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.
(4)(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.