A. It is unlawful for a person who is under twenty-one (21) years of age to purchase, receive, or have in his or her possession a tobacco product, nicotine product or vapor product, or to present or offer to any person any purported proof of age which is false or fraudulent, for the purpose of purchasing or receiving any tobacco product, nicotine product or vapor product. It shall not be unlawful for an employee under twenty-one (21) years of age to handle tobacco products, nicotine products or vapor products when required in the performance of the employee's duties.

B. When a person violates subsection A of this section, the violator shall complete an education or tobacco use cessation program approved by the court. If the violator fails to complete the tobacco use cessation program ordered by the court, a fine may be imposed that shall not exceed Fifty Dollars ($50.00) for a first offense or One Hundred Dollars ($100.00) for subsequent offenses. The violator may also be required to complete a community service program or other appropriate programs or services as ordered by the court. The court shall have jurisdiction over the violator for twelve (12) months following sentencing to ensure all programs and orders of the court are followed.

C. The ABLE Commission shall establish rules to provide for notification to a parent or guardian of any minor cited for a violation of this section.

D. Cities and towns may enact and municipal police officers may enforce ordinances prohibiting and penalizing conduct in violation of this section.

E. For the purposes of this section, the term “vapor products” shall have the same meaning as provided in the Prevention of Youth Access to Tobacco Act.¹