§ 14-3-302 — Prohibited sales or delivery

Wyoming § 14-3-302

• Jurisdiction: Wyoming
• Title 14: Children
• Ch. 3: PROTECTION
• Art. 3: SALE OF NICOTINE AND THC PRODUCTS

Text

(a) No individual shall sell, offer for sale, give away or
deliver nicotine products to any person under the age of twenty-
one (21) years.
(b) Any individual violating W.S. 14-3-309 or subsection
(a) of this section is guilty of a misdemeanor punishable by a
fine of not more than:
(i) Two hundred fifty dollars ($250.00) for a first
violation committed within a twenty-four (24) month period. The
court may allow the defendant to perform community service or
attend a tobacco or nicotine cessation program and be granted
credit against his fine and court costs at the rate of ten
dollars ($10.00) for each hour of work performed or each hour of
tobacco or nicotine cessation program attended;
(ii) Five hundred dollars ($500.00) for a second
violation committed within a twenty-four (24) month period,
regardless of the locations where the violations occurred. The
court may allow the defendant to perform community service or
attend a tobacco or nicotine cessation program and be granted
credit against his fine and court costs at the rate of ten
dollars ($10.00) for each hour of work performed or each hour of
tobacco or nicotine cessation program attended;
(iii) Seven hundred fifty dollars ($750.00) for a
third or subsequent violation committed within a twenty-four
(24) month period, regardless of the locations where the
violations occurred. The court may allow the defendant to
perform community service and be granted credit against his fine
and court costs at the rate of five dollars ($5.00) for each
hour of work performed.
(c) No retailer shall sell, permit the sale, offer for
sale, give away or deliver nicotine products to any person under
the age of twenty-one (21) years.
(d) Any person violating subsection (c) of this section is
guilty of a misdemeanor punishable by a fine of not more than:
(i) Two hundred fifty dollars ($250.00) for a first
violation committed within a twenty-four (24) month period;
(ii) Five hundred dollars ($500.00) for a second
violation committed within a twenty-four (24) month period;
(iii) Seven hundred fifty dollars ($750.00) for a
third or subsequent violation committed within a twenty-four
(24) month period.
(e) In addition to the penalties under paragraph (d)(iii)
of this section, any person violating subsection (c) of this
section for a third or subsequent time within a two (2) year
period may be subject to an injunction. The department of
revenue or the district attorney of the county in which the
offense occurred, may petition the district court for an
injunction to prohibit the sale of nicotine products in the
establishment where the violation occurred. If the court finds
that the respondent in the action has violated the provisions of
subsection (c) of this section for a third or subsequent time
within a two (2) year period and may continue to violate such
provisions, it may grant an injunction prohibiting the
respondent from selling nicotine products in the establishment
where the violation occurred for a period of not more than one
hundred eighty (180) days. For the purposes of this subsection,
multiple violations occurring before the petition for the
injunction is filed shall be deemed part of the violation for
which the injunction is sought. If the person against whom the
injunction is sought operates multiple, geographically separate
establishments, the injunction shall apply only to the
establishment where the violation occurred. The injunction
shall prohibit all sales of nicotine products in the
establishment where the violation occurred, regardless of any
change in ownership or management of the establishment that is
not a bona fide, arms length transaction while the injunction is
in effect.
(f) It is an affirmative defense to a prosecution under
subsections (a) and (c) of this section that, in the case of a
sale, the person who sold the nicotine product was presented
with, and reasonably relied upon, an identification card which
identified the person buying or receiving the nicotine product
as being over twenty-one (21) years of age.
(g) Notwithstanding the provisions of subsection (d) of
this section, no fine for a violation of subsection (c) of this
section shall be imposed for a first offense in a twenty-four
(24) month period if the retailer can show it had:
(i) Adopted and enforced a written policy against
selling nicotine products to persons under the age of twenty-one
(21) years;
(ii) Informed its employees of the applicable laws
regarding the sale of nicotine products to persons under the age
of twenty-one (21) years;
(iii) Required employees to verify the age of
nicotine product customers by way of photographic identification
or by means of electronic transaction scan device; and
(iv) Established and imposed disciplinary sanctions
for noncompliance.