Senate Bill 2064

(As Passed the Senate)

AN ACT MAKING IT UNLAWFUL FOR ANY PERSON TO KNOWINGLY SELL, BARTER, EXCHANGE, DELIVER OR GIVE AWAY A BIDI CIGARETTE TO ANOTHER PERSON; TO DEFINE THE TERM "BIDI CIGARETTE"; AND FOR RELATED PURPOSES.

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

SECTION 1. No person shall knowingly sell, barter, exchange, deliver or give away a bidi cigarette to another person, nor shall a person cause or permit or procure a bidi cigarette to be sold, bartered, exchanged, delivered or given away to another person. Any person who knowingly violates or knowingly causes the violation of this section shall be guilty of a misdemeanor for which the offender may be fined an amount as follows:

(a) For a first offense, not less than One Hundred Dollars ($100.00) and not more than Five Hundred Dollars ($500.00);

(b) For a second offense within a two-year period, not less than Two Hundred Fifty Dollars ($250.00) and not more than Five Hundred Dollars ($500.00);

(c) For a third or subsequent offense within a two-year period, not less than Five Hundred Dollars ($500.00) and not more than One Thousand Dollars ($1,000.00).

For purposes of this section, the term "bidi cigarette" means a product that contains tobacco that is wrapped in temburni leaf (diospyros melanoxylon) or tendu leaf (diospyros exculpra) or that is wrapped in another material identified by rules of the State Department of Health that is similar in appearance or characteristics to the temburni or tendu leaf.

SECTION 2. This act shall take effect and be in force from and after July 1, 2002.