If you are a smoker then you need to keep up-to-date on the latest laws because it affects when and where you can smoke.
Public Places: It is illegal to smoke in enclosed public spaces
It is against the law for anyone under 18 to buy or attempt to buy any tobacco products.
It is against the law for anyone aged 18 or over to buy any tobacco products for young people under the age of 18.
It is against the law for shops and supermarkets to sell tobacco products to anyone under the age of 18 years old.
If a police officer suspects that you are under 18 and in possession of cigarettes, tobacco or cigarette papers in a public place then they can confiscate them. If you don’t cooperate with the police and hand over the items or provide your name and address if required, you are committing an offence and you could face a fine.
Proof of age
You will need valid proof of age to prove your age if you want to buy cigarettes. If you need proof of age then it might be worth getting a Young Scot National Entitlement Card. It's free, PASS approved and you get loads of cool discounts as well.
The 2010 Tobacco and Primary Medical Services (Scotland) Act
Anyone who sells tobacco must be registered. The register makes it easier to enforce the law on selling to underage customers. Anyone who sells tobacco without being registered could face a fine of up to £20,000 and/or up to six months in prison.
Stricter measures against shops who sell tobacco to young people under 18.
The Act has introduced a new system of fixed penalty notices. This means that rather than being taken to court, the retailer face an immediate fine. Retailers who keep on selling to under 18s will be removed from the tobacco register for up to a year, stopping them selling tobacco.
Other parts of the act are yet to come into law because they are being challenged by tobacco companies
A ban on the display of cigarettes and other tobacco
Since tobacco advertising and sponsorship was banned in 2002, the industry has put in lots of work into making cigarette packs look cool. The aim is that young people won’t get attracted to start smoking when they see what seem like cool displays.
A ban on the sale of cigarette through vending machines
16% of under-age smokers in Scotland buy their cigarettes from vending machines. A ban makes it harder for under-18s to buy tobacco. Tobacco is the only harmful or age restricted product sold in vending machines.
More help and Information
ASH Scotland- Find out about the timeline for the 2010 Tobacco and Primary Medical Services Act coming into force.