(a) A person under 19 years of age may not knowingly possess a cigarette, a cigar, tobacco, a product containing tobacco, an electronic smoking product, or a product containing nicotine in this state. This subsection does not apply to a person who is a prisoner at an adult correctional facility.
(b) In a prosecution under (a) of this section for possession of an electronic smoking product or a product containing nicotine, it is an affirmative defense that the electronic smoking product or product containing nicotine possessed by the person under 19 years of age was intended or expected to be consumed without being combusted, and the electronic smoking product or product containing nicotine
(1) has been approved by the United States Food and Drug Administration for sale as a tobacco use cessation or harm reduction product or for other medical purposes;
(2) was being marketed and sold for the approved purposes; and
(3) was
(A) prescribed by a health care professional;
(B) given to the person by the person's parent or guardian;
(C) provided by a state-approved tobacco cessation program administered by the Department of Health and Social Services; or
(D) provided by a pharmacist to a person 18 years of age or older without a prescription.
(c) Possession of tobacco, an electronic smoking product, or a product containing nicotine by a minor is a violation.
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