S.D. Codified Laws § 34-46-2 (2026)
Unlawful actions.
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.
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 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.