76-9-1106. Buying or possessing a tobacco product or an electronic cigarette product by a minor.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(1)Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section.

(2)An actor commits buying or possessing a tobacco product or an electronic cigarette product by a minor if the actor:

(a)is younger than 21 years old; and

(b)buys or attempts to buy, accepts, or has in the actor's possession a tobacco product, an electronic cigarette product, or a nicotine product.

(a)If the actor is 18 years old or older but younger than 21 years old, a violation of Subsection

(2)is:

(i)an infraction; and

(ii)subject to:

(A)a minimum fine or penalty of $60; and

(B)participation in a court-approved tobacco education or cessation program, which may include a participation fee.

(b)If the actor is under 18 years old, a violation of Subsection

(2)is a citation under Section 80-6-302 , unless the violation is committed on school property under Section 53G-8-211 .

(c)If a violation under this section is adjudicated under Section 80-6-701 , the minor may be subject to the following:

(i)a fine or penalty, in accordance with Section 80-6-709 ; and

(ii)participation in a court-approved tobacco education program, which may include a participation fee.

(a)A compliance officer appointed by a board of education under Section 53G-4-402 may not issue a citation for a violation of this section committed on school property.

(b)A cited violation committed on school property shall be addressed in accordance with Section 53G-8-211 .

Renumbered and Amended by Chapter 173 , 2025 General Session