Sale or Distribution to Underage Persons Unlawful — Proof of Age Requirement. [Effective on January 1, 2021. See Version Effective Until January 1, 2021.]
Sale or Distribution to Underage Persons Unlawful — Proof of Age Requirement. [Effective on January 1, 2021. See Version Effective Until January 1, 2021.]
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It is unlawful for any person to sell or distribute any tobacco, smoking hemp, or vapor product to another person who has not attained twenty-one (21) years of age or to purchase a tobacco, smoking hemp, or vapor product on behalf of such person under twenty-one (21) years of age.
It is unlawful for any person to persuade, entice, send or assist a person who has not attained twenty-one (21) years of age to purchase, acquire, receive or attempt to purchase, acquire or receive a tobacco, smoking hemp, or vapor product. This section and § 39-17-1505 do not preclude law enforcement efforts involving:
The use of a minor if the minor's parent or legal guardian has consented to this action; or
The use of an individual under twenty-one (21) years of age who is not a minor if the individual has consented to this action.
No person shall distribute tobacco, smoking hemp, or vapor product samples in or on any public street, sidewalk, or park.
A person engaged in the sale or distribution of tobacco, smoking hemp, or vapor products shall demand proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that the prospective purchaser or recipient may be under thirty (30) years of age. In the case of distribution by mail, the distributor of tobacco, smoking hemp, or vapor products shall obtain from the addressee an affirmative statement that the person is twenty-one (21) years of age or older, and shall inform the recipient that the person is strictly prohibited from distributing any tobacco, smoking hemp, or vapor product, as defined by this part, to any person under twenty-one (21) years of age.