In short
Act 21 of April 13, 1916, as amended, prohibits the sale or donation of cigars, cigarettes, tobacco, and of any kind of material — regardless of what it is made of — that serves to roll any kind of cut tobacco for the preparation of cigarettes, cigars, or flavored cigarettes, as defined by Act 62-1993, as amended, to children of any sex under twenty-one (21) years of age. The violation shall be punished with a fine of no more than one hundred dollars ($100) or imprisonment for no more than ninety days, or both penalties, for the first time; and double these penalties shall apply in cases of repeat offense. Two things people take for granted that the law states differently: the age is twenty-one, not eighteen; and the prohibition covers donation, not only sale.
What is it?
It is the criminal prohibition on giving tobacco to anyone under twenty-one in Puerto Rico. It is an old law — from 1916 — but it is compiled with amendments and its current text sets the age at twenty-one and reaches both sale and donation, plus rolling material.
Who can do it?
The prohibition protects every person under twenty-one (21). The duty falls on anyone who sells or gives away the products the law lists. Anyone who witnesses the sale may go to the Police; the offense does not require the reporter to be a relative of the minor.
Requirements
- That the person sold or given the product be under twenty-one (21) years of age.Verified against the official source
- That the product be cigars, cigarettes, tobacco, or any material serving to roll cut tobacco for preparing cigarettes, cigars or flavored cigarettes.Verified against the official source
Documents you need
Information pending verification.
Cost
Step by step
Step 1: Confirm the age the law sets: twenty-one
The current compiled text prohibits sale or donation “to children of any sex under twenty-one (21) years of age.” If a merchant tells you eighteen is enough, they are citing a version the amended law left behind.
Step 2: Note that “donating” is also prohibited
The law says “the sale or the donation.” Giving a cigarette to someone under twenty-one falls within the prohibition just as selling it does. There is no family-relationship exception in the text.
Step 3: Rolling material counts
The prohibition reaches “any kind of material, regardless of what it is made of, that serves to roll any kind of cut tobacco for the preparation of cigarettes, cigars, or flavored cigarettes.” That part is the one almost nobody knows and the one most often breached at counters.
Step 4: What penalty it carries and how to report it
The violation is punished with a fine of no more than one hundred dollars ($100) or imprisonment for no more than ninety days, or both, for the first time; double on repeat. Because it is a criminal violation, the route is a complaint before the Puerto Rico Police, which we cover step by step in its own guide. Note date, time, business and what was sold.
Where to do it
The Puerto Rico Police is the door for the criminal complaint. If you also want it handled as a public health or business licensing matter, that is a different route and a different law: this 1916 statute only sets the prohibition and the penalty. If the product is an e-cigarette or vape, the applicable law is another one and has its own guide.
How long it takes
What to do if something goes wrong
What this law does not resolve and what we did not read. We did not read Act 62-1993, which supplies the definition of “flavored cigarettes,” so we do not publish that definition. We did not read the Internal Revenue Code or any Health Department regulation, so we say nothing about merchant licenses, administrative fines, or permit suspension: this law does not mention them. The law also does not expressly require asking for identification or set an age-verification method, and we will not attribute one to it. And this law does not cover e-cigarettes: those are in Act 41-2015, with its own prohibition, mandatory signage and separate fine regime, which we treat in a separate guide.
Common mistakes
- Believing the age is eighteen: the current text says under twenty-one (21).
- Thinking only selling is banned: the law prohibits sale or donation.
- Ignoring that rolling material is included, even without tobacco in it.
- Confusing this law with the e-cigarette one: they are separate statutes.
- Expecting a large administrative fine: this law sets a fine of no more than $100, or up to 90 days, or both.
- Not noting date, time and business: without that the complaint has no footing.
Frequently asked questions
Is the legal age to buy cigarettes in Puerto Rico 18 or 21?
Twenty-one. The current compiled text of Act 21 of 1916, as amended, prohibits the sale or donation of these products to anyone under twenty-one (21).
Can I give a cigarette to someone under 21 if I do not sell it?
No. The prohibition covers “the sale or the donation.” Donating is expressly prohibited in the same text.
Is rolling paper included?
The law prohibits selling or giving to anyone under twenty-one any kind of material, regardless of what it is made of, that serves to roll any kind of cut tobacco for preparing cigarettes, cigars or flavored cigarettes.
What is the penalty?
A fine of no more than one hundred dollars ($100) or imprisonment for no more than ninety days, or both, for the first time; and double these penalties in cases of repeat offense.
Official sources
These are the government pages this guide is based on.
- Policía de Puerto Rico
Policía de PR
bvirtualogp.pr.gov
- Puerto Rico Police
Policía de Puerto Rico
policia.pr.gov
Last verified
August 24, 2026
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