34-46-2. Unlawful actions. The following actions are unlawful:

(1) To knowingly sell or distribute a tobacco product to a person under the age of eighteen;

(2) To purchase or attempt to purchase, to receive or attempt to receive, to possess, or to consume a tobacco product if a person is under the age of eighteen;

(3) To purchase a tobacco product on behalf of, or to give a tobacco product to, any person under the age of eighteen;

(4) To sell cigarettes other than in an unopened package originating with the manufacturer and depicting the warning labels required by federal law;

(5) To sell tobacco products through a vending machine located in a place other than the following:

(a) A factory, business, office, or other place not open to the general public;

(b) A place that is open to the public but to which persons under the age of eighteen are denied access;

(c) An establishment licensed under chapter 35-4 to sell alcoholic beverages for consumption on the premises where sold;

(6) To sell cigarettes or smokeless tobacco, or both, through a self-service display other than a display that is:

(a) A vending machine permitted under subdivision (5) of this section; or

(b) Located in a tobacco speciality store; or

(7) To distribute tobacco product samples in or on a public street, sidewalk, or park that is within five hundred feet of a playground, school, or other facility when the facility is being used primarily by persons under the age of eighteen.Source: SL 1994, ch 280, § 2; SL 1997, ch 206, § 1; SL 1998, ch 215, § 1; SL 2007, ch 199, § 1; SL 2009, ch 170, § 2.