Tennessee § 39-17-1505 - Prohibited purchases or possession by underage persons — Penalties. [Effective on January 1, 2021. See version effective until January 1, 2021.]

§ 39-17-1505. Prohibited purchases or possession by underage persons — Penalties. [Effective on January 1, 2021. See version effective until January 1, 2021.]

It is unlawful for a person who has not attained twenty-one (21) years of age of age to possess either a tobacco, smoking hemp, or vapor product, to purchase or accept receipt of either product, or to present or offer to any person any purported proof of age that is false, fraudulent, or not actually that person's own for the purpose of purchasing or receiving any tobacco, smoking hemp, or vapor product. Any person who violates this section may be issued a citation by a law enforcement officer who has evidence of the violation. Regardless of whether a citation is issued, the product shall be seized as contraband by the law enforcement officer. A violation of this section is a civil offense, for which the general sessions or juvenile court may, in its discretion, impose a civil penalty of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00), which may be charged against a person who is at least eighteen (18) years of age but less than twenty-one (21) years of age, or, in the case of a minor, against a parent, guardian, or custodian. The general sessions or juvenile court may, in its discretion, also impose community service work not to exceed fifty (50) hours or successful completion of a prescribed court program for a second or subsequent violation within a one-year period. A person who has not attained twenty-one (21) years of age and who is cooperating with law enforcement officers in an operation designed to test the compliance of other persons with this part is not subject to sanctions under this section. As used in this section, “law enforcement officer” means an officer, employee or agent of government who is authorized by law to investigate the commission or suspected commission of violations of Tennessee law. It is not unlawful for a person under twenty-one (21) years of age to handle or transport: Tobacco, tobacco products, smoking hemp, or vapor products as a part of and in the course of the person's employment; provided, that the person is under the supervision of another employee who is at least twenty-one (21) years of age; or Tobacco, smoking hemp, or vapor products as part of an educational project that has been developed by the person for entry and display at an agricultural fair or other agricultural competition or event. Nothing in this section shall be construed to prohibit a person under twenty-one (21) years of age from handling or transporting tobacco or hemp as part of and in the course of the person's involvement in any aspect of the agricultural production or storage of tobacco or hemp, the sale of raw tobacco or hemp at market or the transportation of raw tobacco or hemp to a processing facility. Acts 1994, ch. 872, § 5; 1999, ch. 354, §§ 5-7; 2001, ch. 341, § 11; 2015, ch. 353, §§ 7-10; 2018, ch. 1052, § 54; 2019, ch. 303, §§ 7-9; 2020, ch. 732, §§ 9, 12. Compiler's Notes. Acts 2018, ch. 1052, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Juvenile Justice Reform Act of 2018.” Acts 2018, ch. 1052, § 55 provided that it is the intent of the general assembly that improvements to the juvenile justice system and expansion of community-based resources for justice-involved children be prioritized, including, but not limited to, evidence-based programs, informal adjustment, diversion, home placement supervision, statewide data collection, early intervention programs and services for children and families, and mental health services, especially in any county underserved with such programs and services. Amendments. The 2018 amendment rewrote (b) which read: “Any person who violates this section shall be issued a citation by a law enforcement officer or school principal who has evidence of the violation. The citation shall require the person to appear in the juvenile court for the county in which the violation is alleged to have occurred. At the time of issuance of the citation, the product shall be seized as contraband by the law enforcement officer or school principal.”; and, in (c), in the first sentence, substituted “a civil offense, for which the juvenile court may, in its discretion, impose a” for “a civil offense, the penalty for which is a” and added “, which may be charged against a parent, guardian, or custodian, but not a minor” at the end, and deleted the former second sentence which read: “Upon its determination that the person has violated this section, the juvenile court shall determine the amount of the civil penalty and shall order the destruction of the product.”. The 2019 amendment, in (a), substituted “tobacco, smoking hemp, or vapor product” for “tobacco or vapor product” twice; in (f), inserted “smoking hemp,” twice; and in (g), inserted “or hemp” following “tobacco” three times. The 2020 amendment, effective January 1, 2021, substituted “twenty-one (21) years of age” for “eighteen (18) years of age” throughout (a), (f), and (g); in (c), inserted “general sessions or” twice and in the first sentence, inserted “person who is at least eighteen (18) years of age but less than twenty-one (21) years of age, or, in the case of a minor, against a”, deleted “, but not a minor.” from the end of the first sentence following “or custodian” and in the second sentence, deleted “teen” following “of a prescribed”; and in (d), substituted “A person who has not attained twenty-one (21) years of age and” for “A minor” and substituted “is not” for “shall not be”. Effective Dates. Acts 2020, ch. 732, § 25. January 1, 2021.