Report Card
Enforcement
South Dakota relies on the State Attorney’s office and local law enforcement to enforce their Tobacco 21 law. The involvement of law enforcement in this process is not recommended as it creates an unnecessary touch point for youth and police. South Dakota does not require age verification with a government issued ID for those who appear under the age of 30, specify the minimum number of compliance checks to be performed each year by retailer or specify the age of decoys to perform the compliance checks. Penalties for violation are placed on both the seller and on the patron. In addition the seller can only be penalized for one sale to a patron under the age of 21 per day. We expect to see a continuation of poor compliance in South Dakota as a result.
Tobacco Retail License
- Comprehensive statewide Tobacco Retail License covering all tobacco products
- Multiple Tobacco Retail Licenses that cover all tobacco products
- Tobacco Retail License only covers cigarettes and NOT e-cigarettes
- No statewide Tobacco Retail License
Preemption
- No preemption
- Preempted from raising the sales age
- Preempted from creating a Tobacco Retail License
All public health is local. Often Big Tobacco works to add preemption to statewide tobacco control bills so cities and counties are unable to enact laws that better protect the public.
High School Vaping Rate
23.9%
Tobacco Prevention vs. Industry Marketing
$1 : $5
South Dakota spends $4.5M in tobacco prevention efforts and the tobacco industry spends $24.2M in marketing. For every $1 spent in prevention, Big Tobacco spends $5 in marketing.