Purchase and Possession of Cigarettes and Tobacco Products by Persons Under the Age of 18.
Milwaukee Code of Ordinances § 106-30.5
in effect106-30.5. Purchase and Possession of Cigarettes and Tobacco Products by Persons Under the Age of 18.
1. FALSE REPRESENTATION ILLEGAL. No person under 18 years of age may falsely represent his or her age for the purpose of receiving any cigarette, nicotine product, or tobacco product.
2. EXCEPTION. No person under 18 years of age may purchase or possess cigarette, nicotine product, or tobacco product except as follows:
a. A person under 18 years of age may purchase or possess cigarettes, nicotine products, or tobacco products for the sole purpose of resale in the course of employment during his or her working hours if employed by a retailer.
b. A person under 18 years of age, but not under 15 years of age, may purchase, attempt to purchase or possess cigarettes, nicotine products, or tobacco products in the course of his or her participation in an investigation under s. 254.916, Wis. Stats., that is conducted in accordance with s. 254.916(3), Wis. Stats.
2.5. STRAW PURCHASE ILLEGAL. No person may purchase cigarettes, tobacco products, or nicotine products on behalf of, or to provide to, any person who is under 18 years of age. Any person who violates this subsection may be:
a. Required to forfeit not more than $500 if the person has not committed a previous violation within 30 months of the violation.
b. Fined not more than $500 or imprisoned for not more than 30 days or both if the person has committed a previous violation within 30 months of the violation.
c. Fined not more than $1,000 or imprisoned for not more than 90 days or both if the person has committed 2 previous violations within 30 months of the violation.
d. Fined not more than $10,000 or imprisoned for not more than 9 months or both if the person has committed 3 or more previous violations within 30 months of the violation.
3. INVESTIGATION EXCEPTION. With the permission of his or her parent or guardian, a person under the age of 18 years, but not under 15 years of age may buy, attempt to buy or possess any cigarette or tobacco product if all of the following are true:
a. The person commits the act for the purpose of conducting an investigation under s. 254.916, Wis. Stats.
b. The person is directly supervised during the conducting of the investigation by an adult employee of a governmental regulatory authority.
c. The person has prior written authorization to commit the act from a governmental regulatory authority or a district attorney or from an authorized agent of a governmental regulatory authority or a district attorney.
4. SEIZURE. A police officer shall seize any cigarette or tobacco product that has been sold to and is in the possession of a person under 18 years of age.
5. PENALTY. Any person convicted of violating this section, shall be subject to a forfeiture not to exceed $50.
Source: City of Milwaukee Legislative Reference Bureau, Milwaukee City Charter and Code of Ordinances (city.milwaukee.gov master PDFs)URL: https://city.milwaukee.gov/ImageLibrary/Groups/ccClerk/Ordinances/Volume-1/CH106.pdf#page=13Fetched: 10/26/2026