(a) It is unlawful for any person to sell or distribute any tobacco, smoking hemp, vapor product, or smokeless nicotine product to another person who has not attained twenty-one (21) years of age or to purchase a tobacco, smoking hemp, vapor product, or smokeless nicotine product on behalf of such person under twenty-one (21) years of age.
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Terms Used In Tennessee Code 39-17-1504

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Hemp: means the plant Cannabis sativa L. See Tennessee Code 39-17-1503
  • Minor: means any person under eighteen (18) years of age. See Tennessee Code 39-11-106
  • Obtain: includes , but is not limited to, the taking, carrying away or the sale, conveyance or transfer of title to or interest in or possession of property, and includes, but is not limited to, conduct known as larceny, larceny by trick, larceny by conversion, embezzlement, extortion or obtaining property by false pretenses. See Tennessee Code 39-11-106
  • Person: means any individual, firm, fiduciary, partnership, corporation, trust, or association. See Tennessee Code 39-17-1503
  • Proof of age: means a driver license or other generally accepted means of identification that describes the individual as twenty-one (21) years of age or older, contains a photograph or other likeness of the individual, and appears on its face to be valid. See Tennessee Code 39-17-1503
  • Smoking hemp: means hemp that is offered for sale to the public with the intention that it is consumed by smoking and that does not meet the definition of a vapor product. See Tennessee Code 39-17-1503
(b) It is unlawful for any person to persuade, entice, send or assist a person who has not attained twenty-one (21) years of age to purchase, acquire, receive or attempt to purchase, acquire or receive a tobacco, smoking hemp, vapor product, or smokeless nicotine product. This section and § 39-17-1505 do not preclude law enforcement efforts involving:

(1) The use of a minor if the minor’s parent or legal guardian has consented to this action; or
(2) The use of an individual under twenty-one (21) years of age who is not a minor if the individual has consented to this action.
(c) No person shall distribute tobacco, smoking hemp, vapor product, or smokeless nicotine product samples in or on any public street, sidewalk, or park.
(d) A person engaged in the sale or distribution of tobacco, smoking hemp, vapor product, or smokeless nicotine product shall demand proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that the prospective purchaser or recipient may be under thirty (30) years of age. In the case of distribution by mail, the distributor of tobacco, smoking hemp, vapor product, or smokeless nicotine product shall obtain from the addressee an affirmative statement that the person is twenty-one (21) years of age or older, and shall inform the recipient that the person is strictly prohibited from distributing any tobacco, smoking hemp, vapor product, or smokeless nicotine product, as defined by this part, to any person under twenty-one (21) years of age.
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