76-9-1113. Illegal distribution of a tobacco product -- Exceptions.
(1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-9-1101
(2) Except as provided in Subsection (4), an actor commits illegal distribution of a tobacco product if the actor: is a manufacturer, wholesaler, or retailer; and gives or distributes a tobacco product in this state without charge.
(3) A violation of Subsectionis: (2) a class C misdemeanor on the first offense; or a class B misdemeanor on a subsequent offense.
(4) A tobacco product may be distributed to an adult without charge at a professional convention where the general public is excluded. 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.