Cigarettes and the Law Factsheet (PDF 1.3 MB)
It is not illegal for young people under 18 years to smoke cigarettes or e-cigarettes (vapes). However, there are laws that limit young people’s access to them, and penalties for selling or supplying cigarettes and vapes to young people.
It is against the law for anyone to sell or give cigarettes or vapes to you if you are under 18 years old.
It is also illegal to give a young person any other type of tobacco product such as a cigar, snuff, or anything that a tobacco product is contained in (like a cigarette packet).
It is against the law to sell to or give a young person any other type of vape product, including any parts that make up a vape like a battery or cartridge.
Even if a product does not actually contain tobacco, it is illegal to sell or supply that product to someone under 18 years old if it is designed to be smoked.
Vapes and vaping products may only be sold in a pharmacy to help people quit smoking or manage nicotine addiction.
Vapes containing nicotine may be sold to adults without a prescription and to people under 18 with a prescription, along with medical advice and supervision.
Police and teachers at a school that you attend can confiscate your cigarettes or vape products if you are under 18. They must destroy the confiscated items and they don’t have to pay you anything for them.
Yes. It is an offence to smoke or vape in enclosed public places, workplaces, and shared areas.
It is illegal to smoke or vape in a car if there is someone younger than 16 years old in the vehicle.
It is also an offence to smoke or vape in or near a range of public areas, including public transport areas (bus stops, tram stops, railway stations, taxi ranks and airports), public playgrounds, schools, early childhood centres, hospitals, outdoor swimming pools, and on beaches near jetties and the red and yellow patrol flags.
Keep an eye out for signs indicating a "smoke-free and vape-free area" before lighting up.
If you’re caught smoking or vaping in a smoke-free or vape-free area, you may:
If you have been given a fine or you have to go to court, call the Legal Helpline on 1300 366 424 between 9:00 am and 4:30 pm Monday to Friday for legal advice and information.
If you would prefer to text, visit our website at lsc.sa.gov.au and click on the Legal Chat icon in the bottom right-hand corner.
Some schools have rules about how you should behave when wearing a school uniform. If your school has these kinds of rules, you may get in trouble for smoking or vaping in school uniform (whether you are over 18 years old or not).
You can ask your school for information about its uniform and smoking policies.
If you’re under 18 years old, your teacher can confiscate cigarettes or vape products from you, even if you are not on school grounds.
Would you like more information, resources, or a free visit to your school, organisation or group? Email: cle@lsc.sa.gov.au
To apply for legal aid online, visit: lsc.sa.gov.au
Call our free Legal Helpline: 1300 366 424
Acknowledgments:
The Legal Services Commission gratefully acknowledges the assistance of the National Children’s and Youth Legal Centre in allowing the Legal Services Commission of South Australia to use and adapt existing content.
Disclaimer: The material in this factsheet is a general guide only. It is not legal advice. For legal advice about your own particular situation we encourage you to call the Free Legal Helpline on 1300 366 424. The legal information was correct at the time of publishing, however may change without notice.
October 2024
We embrace diversity and welcome all people, irrespective of culture, faith, sexual orientation and gender identity.
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Legal Services acknowledges Aboriginal people as the Traditional Owners and ongoing occupants of the lands and waters in South Australia and we respect their spiritual, cultural and heritage beliefs. We recognise their continuing connection to land, water and community and pay our deep respect to Elders past and present.
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