76-9-1113. Illegal distribution of a tobacco product -- Exceptions.
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Effective 5/7/2025
76-9-1113. Illegal distribution of a tobacco product -- Exceptions.
(1)Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section.
(2)Except as provided in Subsection (4), an actor commits illegal distribution of a tobacco product if the actor:
(a)is a manufacturer, wholesaler, or retailer; and
(b)gives or distributes a tobacco product in this state without charge.
(3)A violation of Subsection
(2)is:
(a)a class C misdemeanor on the first offense; or
(b)a class B misdemeanor on a subsequent offense.
(a)A tobacco product may be distributed to an adult without charge at a professional convention where the general public is excluded.
(b)The prohibition described in Subsection
(2)does not apply to a tobacco retailer, a manufacturer, or a distributor that gives a tobacco product to an individual who is 21 years old or older upon the individual's purchase of a tobacco product.
Renumbered and Amended by Chapter 173 , 2025 General Session