in Fla. Stat. § 386.203(15)  to include any product that employs an electronic, a chemical, or a mechanical means capable of producing vapor or aerosol from a nicotine product or any other substance.

A vapor-generating electronic device is defined to include any electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe. The term also includes any replacement cartridge for such device.


Penalties for Nicotine Dispensing Device Crimes

Possession by a minor of a nicotine dispensing device is punishable by 16 hours of community service or, instead of community service, a $25 fine for a first violation and a $25 fine for a second or subsequent violation within 12 weeks after the first violation.

A second or subsequent violation not within the 12-week time period after the first violation is punishable as provided for a first violation as provided by Section 877.112(6), F.S.

Under Section 877.112(2), F.S., the crime of selling a nicotine dispensing device to a minor is a second degree misdemeanor for a first offense. The crime can be charged as a first degree misdemeanor for a second or subsequent offense as provided in Section 877.112(4).


Defenses to the Sale of a Nicotine Dispensing Device

Under Section 877.112(5), F.S., if the defendant is charged with selling a nicotine dispensing device to a minor child under Section 877.112(2), Florida Statutes, a complete defense to the crime exists, if, at the time the nicotine product or nicotine dispensing device was sold, delivered, bartered, furnished, or given:

  • Such person carefully checked a driver license or an identification card issued by this state or another state of the United States, a passport, or a United States Armed Services identification card presented by the buyer or recipient and acted in good faith and in reliance upon the representation and appearance of the buyer or recipient in the belief that the buyer or recipient was 18 years of age or older;
  • The appearance of the buyer or recipient was such that a prudent person would believe the buyer or recipient to be 18 years of age or older; or
  • The buyer or recipient falsely evidenced that she or he was 18 years of age or older.

This article was last updated on Monday, March 16, 2020.

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