Senate Bill 2769

AN ACT TO CREATE NEW SECTION 97-32-53, MISSISSIPPI CODE OF 1972, TO MAKE IT UNLAWFUL FOR A PERSON UNDER 18 YEARS OF AGE TO PURCHASE ANY ALTERNATIVE NICOTINE PRODUCT OR ANY CARTRIDGE OR COMPONENT OF AN ALTERNATIVE NICOTINE PRODUCT; TO MAKE IT UNLAWFUL FOR A STUDENT OF ANY HIGH SCHOOL, JUNIOR HIGH SCHOOL, MIDDLE SCHOOL OR ELEMENTARY SCHOOL TO POSSESS AN ALTERNATIVE NICOTINE PRODUCT OR ANY CARTRIDGE OR COMPONENT OF AN ALTERNATIVE NICOTINE PRODUCT ON ANY EDUCATIONAL PROPERTY; AND FOR RELATED PURPOSES.

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

SECTION 1. The following provision shall be codified as Section 97-32-53, Mississippi Code of 1972:

97-32-53. (1) No person under eighteen (18) years of age shall purchase any alternative nicotine product or any cartridge or component of an alternative nicotine product. No student of any high school, junior high school, middle school or elementary school shall possess an alternative nicotine product or any cartridge or component of an alternative nicotine product on any educational property as defined in Section 97-32-51.

(2) 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 an alternative nicotine product or any cartridge or component of an alternative nicotine 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.

(3) 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 2. This act shall take effect and be in force from and after July 1, 2019.