A Minnesota Criminal Defense Lawyer Explains What a § 609.685 Citation Means for You and Your Business
You or your employee made a sale. It seemed like just another transaction in a busy day. Now, you’re facing a criminal citation for selling tobacco, vape products, or an electronic delivery device to someone under the age of 21. You are likely feeling a mix of frustration, anger, and anxiety. Perhaps the customer looked older, or maybe they presented an ID that, at first glance, seemed legitimate. It could have been a simple mistake made by a new employee during a hectic moment. Regardless of the circumstances, you are now caught in a legal system that aggressively prosecutes these violations, often using compliance stings designed to catch retailers off guard. You are worried about the fines, the impact on your business’s tobacco license, and the stress of having a criminal charge hanging over your head. It’s easy to think a petty misdemeanor is just a minor ticket, but for a business owner or an employee, it can be the start of a cascade of serious problems. But you must remember: an accusation is not a conviction. You have the right to a defense. As a Minnesota criminal defense attorney who has represented retailers and employees across the state—from convenience stores in Minneapolis and St. Paul to vape shops in Rochester and Duluth—I understand the stakes. You don’t have to face this alone. I am here to protect your rights, your livelihood, and your reputation.
What “Sale of Tobacco to a Person Under 21” Actually Means in Minnesota
When you are charged under Minnesota Statute § 609.685, the state is accusing you or your employee of illegally furnishing tobacco or a related device to someone who is not yet 21 years old. The law is incredibly broad, covering not just traditional cigarettes and cigars, but a vast array of products. This includes chewing tobacco, snuff, and any component or accessory. Crucially, it also includes “tobacco-related devices” like pipes and papers, and “electronic delivery devices,” which covers the entire spectrum of vapes, e-cigarettes, vape pens, and their components. A Minnesota charge for selling tobacco to someone underage isn’t just about cigarettes anymore; it’s about a wide range of popular products.
The core of the offense is the act of selling, giving, or otherwise furnishing one of these products to a person under 21. Facing an accusation of violating § 609.685 means that a law enforcement officer or a public health inspector believes they have evidence of such a transaction. Often, this evidence comes from a “compliance check,” where a law enforcement agency sends a person under 21 into your store to attempt a purchase. These stings are specifically designed to test your age-verification procedures and can feel like entrapment. The law holds both the individual employee who made the sale and potentially the business itself accountable for the violation.
Minnesota Law on Sale of Tobacco to Persons Under Age 21 — Straight from the Statute
The legal foundation for the citation you received is Minnesota Statute § 609.685. This is the law that defines what constitutes tobacco, outlines the penalties, and, importantly, provides a specific defense for those who act in good faith. Understanding the exact language of this statute is the first step in building your defense.
Here is the exact language of the key subdivision of the statute:
609.685 SALE OF TOBACCO TO PERSONS UNDER AGE 21.
Subd. 1a. Penalty to sell or furnish. (a) Any person 21 years of age or older who sells, gives, or otherwise furnishes tobacco, tobacco-related devices, or electronic delivery devices to a person under the age of 21 years is guilty of a petty misdemeanor for the first violation. Whoever violates this subdivision a subsequent time within five years of a previous conviction under this subdivision is guilty of a misdemeanor.
(b) It is an affirmative defense to a charge under this subdivision if the defendant proves by a preponderance of the evidence that the defendant reasonably and in good faith relied on proof of age as described in section 340A.503, subdivision 6.
Breaking Down the Legal Elements of the Charge in Minnesota
For the state to find you guilty of this offense, the prosecutor must prove several distinct elements beyond a reasonable doubt. Even though the first offense is a petty misdemeanor, the government still bears the full burden of proof. My job is to meticulously examine the evidence and challenge the state’s case on every single element.
- A Person 21 Years of Age or Older: The law specifically applies to sellers who are 21 or older. This element is typically straightforward, but it is a required part of the statute that the prosecutor must address.
- Sells, Gives, or Otherwise Furnishes: The state must prove that a transaction occurred where you or your employee provided a prohibited product to the underage person. This is usually established through the testimony of the officer who supervised the compliance check and the underage decoy who made the purchase. We will scrutinize the details of this alleged transaction, including what was said and done by all parties.
- Tobacco, Tobacco-Related Device, or Electronic Delivery Device: The prosecution must prove the item sold falls under the statute’s broad definitions. While this is often clear, it can be a point of contention with newer or more obscure products. We will ensure the product in question is actually covered by the specific language of Minnesota law.
- To a Person Under the Age of 21 Years: The state must prove the person who received the product was, in fact, under 21 at the time of the sale. This is a critical element. While they will have birthdate information for their decoy, we will verify every fact and ensure there are no errors in their evidence.
Penalties for a Conviction in Minnesota Can Be Severe
Do not be misled by the “petty misdemeanor” label for a first offense. While it doesn’t carry the threat of jail time, a conviction under § 609.685 can trigger a cascade of serious consequences for you, your employees, and your business. The fines and administrative penalties are significant, and the damage to your business’s ability to operate can be devastating.
Criminal Penalties for the Individual
The person who made the sale faces escalating criminal penalties:
- First Violation: A petty misdemeanor, punishable by a fine of up to $300. This is a non-criminal offense, but it still results in a conviction on your record.
- Subsequent Violation (within 5 years): A misdemeanor, which is a criminal offense punishable by up to 90 days in jail and/or a fine of up to $1,000.
Administrative Penalties for the Business
Beyond the criminal penalties for the employee, Minnesota law and local ordinances impose separate administrative penalties on the licensed business itself. These can include:
- Steep Fines: Fines for the business often start at $300 for a first violation and can increase to $600 or $1,000 for subsequent violations within a 36-month period.
- License Suspension: A third violation within 36 months can result in the suspension of your tobacco license for at least seven days, meaning you cannot sell any of these profitable products, costing you significant revenue.
- Mandatory Training: Many jurisdictions, like Sibley County, require retailers who fail a compliance check to attend mandatory training sessions.
The combination of criminal and administrative penalties shows how seriously the state of Minnesota treats these offenses.
What This Charge Looks Like in Real Life — Common Scenarios in Minnesota
These citations almost always arise from a targeted compliance check, but the real-world situations that lead to a failed check can happen to even the most diligent retailers. Understanding these common scenarios can help you see how easily a simple mistake can turn into a legal problem.
The Busy Rush at a Bloomington Gas Station
It’s the after-work rush at your gas station in Bloomington. There’s a line of customers, phones are ringing, and an employee is trying to keep up. A young person comes to the counter to buy a vape pen. The employee is distracted, glances quickly at the ID, and makes the sale. Outside, an undercover officer who was supervising the underage decoy is waiting to come in and issue a citation. The employee’s momentary lapse during a stressful period has now resulted in a criminal charge.
The Convincing Fake ID in a St. Paul Suburb
A clerk at a liquor store in a St. Paul suburb like Maplewood is presented with what appears to be a legitimate Minnesota driver’s license. The photo matches the customer, the birthdate shows they are 22, and there are no obvious signs of tampering. The clerk makes the sale. It turns out the ID was a high-quality fake, and the customer was part of a sting operation. Even though the clerk thought they were doing the right thing, they are now charged, and the burden is on them to prove their reliance on the ID was reasonable.
The New Hire at a Rochester Vape Shop
You’ve just hired a new employee at your vape shop in Rochester. You’ve gone over the store policies, including the “We Card” program. On their second day working alone, an underage person comes in for a compliance check. The new employee, nervous and wanting to be efficient, forgets to ask for identification and makes the sale. Your training efforts may not be enough to prevent a citation against both the employee and your business.
The “Giving” Offense at a Duluth Party
This charge doesn’t just apply to retailers. Imagine you are at a backyard party in Duluth. A 20-year-old acquaintance asks you for a cigarette. You are over 21, so you give them one without thinking twice. If this act is witnessed by law enforcement, you can be cited under the “gives, or otherwise furnishes” language of the statute. It is a social act with potential legal consequences.
Legal Defenses That Might Work Against Your Tobacco Sale Charge
When you are cited for selling tobacco to someone underage, it can feel like a strict liability offense where you have no options. This is not true. The state has the burden of proof, and there is a powerful, built-in affirmative defense that can be used to win your case. As your attorney, I will aggressively pursue every avenue to protect you and your business.
We will start by deconstructing the state’s case. We’ll examine the compliance check procedures to see if they were conducted fairly. Was the underage decoy improperly coached? Was the interaction recorded? Did the officer handle the evidence correctly? Any misstep by law enforcement can be used to your advantage. More importantly, we will focus on building a strong affirmative defense to show that you or your employee acted responsibly and in good faith. How to fight charges for selling tobacco in Minnesota often comes down to proving you did everything a reasonable person would do to verify a customer’s age.
The Affirmative Defense of Reasonable Reliance on an ID
The single most important defense is written directly into the statute. You are not guilty if you can prove that you “reasonably and in good faith relied on proof of age.” This is your primary shield against an unfair charge.
- The ID Appeared Legitimate: We will argue that the ID presented was not an obvious fake. If it was a high-quality forgery that would fool a reasonable person, your reliance on it was in good faith. We can present the ID itself as evidence and even bring in testimony regarding the sophistication of modern fake IDs.
- You Followed Your Training: Evidence that you or your employee followed established store policies and “We Card” training is crucial. Showing that you asked for the ID, examined it, and genuinely believed it to be valid demonstrates your good faith and can satisfy the requirements of this defense. The burden is on you to prove this, but it is a powerful path to an acquittal.
The State Cannot Prove the Sale
The prosecution must prove beyond a reasonable doubt that a sale or transfer actually occurred. If the evidence is weak or contradictory, we can challenge the very foundation of their case.
- No Transaction Completed: Perhaps the underage decoy placed the item on the counter but the transaction was stopped before it was completed because the clerk became suspicious. If no product was actually furnished, no crime was committed.
- Unclear Video Evidence: Often, the only evidence is a grainy surveillance video. If the video does not clearly show the transaction or the individuals involved, we can argue that it fails to meet the state’s high burden of proof.
Challenging the Compliance Check Procedures
Law enforcement must follow proper procedures when conducting these sting operations. Any deviation from protocol can be grounds for a dismissal.
- Improper Supervision: The law requires the underage buyer to be under the “direct supervision” of a responsible adult for enforcement purposes. If the supervising officer was distracted, too far away, or not paying attention, we can argue the sting was invalid.
- Entrapment: While difficult to prove, if law enforcement used tactics that would induce a normally law-abiding person to commit a crime, it may constitute entrapment. This could include the decoy being unusually persistent, begging for the product, or distracting the clerk in a way designed to make them fail.
The Item Sold Is Not a Prohibited Product
While the definitions in the statute are broad, there can be edge cases where an item does not fall under the law’s purview.
- CBD or Herbal Products: If you sold a CBD vape pen that contains no nicotine, lobelia, or tobacco-derived substances, we can argue it is not an “electronic delivery device” or “tobacco-related device” as defined by this specific statute.
- Authorized Cessation Products: The law excludes FDA-authorized smoking cessation products. If the item sold falls under this exception, the charge is invalid.
Minnesota Tobacco Sale FAQs — What You Need to Know Now
Will I go to jail for selling tobacco to someone under 21?
For a first offense, no. It is a petty misdemeanor, which is not punishable by jail time. However, a second violation within five years is a misdemeanor, which carries a maximum penalty of 90 days in jail. While jail time is still unlikely for a second offense, it becomes a legal possibility.
Can a citation for selling tobacco be dismissed?
Yes. This is always my primary goal as your attorney. We can seek a dismissal by proving the affirmative defense (good faith reliance on an ID), by showing flaws in the prosecutor’s evidence, or by negotiating a “continuance for dismissal” where the charge is dropped after a period of good behavior.
Do I really need a lawyer for a petty misdemeanor ticket in Minneapolis?
If you want to protect your record and your business’s tobacco license, hiring a lawyer is a very smart investment. An experienced lawyer knows how to navigate the Hennepin County court system, challenge the evidence from compliance stings, and negotiate a resolution that avoids a conviction for you and minimizes the administrative penalties for your business.
How long does this charge stay on my record in Minnesota?
A conviction for either the petty misdemeanor or misdemeanor offense is permanent unless it is expunged. This means it will show up on background checks indefinitely. An expungement is a separate legal process that may be available later, but the best strategy is to avoid the conviction in the first place.
What is the “affirmative defense” for selling tobacco?
It means the burden of proof shifts to you, the defendant. You must prove by a “preponderance of the evidence” (meaning it’s more likely than not) that you reasonably and in good faith checked and relied on a valid-looking proof of age. It’s a powerful defense, but you have to actively prove it.
My employee made the sale, not me. Why is the business being fined?
Minnesota law and local ordinances allow for administrative penalties against the license holder (the business) in addition to the criminal charges against the individual employee who made the sale. The law holds the business responsible for the actions of its employees.
What if the customer looked over 21?
Appearance is not a defense. The law requires you to check the ID of anyone who appears to be under 30. Relying on your guess of a person’s age is not sufficient to establish a good-faith defense if you are wrong.
What is a compliance check?
A compliance check is a sting operation where a law enforcement agency or public health department sends a person under the age of 21 into a retail store to attempt to purchase tobacco or vape products. These are legal and are the most common way these violations are prosecuted.
Can I lose my tobacco license for one violation?
For a single, first-time violation, it is highly unlikely you would lose your license. However, penalties are progressive. A third violation at the same location within a 36-month period can lead to a mandatory suspension of your license for at least seven days.
What should I do if my store is cited?
You should contact an attorney immediately. Do not speak with law enforcement or investigators without legal representation. Preserve any evidence, such as surveillance video and a copy of the ID that was presented (if possible). Acting quickly is key to building a strong defense.
Does this law apply to selling rolling papers or pipes?
Yes. The law explicitly covers “tobacco-related devices,” which includes “cigarette papers or pipes for smoking or other devices intentionally designed or intended to be used” with tobacco products.
What if I just give a cigarette to a 20-year-old friend? Am I still liable?
Yes. The statute makes it illegal to “sell, give, or otherwise furnish” tobacco. Giving a cigarette to a friend who is under 21 is a violation of the law and can result in a petty misdemeanor citation if witnessed by law enforcement.
The decoy in the sting used a real, valid ID belonging to someone else. Is that a defense?
It can be. If the decoy presented a valid ID of another person who was over 21 and the physical description and photo were a reasonable match, we can argue your reliance on it was in good faith. This is a fact-intensive defense that we would need to argue vigorously.
My store is in a suburb like Eagan or Plymouth. Are the rules different?
The state law (§ 609.685) is the same everywhere. However, local city ordinances can add more stringent regulations or higher administrative penalties. An attorney familiar with the local ordinances in your specific city can provide the most accurate advice.
What is a “continuance for dismissal” and can I get one?
A continuance for dismissal (CFD) is an excellent outcome where the case is held open for a period of time (e.g., one year), and if you have no new violations, the charge is dismissed. It avoids a conviction. For a first-time petty misdemeanor offense, this is often a negotiable and achievable outcome with the help of a skilled attorney.
What a Conviction Could Mean for the Rest of Your Life
For a business owner, manager, or employee in Minnesota, a conviction for selling tobacco to a minor is more than just a fine. It’s a mark against you that can have serious and lasting professional consequences.
Impact on Your Business and Tobacco License
The most direct impact is on your bottom line. A conviction triggers administrative penalties, including fines and potential license suspension. A suspended license means a complete halt on sales of all tobacco and vape products, which are often a major source of revenue for convenience stores and gas stations. Repeated violations can put your license, and therefore your business, in jeopardy. The criminal record of your business can impact its reputation and goodwill in the community.
A Criminal Record for Employees
For the employee who made the sale, a conviction—even a petty misdemeanor—creates a public record. A subsequent offense becomes a full-blown misdemeanor. This can show up on background checks, potentially impacting their ability to get other jobs, especially in retail or other fields where trust and responsibility are key. It can be a significant barrier for a young person just starting their career.
Increased Insurance Premiums
Businesses that hold tobacco licenses are often required to carry specific types of liability insurance. A record of violations can mark your business as higher risk, potentially leading your insurer to increase your premiums or, in cases of repeated offenses, even decline to renew your coverage. This is a hidden financial cost of a conviction.
Immigration Consequences
For any non-citizen, including employees or business owners, any criminal conviction can create complications. While a single petty misdemeanor is unlikely to trigger deportation, a pattern of offenses or a full misdemeanor conviction could create problems when applying for a green card, citizenship, or renewal of a visa. It is a risk that must be taken seriously.
Why You Need a Tough, Experienced Minnesota Tobacco Sale Attorney
When your livelihood and reputation are on the line, you cannot afford to treat a tobacco sale citation as a simple ticket. The state is not treating it that way, and neither should you. You need a dedicated advocate who knows the system and knows how to fight back.
The Advantage of a Focused Private Defender
Public defenders are committed lawyers, but they are often swamped with an overwhelming number of serious felony cases. They simply do not have the time to devote to a petty misdemeanor or misdemeanor retail compliance case. As your private attorney, I will give your case the focused, detailed attention it needs. I will personally handle every aspect of your defense, from investigating the compliance check to negotiating with the prosecutor. You are not just another case file to me; you are my client, and your business is my priority.
How Fast Action Can Protect Your License
The best time to act is the moment you receive the citation. By hiring an attorney immediately, we can get ahead of the process. I can contact the prosecutor and the city licensing department to begin negotiations. We can preserve crucial evidence like video footage before it gets erased. A proactive, aggressive defense from the very beginning is the best way to protect your criminal record and your valuable tobacco license.
Understanding the Local Courts and Ordinances
I have defended retailers in every corner of Minnesota, from Minneapolis and St. Paul to their suburbs like Brooklyn Park and Edina, and in greater Minnesota cities like St. Cloud. I understand that each jurisdiction has its own local ordinances and its own way of handling these cases. I know the city attorneys and county prosecutors, and I know what arguments work best in which courts. This local knowledge is a critical advantage in securing a favorable outcome.
Building a Case That Gets Results
My goal is simple: to protect your record and your business. This means fighting for a complete dismissal of the criminal charges whenever possible. We will build a powerful affirmative defense and challenge every aspect of the state’s case. If a dismissal isn’t possible, I will work to secure a resolution like a Continuance for Dismissal (CFD) that avoids a conviction. For the business, I will fight to minimize the administrative penalties, fines, and any potential license suspension. Don’t let one mistake jeopardize everything you’ve worked for. Let me fight for you.