2025 Georgia Codes – Page 187

As used in this article, the term:
(1) “Alternative nicotine product” means any noncombustible product containing nicotine that is intended
for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means. Such term
shall not include any tobacco product, vapor product, or product regulated as a drug or device by the United
States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act.
(2) “Cigar wraps” means individual cigar wrappers, known as wraps, blunt wraps, or roll your own cigar
wraps, that consist in whole or in part of reconstituted tobacco leaf or flavored tobacco leaf.
(3) “Cigarette” means roll for smoking made wholly or in part of tobacco when the cover of the roll is paper
or any substance other than tobacco.
(4) “Community service” means a public service which an individual under the age of 21 years might appro-
priately be required to perform, as determined by the court, as punishment for certain offenses provided for
in this article.
(5) “Person” means any natural person or any firm, partnership, company, corporation, or other entity.
(6) “Proper identification” means any document issued by a governmental agency containing a description of
the individual, such individual’s photograph, or both, and giving such individual’s date of birth and includes,
without being limited to, a passport, military identification card, driver’s license, or an identification card
authorized under Code Sections 40-5-100 through 40-5-104. Proper identification shall not include a birth
certificate.
(7) “Tobacco product” means any cigars, little cigars, granulated, plug cut, crimp cut, ready rubbed, and other
smoking tobacco; snuff or snuff powder; cavendish; plug and twist tobacco; fine-cut and other chewing
tobaccos; shorts; refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of
tobacco, prepared in such a manner as to be suitable for chewing or smoking in a pipe or otherwise, or both
for chewing and smoking. Such term shall not include any alternative nicotine product, vapor product, or
product regulated as a drug or device by the United States Food and Drug Administration under Chapter V
of the Food, Drug, and Cosmetic Act.
(8) “Tobacco related objects” means any papers, wrappers, or other products, devices, or substances, includ-
ing cigar wraps, which are used for the purpose of making cigarettes or tobacco products in any form what-
soever.
(9) “Vapor product” means any noncombustible product containing nicotine that employs a heating element,
power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or
size, that can be used to produce vapor or aerosol from nicotine or other substances in a solution or other
form. Such term shall include, but shall not be limited to, any electronic cigarette, electronic cigar, electronic
cigarillo, electronic pipe, or similar product or device and any vapor or aerosol cartridge or other container
of nicotine or other substance in a solution or other form, including, but not limited to, a device component,
part, or accessory of the device, that is intended to be used with or in an electronic cigarette, electronic cigar,
electronic cigarillo, electronic pipe, or similar product or device. Such term shall not include any product
regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the
Food, Drug, and Cosmetic Act.

purchase tobacco by individual under age of 21; using vapor product in school safety
zone
(a)(1) It shall be unlawful for any person knowingly to:
(A) Sell or barter, directly or indirectly, any cigarettes, tobacco products, tobacco related objects, alternative
nicotine products, or vapor products to any individual under the age of 21 years;
(B) Purchase any cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or
vapor products for any individual under the age of 21 years; or
(C) Advise, counsel, or compel any individual under the age of 21 years to smoke, inhale, chew, or use
cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products.
(2)(A) The prohibition contained in paragraph (1) of this subsection shall not apply with respect to sale of
cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products by
a person when such person has been furnished with proper identification showing that the individual to
whom the cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor
products are sold is 21 years of age or older.
(B) In any case when a reasonable or prudent person could reasonably be in doubt as to whether or not the
individual to whom cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or
vapor products are to be sold or otherwise furnished is actually 21 years of age or older, it shall be the duty
of the person selling or otherwise furnishing such cigarettes, tobacco products, tobacco related objects,
alternative nicotine products, or vapor products to request to see and to be furnished with proper identifi-
cation as provided for in subsection (b) of this Code section in order to verify the age of such individual.
The failure to make such request and verification in any case when the individual to whom the cigarettes,
tobacco products, tobacco related objects, alternative nicotine products, or vapor products are sold or oth-
erwise furnished is less than 21 years of age may be considered by the trier of fact in determining whether
the person selling or otherwise furnishing such cigarettes, tobacco products, tobacco related objects, alter-
native nicotine products, or vapor products did so knowingly.
(3) Any person that violates this subsection shall be guilty of a misdemeanor.
(b)(1) It shall be unlawful for any individual under the age of 21 years to:
(A) Purchase, attempt to purchase, or possess for personal use any cigarettes, tobacco products, tobacco
related objects, alternative nicotine products, or vapor products; or
(B) Misrepresent his or her identity or age or use any false identification for the purpose of purchasing or
procuring any cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor
products.
(2) An individual under the age of 21 years who commits an offense provided for in paragraph (1) of this
subsection or paragraph (1) of subsection (c) of this Code section shall be punished as follows:
(A) By requiring the performance of community service not exceeding 20 hours that may be related to the
awareness of the health hazards of smoking and vaping or tobacco and vapor product use;
(B) By requiring attendance at a publicly or privately sponsored lecture or discussion on the health haz-
ards of smoking and vaping or tobacco and vapor product use, provided that such lecture or discussion is
offered without charge to the individual under the age of 21 years;
(C) When an individual under the age of 21 years fails to comply with such imposed community service,
or for a third or subsequent violation within the same calendar year as the first violation, by requiring the
Department of Driver Services to withhold issuance of or to suspend the driver’s license or driving privi-
lege of such individual for a period of 45 consecutive days; or
(D) By a combination of the punishments described in subparagraphs (A) through (C) of this paragraph.
(c)(1) It shall be unlawful for any individual to knowingly use a vapor product within a school safety zone.
As used in this subsection, the term “school safety zone” shall have the same meaning as provided in Code
Section 16-11-127.1.
(2) Any individual who is 21 years of age or older who commits the offense provided for in paragraph (1) of
this subsection shall be guilty of a misdemeanor; provided, however, that for a conviction of a first offense,
such individual shall be punished by a fine of $25.00 and for a conviction of a second offense, such individ-
ual shall be punished by a fine of $50.00. The provisions of Chapter 11 of Title 17 and any other provision
of law to the contrary notwithstanding, the costs of any prosecution for such first or second offense shall not
be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against an
individual for conviction thereof.
(3) Any vapor product used in violation of paragraph (1) of this subsection is declared to be contraband, and
no person shall have a property right in it. In addition to persons authorized to seize property pursuant to
Code Section 9-16-6, property which is subject to forfeiture under this subsection may be seized by any
special agent or enforcement officer of the state revenue commissioner. Any property which is subject to
forfeiture under this subsection shall be forfeited in accordance with the procedures set forth in Chapter 16
of Title 9.