House Bill 1244

AN ACT TO CREATE NEW SECTION 97-32-52, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR A PERSON TO SELL OR FURNISH ALTERNATIVE NICOTINE PRODUCTS TO OTHER PERSONS WHILE ON CERTAIN EDUCATIONAL PROPERTY; TO AMEND SECTION 97-32-51, MISSISSIPPI CODE OF 1972, TO INCLUDE VAPING DEVICES, COMPONENTS AND LIQUIDS IN THE DEFINITION OF ALTERNATIVE NICOTINE PRODUCTS; TO BRING FORWARD SECTION 37-11-18, MISSISSIPPI CODE OF 1972, WHICH REQUIRES THE EXPULSION OF ANY STUDENT WHO POSSESSES A CONTROLLED SUBSTANCE WHILE ON EDUCATIONAL PROPERTY, FOR PURPOSES OF AMENDMENT; TO BRING FORWARD SECTION 97-32-9, MISSISSIPPI CODE OF 1972, WHICH REGULATES JUVENILE PURCHASES OF TOBACCO; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following shall be codified as Section 97-32-52, Mississippi Code of 1972:

97-32-52. (1) It shall be unlawful for any person who is on educational property as defined by Section 97-37-17 except on property located on community and junior college campuses or institutions of higher learning to sell or furnish an alternative nicotine product as defined by Section 97-32-51, or any cartridge, component or liquid thereof to any individual under eighteen (18) years of age who is on such educational property. Each violation of the provisions of this section shall be treated as a separate offense.

(2) Upon conviction for violation of the provisions in subsection (1), the offender shall be punished as follows:

(a) For a first offense, a fine of Fifty Dollars ($50.00) and no more than ten (10) hours of community service;

(b) For a second offense, a fine of One Hundred Dollars ($100.00) and no more than thirty (30) hours of community service;

(c) For a third offense or subsequent offense, a fine of Two Hundred Fifty Dollars ($250.00) and no more than fifty (50) hours of community service.

(3) If the alternative nicotine product as defined in this act contains any controlled substance that is otherwise prohibited by law, or any other substance that causes the recipient of such to require emergency medical care as a result of using the product, the penalty shall be treble the fines and community service described in subsection (2) of this section, plus any other penalty provided by law for the sale, use, possession, or furnishing of the controlled substance or other substance to a person.

SECTION 2. Section 97-32-51, Mississippi Code of 1972, is amended as follows:

97-32-51. (1) For the purposes of this section:

(a) (i) "Alternative nicotine product" means:

1. An electronic cigarette; * * *or

2. Any other product that consists of or contains nicotine that can be ingested into the body by chewing, smoking, absorbing, dissolving, inhaling, vaping or by any other means * * *.;

3. Any electronic device, cartridge or component thereof used to refill or resupply an electronic device that can be used to deliver nicotine to an individual inhaling from the device, including, but not limited to, vaping liquid; or

4. An electronic cigar or cigarillo.

(ii) Alternative nicotine product does not include:

1. A cigarette or other tobacco product as defined in Section 97-32-3;

2. A product that is a drug under 21 USCS 321(g)(1);

3. A product that is a device under 21 USCS 321(h); or

4. A combination product described in 21 USCS 353(g).

(b) (i) "Electronic cigarette" means an electronic product or device that produces a vapor that delivers nicotine or other substances to the person inhaling from the device to simulate smoking, and is likely to be offered to, or purchased by, consumers as an electronic cigarette, electronic cigar, electronic cigarillo or electronic pipe.

(ii) Electronic cigarette does not include:

1. A cigarette or other tobacco products as defined in Section 97-32-3;

2. A product that is a drug under 21 USCS 321(g)(1);

3. A product that is a device under 21 USCS 321(h); or

4. A combination product described in 21 USCS 353(g).

(2) No person, either directly or indirectly by an agent or employee, or by a vending machine owned by the person or located in the person's establishment, shall sell, offer for sale, give or furnish any alternative nicotine product, or any cartridge or component of an alternative nicotine product, to an individual under eighteen (18) years of age. Each violation of the provisions of this section shall be treated as a separate offense. The penalties described in this subsection shall be treble the fines described in this section, plus any other penalty provided by law for the sale, use, possession, or furnishing of the controlled substance or other substance to a person, if the alternative nicotine product as defined in this act contains any controlled substance that is otherwise prohibited by law, or any other substance that causes the recipient of such to require emergency medical care as a result of using the product. A violation of this subsection is punishable as follows:

(a) By a fine of * * *~~Fifty Dollars ($50.00)~~ Two Hundred Fifty Dollars ($250.00) for a first offense;

(b) By a fine of * * *~~Seventy‑five Dollars ($75.00)~~ Five Hundred Dollars ($500.00) for a second offense; and

(c) By a fine of * * *~~One Hundred Dollars ($100.00)~~ up to One Thousand Dollars ($1,000.00) for a third or subsequent offense.

(3) Before selling, offering for sale, giving or furnishing an alternative nicotine product, or any cartridge or component of an alternative nicotine product to an individual, a person shall verify that the individual is at least eighteen (18) years of age by:

(a) Examining from any individual that appears to be under twenty-seven (27) years of age a government-issued photographic identification that establishes the individual is at least eighteen (18) years of age; or

(b) For sales made through the Internet or other remote sales methods, performing an age verification through an independent, third-party age verification service that compares information available from public records to the personal information entered by the individual during the ordering process that establishes the individual is eighteen (18) years of age or older.

SECTION 3. Section 37-11-18, Mississippi Code of 1972, is brought forward as follows:

37-11-18. Any student in any school who possesses any controlled substance in violation of the Uniform Controlled Substances Law, a knife, handgun, other firearm or any other instrument considered to be dangerous and capable of causing bodily harm or who commits a violent act on educational property as defined in Section 97-37-17, Mississippi Code of 1972, shall be subject to automatic expulsion for a calendar year by the superintendent or principal of the school in which the student is enrolled; provided, however, that the superintendent of the school shall be authorized to modify the period of time for such expulsion on a case by case basis. Such expulsion shall take effect immediately subject to the constitutional rights of due process, which shall include the student's right to appeal to the local school board.

SECTION 4. Section 97-32-9, Mississippi Code of 1972, is brought forward as follows:

97-32-9. No person under eighteen (18) years of age shall purchase any tobacco product. No student of any high school, junior high school or elementary school shall possess tobacco on any educational property as defined in Section 97-37-17.

(a) If a person under eighteen (18) years of age is found by a court to be in violation of any other statute and is also found to be in possession of a tobacco product, the court may order the minor to perform up to three (3) hours of community service, in addition to any other punishment imposed by the court.

(b) A violation under this section is not to be recorded on the criminal history of the minor and, upon proof of satisfaction of the court's order, the record shall be expunged from any records other than youth court records.

SECTION 5. This act shall take effect and be in force from and after July 1, 2019.