§ 14-3-310 — Prohibited sales or delivery of edible products and vaping products

(a) No person or retailer shall sell, permit the sale,
offer for sale, give away or deliver edible products or vaping
products to any person under the age of eighteen (18) years.
(b) Any person violating 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;
(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.
(c) In lieu of a fine under subsection (b) of this
section, the court may allow the defendant to perform community
service and be granted credit against his fine and court costs
at the rate of ten dollars ($10.00) for each hour of work
performed.
(d) In addition to the penalties under this section, any
person violating subsection (a) 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 edible products or vaping products in the establishment
where the violation occurred. If the court finds that the
respondent in the action has violated the provisions of
subsection (a) 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 edible products or vaping 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 edible products or
vaping 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.
(e) It is an affirmative defense to a prosecution under
subsection (a) this section that, in the case of a sale, the
person who sold the edible product or vaping product was
presented with, and reasonably relied upon, an identification
card which identified the person buying or receiving the edible
product or vaping product as being over eighteen (18) years of
age.
(f) The prohibitions in this section shall not be
construed to apply to the sale or dispensing of cannabidiol oil
that has not more than three-tenths percent (0.3%) of
tetrahydrocannabinol to a parent or guardian for use by the
parent's or guardian's child who is less than eighteen (18)
years of age.