Illegal distribution of a tobacco product -- Exceptions.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section. (2) Except as provided in Subsection (4), an actor commits illegal distribution of a tobacco product if the actor: (a) is a manufacturer, wholesaler, or retailer; and (b) gives or distributes a tobacco product in this state without charge. (3) A violation of Subsection (2) is: (a) a class C misdemeanor on the first offense; or (b) a class B misdemeanor on a subsequent offense. (4) (a) A tobacco product may be distributed to an adult without charge at a professional convention where the general public is excluded. (b) The prohibition described in Subsection (2) does not apply to a tobacco retailer, a manufacturer, or a distributor that gives a tobacco product to an individual who is 21 years old or older upon the individual's purchase of a tobacco product.