Section 112 – Prohibition of distribution of a tobacco product — Exceptions.

• (1) Except as provided in Subsection (3), it is unlawful for a manufacturer, wholesaler, or retailer to give or distribute a tobacco product in this state without charge.

• (2) An individual who violates this subsection is guilty of:
  • (a) a class C misdemeanor for the first offense; and
  • (b) a class B misdemeanor for any subsequent offense.

• (3) A tobacco product may be distributed to an adult without charge at a professional convention where the general public is excluded.

• (4) The prohibition described in Subsection (1) 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.

Amended by Chapter 302, 2020 General Session