Section 105 – Buying or possessing a tobacco product or an electronic cigarette product by a minor — Penalty — Compliance officer authority — Juvenile court jurisdiction.

• (1) An individual who is 18 years old or older, but younger than 21 years old, and who buys or attempts to buy, accepts, or has in the individual’s possession a tobacco product, an electronic cigarette product, or a nicotine product is:
  • (a) guilty of an infraction; and
  • (b) subject to:
    • (i) a minimum fine or penalty of $60; and
    • (ii) participation in a court-approved tobacco education or cessation program, which may include a participation fee.

• (2)
  • (a) An individual who is under 18 years old and who buys or attempts to buy, accepts, or has in the individual’s possession a tobacco product, an electronic cigarette product, or a nicotine product is subject to a citation under Section 80-6-302, unless the violation is committed on school property under Section 53G-8-211.
  • (b) If a violation under this section is adjudicated under Section 80-6-701, the minor may be subject to the following:
    • (i) a fine or penalty, in accordance with Section 80-6-709; and
    • (ii) participation in a court-approved tobacco education program, which may include a participation fee.

• (3)
  • (a) A compliance officer appointed by a board of education under Section 53G-4-402 may not issue a citation for a violation of this section committed on school property.
  • (b) A cited violation committed on school property shall be addressed in accordance with Section 53G-8-211.

Amended by Chapter 262, 2021 General Session