Creates the offense of a minor purchasing or attempting to purchase, possessing or attempting to possess or using in public an alternative nicotine product, inhalant delivery system or tobacco product.

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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 2053
Sponsored by Representative MCINTIRE (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act makes it against the law for a minor to take some actions related to tobacco
or nicotine. (Flesch Readability Score: 62.8).
Creates the offense of a minor purchasing or attempting to purchase, possessing or attempting
to possess or using in public an alternative nicotine product, inhalant delivery system or tobacco
product. Punishes violation by a maximum fine of $50, community service or participation in a health
promotion and risk reduction program, or a combination thereof.
A BILL FOR AN ACT
Relating to the health of minors.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
(1) Except as provided in subsection (2) of this section, it is unlawful for a
minor to:
(a) Purchase or attempt to purchase an alternative nicotine product, inhalant delivery
system or tobacco product.
(b) Possess or attempt to possess an alternative nicotine product, inhalant delivery sys-
tem or tobacco product.
(c) Use in public an alternative nicotine product, inhalant delivery system or tobacco
product.
(2) Subsection (1) of this section does not apply to a minor who is:
(a) Participating in an undercover operation in which the minor purchases or receives
an alternative nicotine product, inhalant delivery system or tobacco product under the di-
rection of the minor’s employer and with the prior approval of the local prosecutor’s office
as part of an employer-sponsored internal enforcement action.
(b) Participating in an undercover operation in which the minor purchases or receives
an alternative nicotine product, inhalant delivery system or tobacco product under the di-
rection of the state police or a local police agency as part of an enforcement action.
(c) Participating in compliance checks in which the minor attempts to purchase an al-
ternative nicotine product, inhalant delivery system or tobacco product for the purpose of
satisfying federal substance abuse block grant youth tobacco access requirements, if the
compliance checks are conducted under the direction of a substance use disorder coordinat-
ing agency and with the prior approval of the state police or a local police agency.
(d) Handling or transporting an alternative nicotine product, inhalant delivery system or
tobacco product under the terms of the minor’s employment.
(3)(a) Violation of subsection (1) of this section shall be subject to a fine of not more than
$50.
NOTE:Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 2582
HB 2053
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(b) In addition to the fine described in paragraph (a) of this subsection, a court may order
a minor who violates subsection (1) of this section:
(A) For the first violation, to perform not more than 16 hours of community service,
participate in a health promotion and risk reduction program, or both.
(B) For a second violation, to perform not more than 32 hours of community service,
participate in a health promotion and risk reduction program, or both.
(C) For a third or subsequent violation, to perform not more than 48 hours of community
service, participate in a health promotion and risk reduction program, or both.
(c) A minor who is ordered to participate in a health promotion and risk reduction pro-
gram under this subsection is responsible for the costs of participating in the program.
(4) If a court orders a minor to participate in the health promotion and risk reduction
program described under subsection (3) of this section, the parent or legal guardian of the
minor shall accompany the minor during the program and pay half of the fine imposed under
subsection (3) of this section.
(5) Upon successful completion of all punishment ordered under subsection (3) of this
section, a minor may provide documented proof of the completion to a court for the purpose
of expunction, as defined in ORS 419A.260. Upon receipt of the documented proof, a court
may:
(a) Subject the records of the minor related to the violation of subsection (1) of this
section to expunction.
(b) Waive any fine imposed previously.
(6) As used in this section:
(a) “Alternative nicotine product” means any noncombustible product containing nicotine
from any source or a nicotine analog that is intended for human consumption.
(b) “Inhalant delivery system” has the meaning given that term in ORS 323.500.
(c) “Minor” means a person under 18 years of age.
(d) “Nicotine analog” means a substance with a chemical structure that is substantially
similar to the chemical structure of nicotine or that produces an effect on the human nerv-
ous system that is similar to nicotine.
(e) “Tobacco product” has the meaning given that term in ORS 323.500.
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