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18-13-121. Furnishing cigarettes or tobacco product to minors.

(1)(a) A person shall not give, sell, distribute, or offer for sale to any person who is under eighteen years of age any cigarettes or tobacco products. 

 

(b) Before selling to any individual any cigarette or tobacco product, a person shall request from the individual and examine a government-issued photographic identification that establishes that the individual is eighteen years of age or older; except that, in face-to-face transactions, this requirement shall be waived if the individual appears older than thirty years of age.

 

(c) A person who violate paragraph (a) or (b) of this subsection (1) commits a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of two hundred dollars.

 

(d) It shall be an affirmative defense to a prosecution under paragraph (a) of this subsection (1) that the person furnishing the cigarette or tobacco product was presented with and reasonably relied upon a document that identified the individual receiving the cigarette or tobacco product as being eighteen years of age or older.

 

(2)(a) Any person who is under eighteen years of age and who purchases or attempts to purchase any cigarettes or tobacco products commits a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of one hundred dollars; except that, following a conviction or adjudication for a first offense under this subsection (2), the court in lieu of the fine may sentence the person to participate in a tobacco education program. The court may allow a person convicted under this subsection (2) to perform community service and be granted credit against the fine and court costs at the rate of five dollars for each hour of work performed for up to fifty percent of the fine and court costs.

 

(b) It shall not be an offense under paragraph (a) of this subsection (2) if the person under eighteen years of age was acting at the direction of an employee jof a governmental agency authorized to enforce or ensure compliance with laws relating to the prohibition of the sale of cigarettes and tobacco products to minors.

 

(3) Nothing in this section shall be construed to prohibit any statutory or home-rule municipality from enacting an ordinance that prohibits a person under eighteen years of age from purchasing any cigarettes or tobacco products or imposes requirements more stringent than provided in this section.

 

(4) (Deleted by amendment, L. 98, p. 1185, § 2, effective July 1, 1998.)

 

(5)(a) As used in this section, "tobacco product" means:

 

(I) Any product that contains nicotine or tobacco or is derived from tobacco and is intended to be ingested or inhaled by or applied to the skin of an individual; or

 

(II) Any electronic device that can be use to deliver nicotine to the person inhaling from the device, including but not limited to an electronic cigarette, cigar, cigarillo, or pipe.

 

(b) Notwithstanding any provision of paragraph (a) of this subsection (5) to the contrary, "tobacco product" does not mean any product that the food and drug administration of the United States department of health and human services has approved as a tobacco use cessation product.