76-9-1120. Unlawful sale of a cannabinoid inhalation product or a cannabinoid inhalation substance.
(1) As used in this section:
(a) "Cannabinoid inhalation product" means an electronic cigarette that contains a cannabinoid.
(b) "Cannabinoid inhalation substance" means a substance containing a cannabinoid that is used or intended for use in an electronic cigarette.
(c) "Compensatory service" means service or unpaid work performed by an employee, in lieu of the payment of a fine or imprisonment.
(d) "Employee" means an employee or an owner of a retailer.
(2) An actor commits unlawful sale of a cannabinoid inhalation product or a cannabinoid inhalation substance if the actor:
(a) is an employee; and
(b) intentionally or knowingly sells or gives a cannabinoid inhalation product or a cannabinoid inhalation substance in the course of business to an individual.
(3) A violation of Subsection (2) is:
(a) on a first violation:
(i) a class C misdemeanor; and
(ii) subject to:
(A) a fine not exceeding $1,000; or
(B) compensatory service; or
(b) on a subsequent violation:
(i) a class B misdemeanor; and
(ii) subject to:
(A) a fine not exceeding $2,000; or
(B) compensatory service.
(4) This section does not prohibit or restrict the sale of medical cannabis or a medical cannabis device if done in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, and with Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies.