Getting your first job can be an exciting experience. It can be much more exciting if you want to work at a smoke shop. If you’re newly 18 and searching for smoke shop jobs in Florida, you’ve probably come across a maze of rules and age restrictions that can make things a bit confusing.
The question many people ask is simple: Can you work at a smoke shop at 18 in Florida?
The answer depends on state laws, federal regulations, and the specific products a store sells. Let’s break down what you need to know about Florida smoke shop laws, age restrictions, and what you need to work in a smoke or hemp shop.
Florida’s Minimum Age for Employment
The key legal rule for working in a smoke or hemp shop in Florida is the age restriction tied to selling tobacco and nicotine products.
In Florida, you must be at least 21 years old to buy, possess, or be sold any tobacco or nicotine product. This includes cigarettes, cigars, chewing tobacco, e-liquids, vapes, and e-cigarettes.
This rule comes from both federal and state laws.
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Federal Law (Tobacco 21 or T21): In December 2019, the federal government raised the minimum age to 21 for all tobacco sales nationwide.
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Florida Law: Florida Statute §569.41 follows the same rule. It makes it illegal to sell, give, or deliver any nicotine product to anyone under 21.
Florida law doesn’t specifically say that all smoke shop employees must be 21, but in practice, it works out that way. Hiring anyone under 21 for a customer-facing role is very difficult and often not legally allowed due to sales restrictions.
You must be at least 21 if your job includes selling, delivering, or handing out tobacco or nicotine products. Since selling these items is the main part of working at a smoke shop, anyone under 21 can’t legally make any sales or assist customers with age-restricted products.
Florida Law vs. Federal Law
Understanding the difference between Florida state law and federal law will help you better understand the retail industry.
Federal Law
Federal law does not set an explicit age limit for working in a smoke shop, but it places strict rules on the transaction itself. The FDA’s "Tobacco 21" rules make it illegal for a retailer to sell any tobacco product to anyone under 21. This means that an 18-year-old employee cannot legally complete a sale of a tobacco product, e-cigarette, or nicotine product, even if the customer is 21 or older.
Florida Law
Florida’s Child Labor Law allows 18-year-olds to work freely in most jobs without the limits younger workers face. However, those specific laws take priority over general labor rules when it comes to age-restricted products like tobacco or nicotine.
An 18-year-old could technically work in a smoke shop if their tasks are limited to non-age-restricted products. This might include cleaning, stocking shelves, or selling accessories and glassware that don’t contain tobacco or nicotine and aren’t meant for underage use. But most products are age-restricted in smoke shops.
This makes it very difficult to keep an 18-year-old completely away from sales without creating any operational challenges and legal risks for the business. For this reason, many employers set an internal policy that requires all customer-facing staff to be 21 or older to stay compliant with the law.
The Role of Hemp and CBD in the 18 Smoke Shop Job Question
Shops that sell products like CBD, low-THC hemp, and kratom are sometimes called “smoke shops” or hemp shop work environments. This is how to secure an 18-year-old smoke shop law-compliant job in Florida.
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CBD and Hemp: In Florida, you must be at least 18 to buy most CBD and low-THC hemp products. This means that if a shop only sells these items and no traditional tobacco or nicotine products, an 18-year-old could legally work there and handle sales of the non-nicotine, non-tobacco products.
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Kratom: The age to purchase kratom in Florida is 21 in many local jurisdictions.
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Always Check Inventory: If you’re looking for an 18 smoke shop job in Florida, you need to make sure the store doesn’t sell any items regulated under the “Tobacco 21” law. Even selling one pack of rolling papers or a nicotine vape by someone under 21 would be considered a legal violation.
Penalties for Non-Compliance
Smoke shop owners and employees who break these age restrictions can face serious and expensive penalties. This is why employers in Florida enforce the 21+ hiring policy for all smoke shop Florida jobs.
Penalties for the Business/Employer
Employers are fully responsible for any illegal sales their employees make. Florida law sets out strict and severe penalties for retailers who violate these rules:
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Fines: Retailers face administrative penalties and fines of up to $1,000 from the Florida Division of Alcoholic Beverages and Tobacco (ABT) for illegal sales.
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Misdemeanor Charges: Any retailer or employee who sells, delivers, or provides tobacco or nicotine products to someone under 21 commits a second-degree misdemeanor. This offense can result in fines and up to 60 days in jail.
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Loss of License: Repeated violations can result in the retailer losing their license to sell tobacco or nicotine products, which could lead to their business being shut down.
Penalties for Employees
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Selling to anyone under 21 or failing to check IDs can lead to personal fines and your immediate termination.
Employer Requirements and ID Rules
It is important to follow these rules to protect yourself from any legal troubles.
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Post Signs: You should post clear and noticeable signs stating that selling tobacco or nicotine products to anyone under 21 is illegal.
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ID Verification: Always carefully check the photo ID of anyone under 30 who tries to buy age-restricted products.
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Employee Training: Provide a mandatory training program for all employees covering Florida smoke shop laws, proper ID examination, and methods for recognizing and handling customers under 21.
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Verifying Age Before Hiring: Employers must confirm that applicants are at least 18 years old.
Conclusion
In conclusion, it’s highly unlikely for an 18-year-old to work in a typical smoke shop in a sales role. While 18 is legally an adult for most jobs, federal and Florida laws set the minimum age for selling tobacco and nicotine products at 21. This effectively creates a de facto age limit of 21 for nearly all customer-facing positions in traditional smoke shops.
If you’re 18 and want to work in the industry, your best option is to focus on niche shops that sell only products not covered by the “Tobacco 21” law. This could include specialty glass or accessories stores, or hemp/CBD shops that do not sell nicotine products. Waiting until you turn 21 is the only way to fully comply with the law and access most smoke shop Florida jobs.
