(a) It is unlawful for a person who has not attained twenty-one (21) years of age to possess either a tobacco, smoking hemp, vapor product, or smokeless nicotine product, to purchase or accept receipt of either product, or to present or offer to any person any purported proof of age that is false, fraudulent, or not actually that person's own for the purpose of purchasing or receiving any tobacco, smoking hemp, vapor product, or smokeless nicotine product.
(b) Any person who violates this section may be issued a citation by a law enforcement officer who has evidence of the violation. Regardless of whether a citation is issued, the product shall be seized as contraband by the law enforcement officer.
(c) For a violation of this section, the general sessions or juvenile court may:(1) Require completion of community service work not to exceed fifty (50) hours;(2) Require successful completion of a prescribed court program;(3) Impose a civil penalty of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00), which may be charged against a person who is at least eighteen (18) years of age but less than twenty-one (21) years of age, or, in the case of a minor, against a parent, guardian, or custodian; or(4) For a minor:(A) Place the minor on an informal adjustment for a period of ninety (90) days; or(B) For a second or subsequent violation, place the minor on probation for up to six (6) months in addition to requiring community service and the successful completion of a prescribed court program focusing on the dangers of tobacco and vapor products. Any probation ordered must not be under the supervision of the department of children's services.
(1) Require completion of community service work not to exceed fifty (50) hours;
(2) Require successful completion of a prescribed court program;
(3) Impose a civil penalty of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00), which may be charged against a person who is at least eighteen (18) years of age but less than twenty-one (21) years of age, or, in the case of a minor, against a parent, guardian, or custodian; or
(4) For a minor:(A) Place the minor on an informal adjustment for a period of ninety (90) days; or(B) For a second or subsequent violation, place the minor on probation for up to six (6) months in addition to requiring community service and the successful completion of a prescribed court program focusing on the dangers of tobacco and vapor products. Any probation ordered must not be under the supervision of the department of children's services.
(A) Place the minor on an informal adjustment for a period of ninety (90) days; or
(B) For a second or subsequent violation, place the minor on probation for up to six (6) months in addition to requiring community service and the successful completion of a prescribed court program focusing on the dangers of tobacco and vapor products. Any probation ordered must not be under the supervision of the department of children's services.
(d) A person who has not attained twenty-one (21) years of age and who is cooperating with law enforcement officers in an operation designed to test the compliance of other persons with this part is not subject to sanctions under this section.
(e) As used in this section, “law enforcement officer” means an officer, employee or agent of government who is authorized by law to investigate the commission or suspected commission of violations of Tennessee law.
(f) It is not unlawful for a person under twenty-one (21) years of age to handle or transport:(1) Tobacco, tobacco products, smoking hemp, vapor products, or smokeless nicotine products as a part of and in the course of the person's employment; provided, that the person is under the supervision of another employee who is at least twenty-one (21) years of age; or(2) Tobacco, smoking hemp, vapor products, or smokeless nicotine products as part of an educational project that has been developed by the person for entry and display at an agricultural fair or other agricultural competition or event.
(1) Tobacco, tobacco products, smoking hemp, vapor products, or smokeless nicotine products as a part of and in the course of the person's employment; provided, that the person is under the supervision of another employee who is at least twenty-one (21) years of age; or
(2) Tobacco, smoking hemp, vapor products, or smokeless nicotine products as part of an educational project that has been developed by the person for entry and display at an agricultural fair or other agricultural competition or event.
(g) Nothing in this section shall be construed to prohibit a person under twenty-one (21) years of age from handling or transporting tobacco or hemp as part of and in the course of the person's involvement in any aspect of the agricultural production or storage of tobacco or hemp, the sale of raw tobacco or hemp at market or the transportation of raw tobacco or hemp to a processing facility.