(a) It is unlawful for any person to sell or distribute any tobacco, smoking hemp, vapor product, or smokeless nicotine product to another person who has not attained twenty-one (21) years of age or to purchase a tobacco, smoking hemp, vapor product, or smokeless nicotine product on behalf of such person under twenty-one (21) years of age.
(b) 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, vapor product, or smokeless nicotine product. This section and § 39-17-1505 do not preclude law enforcement efforts involving:(1) The use of a minor if the minor's parent or legal guardian has consented to this action; or(2) 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.
(1) The use of a minor if the minor's parent or legal guardian has consented to this action; or
(2) 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.
(c) No person shall distribute tobacco, smoking hemp, vapor product, or smokeless nicotine product samples in or on any public street, sidewalk, or park.
(d) A person engaged in the sale or distribution of tobacco, smoking hemp, vapor product, or smokeless nicotine product, or an employee thereof, shall not make or permit to be made any sales of tobacco, smoking hemp, vapor product, or smokeless nicotine product to a person under twenty-one (21) years of age. Prior to making a sale of tobacco, smoking hemp, vapor product, or smokeless nicotine product, a consumer whose physical appearance does not reasonably demonstrate an age of fifty (50) years or older must present to the person or an employee of the person a valid, government-issued document, such as a driver license or other form of identification deemed acceptable to the person or employee that includes the photograph and birth date of the consumer attempting to make a purchase. Consumers exempt under state law from the requirement of having a photo identification shall present identification that is acceptable to the person or the person's employee. The person or person's employee shall make a determination from the information presented whether the consumer is at least twenty-one (21) years of age. In the case of distribution by mail, the distributor of tobacco, smoking hemp, vapor product, or smokeless nicotine product 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, vapor product, or smokeless nicotine product, as defined by this part, to any person under twenty-one (21) years of age.