00                            HOUSE BILL NO. 224                                                                          
01 "An Act relating to the prohibition of selling or giving tobacco or a product containing                                
02 nicotine to a minor unless prescribed by a licensed physician."                                                         
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 11.76.100(a) is amended to read:                                                                   
05            (a)  A person commits the offense of selling or giving tobacco or a product                              
06       containing nicotine to a minor if the person                                                                  
07                 (1)  negligently sells a cigarette, a cigar, tobacco, or a product                                      
08       containing tobacco or a product containing nicotine to a person under 19 years of                             
09       age;                                                                                                              
10                 (2)  is 19 years of age or older and negligently exchanges or gives a                                   
11       cigarette, a cigar, tobacco, or a product containing tobacco or a product containing                          
12       nicotine to a person under 19 years of age;                                                                   
13                 (3)  maintains a vending machine that dispenses cigarettes, cigars,                                     
14       tobacco, or products containing tobacco; or                                                                       

01                 (4)  holds a business license endorsement under AS 43.70.075 and                                        
02       allows a person under 19 years of age to sell a cigarette, a cigar, tobacco, or a product                         
03       containing tobacco.                                                                                               
04    * Sec. 2. AS 11.76.100(e) is amended to read:                                                                      
05            (e)  The provisions of (a) of this section do not apply to a person who sells or                             
06       gives tobacco or a product containing nicotine to a minor, if the minor is a prisoner                         
07       at an adult correctional facility.                                                                                
08    * Sec. 3. AS 11.76.100 is amended by adding a new subsection to read:                                              
09            (g)  The provisions of (a) of this section do not apply to the sale, exchange, or                            
10       gift to a person under 19 years of age of a product containing nicotine that is intended                          
11       or expected to be consumed without being combusted if the product                                                 
12                 (1)  has been approved by the United States Food and Drug                                               
13       Administration for sale as a tobacco use cessation or harm reduction product or for                               
14       other medical purposes;                                                                                           
15                 (2)  is being marketed and sold solely for the approved purposes; and                                   
16                 (3)  is prescribed by a licensed physician, or given to a person under 19                               
17       years of age by the person's parent or legal guardian.