2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 15 - PREVENTION OF YOUTH ACCESS TO TOBACCO AND ELECTRONIC CIGARETTES ACT (§§ 39-17-1501 — 39-17-1551) › Section 39-17-1505 - Prohibited purchases or possession by underage persons - Penalties

(a)
It is unlawful for a person who has not attained twenty-one (21) years of age to possess either a tobacco, smoking hemp, vapor product, or smokeless nicotine 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, vapor product, or smokeless nicotine product.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
It is not unlawful for a person under twenty-one (21) years of age to handle or transport:
(1)
Tobacco, tobacco products, smoking hemp, vapor products, or smokeless nicotine 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
(2)
Tobacco, smoking hemp, vapor products, or smokeless nicotine 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.
(g)
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.
Amended by 2022 Tenn. Acts, ch. 810, Secs.s4, s5 eff. 4/8/2022.
Amended by 2020 Tenn. Acts, ch. 732, s 12, eff. 1/1/2021.
Amended by 2019 Tenn. Acts, ch. 303, Secs.s 8, s 9 eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 303, s 7, eff. 7/1/2019.
Amended by 2018 Tenn. Acts, ch. 1052, s 54, eff. 7/1/2018.
Amended by 2015 Tenn. Acts, ch. 353, s 8, Sec.s 9, s 10 eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 353, s 7, eff. 7/1/2015.
Acts 1994, ch. 872, § 5; 1999, ch. 354, §§ 5 - 7; 2001, ch. 341, § 11.