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Current as of January 02, 2024 | Updated by Findlaw Staff
(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.
(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) Prior to making a sale of, or distributing, tobacco, smoking hemp, vapor product, or smokeless nicotine product, a person engaged in the sale or distribution of tobacco, smoking hemp, vapor product, or smokeless nicotine product shall demand from the prospective purchaser or recipient, and the prospective purchaser or recipient must present to the seller or distributor, proof of age, if an ordinary person would conclude on the basis of appearance that the prospective purchaser or recipient may be less than fifty (50) 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.
(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.
Cite this article: FindLaw.com - Tennessee Code Title 39. Criminal Offenses § 39-17-1504 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-39-criminal-offenses/tn-code-sect-39-17-1504/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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