In the state of Nevada, the Nevada Clean Air Act was put into place in response to a ballot initiative proposition approved by the voters in 2006. The Nevada Clean Indoor Air Act, which is codified in Nevada Revised Statute section 202.2483, prohibited smoking tobacco in certain locations including schools, daycare facilities, retail establishments and other public places. It also established rules for enforcing anti-smoking bans and established a prohibition on property owners retaliating against people who seek to enforce anti-smoking laws.
While the Nevada Clean Air Act is a far-reaching law that establishes a broad array of rules in connection with smoking tobacco, it was not the first law that was put in place by the state of Nevada intended to regulate smoking tobacco or cigarettes. There are a number of provisions that were enacted before the Nevada Clean Indoor Air Act which are found within a subsection of Chapter 202 of Title 15.
Chapter 202 of Title 15 is the part of Nevada’s penal code detailing crimes against public safety and public health. The rules set forth within this chapter establish certain penalties for unlawfully smoking tobacco and for unlawfully selling or distributing cigarettes in violation of laws in Nevada. It is important that you understand these laws and that you respond assertively if you are accused of violating any rules connected with cigarettes or tobacco.
LV Criminal Defense can help. Our experienced Vegas criminal defense law firm has provided representation to many defendants accused of breaking the law by engaging in behaviors that are considered to be dangerous to public health. We can put our extensive legal experience to work if you’re accused of wrongdoing in connection with smoking tobacco or any other violations of Chapter 202. To find out more about how our Nevada criminal defense lawyers can help you, give us a call today.
Within Chapter 202, there is a separate subsection detailing all of the provisions that were enacted in connection with smoking tobacco and cigarettes before the passage of the Nevada Clean Indoor Air act. The statutes found within this subsection include Nevada Revised Statute section 202.2485 through Nevada Revised Statute 202.2497.
The relevant statutes within this subsection:
• Set forth the definitions applicable to laws on tobacco and cigarettes
• Establish the parameters for the state’s public policy on smoking tobacco, for enforcement of laws on smoking tobacco, and for the imposition of stricter requirements in connection with smoking tobacco
• Establish prohibitions on smoking in certain public places, requirements for designating smoking sections, and rules for posting signs related to smoking bans and assigned smoking areas.
• Establish rules allowing smoking tobacco in certain stores that are primarily intended to sell food for people to consume off of the premises.
• Establish the circumstances under which a citation can be issued for smoking tobacco violations as well as the penalty for such violations.
• Establish the rules for civil penalties in connection with violations of tobacco laws, and setting forth the authority to create an account for the health education of minors.
• Establish requirements for the sale of cigarettes and smokeless products that are made from tobacco, including a mandate that tobacco products be sold in unopened plastic packages only.
• Prohibit the distribution of cigarettes and other tobacco products to minors, and establish rules mandating that signs be posted providing notice about the prohibition against selling tobacco products to minors.
• Establish rules aimed at preventing the sale of tobacco products to minors through the Internet.
• Establish rules regarding when it is lawful for cigarette vending machines to be located in public areas and restrictions on the use of coin-operated cigarette vending machines.
• Establish a process by which random inspections may be carried out for the purposes of ensuring compliance with the provisions of N.R.S. 202.2439 and 202.2494 and establish rules for having a child provide assistance with conducting the random inspections.
• Require the Attorney General to compile the results of investigations.
Within each of these different statutes that are found within the provisions enacted before the Nevada Clean Indoor Air Act, there are specific details about exactly what types of behaviors were considered unlawful, what must be proved for someone to be considered in violation of the law, and what penalties could be imposed in circumstances where a violation of the law occurred.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
Understanding all of these rules, as well as understanding how the passage of the Nevada Clean Indoor Air Act impacted the laws on smoking tobacco in the state of Nevada, is important in order to ensure that you are in full compliance with state law. If you have been accused of any violations of state law in connection with smoking tobacco or cigarettes, you also need to understand what these rules require must be proved by the prosecutor in order for you to be found guilty of committing a violation.
Nevada law takes offenses related to smoking and cigarettes very seriously. You do not want to find yourself facing serious penalties as a result of an alleged violation of the law so you should make certain that you respond proactively and assertively if you have been accused of any type of wrongdoing. You should reach out to a Vegas criminal lawyer who can provide you with information on the law, on possible defenses, and on penalties that you could face as a result of an alleged violation.
LV Criminal Defense has extensive experience providing representation to defendants in all circumstances where they have been accused of violating various rules in Chapter 202 of Title 15 of Nevada’s code, including in circumstances where they have allegedly violated the Nevada Clean Indoor Air Act or other rules related to tobacco and cigarettes. To find out more about how our legal team can help you, give us a call today for assistance.