Where Does Tennessee Stand On Vape And Smokable Hemp Product Sales To Minors?

Author:Ms Stephanie Savage
Profession:Miller & Martin
 
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With respect to any vapor or smoking hemp products, it is unlawful in Tennessee to sell, distribute to, or purchase on behalf of any person under the age of 18 (a "Minor"). In July 2019, amendments to the Tennessee "Prevention of Youth Access to Tobacco, Smoking Hemp and Vapor Products Act" (the "Act") went into effect to include the prohibition of smoking hemp products to minors. The Act provides for certain prohibitions and requirements to which retailers of vapor or smoking hemp products must adhere.

First, retailers should understand the meaning of "Vapor Products" and "Smoking Hemp Products" in Tennessee. Under the Act, a "Vapor Product" means "any noncombustible product containing nicotine or any other substance that employs a mechanical heating element, battery, electronic circuit, or other mechanism, regardless of shape or size, that can be used to produce or emit a visible or non-visible vapor [and] [i]ncludes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product, and any vapor cartridge, any substance used to refill a vapor cartridge, or other container of a solution containing nicotine or any other substance that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product."

The meaning of "Hemp" is consistent with the federal definition of hemp under the 2018 Federal Farm Bill: "the plant Cannabis sativa L. and any part of that plant, including the seeds thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than three tenths of one percent (0.3%) on a dry weight basis." "Smoking Hemp" is "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."

Retailers of vapor or smoking hemp products must comply with certain laws and regulations regarding the sale and distribution of these products.

Sale or Distribution: The Act prohibits the sale or distribution of vapor products and smokable hemp products to, or purchase of these products on behalf of, a minor. It is also unlawful for minors to possess, accept or attempt to purchase such products. Additionally, it is also unlawful to persuade, entice, send or assist a minor to purchase, acquire, receive or attempt to purchase or acquire...

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