Utah statute

Utah Code Ann. § 76-9-1112 — Illegal provision of smokeless tobacco or electronic cigarette product - Exceptions.

Current through 2026 General Session

Part of Part 11: Cigarettes, Tobacco, and Psychotoxic Chemical Solvents, Utah Code.

Criminal charges under this statute

Illegal provision of smokeless tobacco or electronic cigarette product

Full text of Utah Code Ann. § 76-9-1112

Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.

Utah Code Ann. § 76-9-1112Primary source, current through the 2026 General Session

(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 provision of smokeless tobacco or electronic cigarette product if the actor: (2)(a) is a manufacturer, wholesaler, and retailer ; and (2)(b)(i) gives or distributes without charge smokeless tobacco, chewing tobacco, or an electronic cigarette product in this state; (2)(b)(ii) sells, offers for sale, or furnishes an electronic cigarette product at less than the cost, including the amount of any applicable tax, of the product to the manufacturer, wholesaler, or retailer; or (2)(b)(iii) gives, distributes, sells, offers for sale, or furnishes an electronic cigarette product for free or at a lower price because the recipient of the electronic cigarette product makes another purchase. (3) A violation of Subsection (2) is: (3)(a) a class C misdemeanor on the first offense; or (3)(b) a class B misdemeanor on a subsequent offense. (4)(a) The price that a manufacturer, wholesaler, or retailer may charge under Subsection (2)(b)(ii) does not include a discount for: (4)(a)(i) a physical manufacturer coupon: (4)(a)(i)(A) that is surrendered to the wholesaler or retailer at the time of sale; and (4)(a)(i)(B) for which the manufacturer will reimburse the wholesaler or the retailer for the full amount of the discount described in the manufacturer coupon and provided to the purchaser; (4)(a)(ii) a rebate that will be paid to the manufacturer, the wholesaler, or the retailer for the full amount of the rebate provided to the purchaser; or (4)(a)(iii) a promotional fund that will be paid to the manufacturer, the wholesaler, or the retailer for the full amount of the promotional fund provided to the purchaser. (4)(b) Smokeless tobacco, chewing tobacco, or an electronic cigarette product may be distributed to adults without charge at professional conventions where the general public is excluded. (5) The Legislature finds that: (5)(a) smokeless tobacco, or chewing tobacco, is harmful to the health of individuals who use those products because research indicates that they may cause mouth or oral cancers; (5)(b) the use of smokeless tobacco among juveniles in this state is increasing rapidly; (5)(c) the use of electronic cigarette products may lead to unhealthy behavior such as the use of tobacco products; and (5)(d) it is necessary to restrict the gift of the products described in this section in the interest of the health of the citizens of this state.

Official sources

Legal terms used in this section

Questions this section answers

Is illegal provision of smokeless tobacco or electronic cigarette product a felony or a misdemeanor in Utah?

It depends on the circumstances: illegal provision of smokeless tobacco or electronic cigarette product ranges from a Class C Misdemeanor to a Class B Misdemeanor in Utah under Utah Code Ann. § 76-9-1112.

Illegal provision of smokeless tobacco or electronic cigarette product — first offense: Class C Misdemeanor (Utah Code Ann. § 76-9-1112(3)(a)) · Illegal provision of smokeless tobacco or electronic cigarette product — subsequent offense: Class B Misdemeanor (Utah Code Ann. § 76-9-1112(3)(b))

Which Utah statute covers illegal provision of smokeless tobacco or electronic cigarette product?

Illegal provision of smokeless tobacco or electronic cigarette product is governed by Utah Code Ann. § 76-9-1112 (Illegal provision of smokeless tobacco or electronic cigarette product - Exceptions).

This reference is informational and is not legal advice.