Join the Fighting for Our Lives Menthol Free Communities Committee

2nd Monday from 12pm-1pm

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Register in advance for this meeting:
https://us02web.zoom.us/meeting/register/tZMlc-muqzgtGdMMXYLCthg11VWt5qeN367P 

After registering, you will receive a confirmation email containing information about joining the meeting.

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Subcommittee Breakout 

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1. Education/Communication Subcommittee 

Responsible for planning, implementing, and evaluating the education campaign to  targeted communities with the goal of developing community support for the  menthol/flavor ban ordinance (goal). The objective is to develop a written plan for  educating the community with a timeline.  

The strategy(s) are: 

➢ Earned media 

➢ Paid media 

➢ Social media 

➢ Messaging 

➢ Spokespersons 

➢ Other 

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2. Data Subcommittee  

Responsible for identifying existing or creating data sources to determine the impact of  tobacco and menthol/flavor use on the African American and overall community.  Emphasis will be placed on noting existing disparities and making comparisons between  White and Black/poor communities, national, state and local comparisons. Data will be  used to develop fact sheets, one pager, speaking points for media and community  education. The objective is to develop a written data report for educating the community.  

The strategy(s) are: 

➢ Review national, state and local data sources 

➢ Develop data report 

➢ Identify key data points for education campaign 

➢ Local 

➢ Other 

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3. Policy/Legislative Subcommittee  

Responsible for providing leadership pertaining to negotiating with city council/county  commissioners around advocating for the adoption of model language. Emphasis will be  placed on health equity, retail licensing, all flavors and products, and enforcement/post  adoption activities. 

The strategy(s) are: 

 

➢ Create/adapt/review model policy/ordinance language 

➢ Identify legislative champion(s) 

➢ Train/prepare legislative champion(s) for advocacy 

➢ Contribute to the development of speaking points 

➢ Manages dealbreakers 

➢ Contribute to the direction of the Community Mobilization Subcommittee ➢ Other 

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4. Community Mobilization Subcommittee  

Responsible for providing leadership pertaining to identifying key members of the  community and or groups of community members impacted by the menthol/flavors to  support and have their voices heard on removing the products from the community.  Emphasis will be placed on collaborating with the Education/Communications  Subcommittee towards educating these populations, inviting them to speak to elected  officials and key decision-makers, serving as spokespersons for the education campaign,  translating materials into non-English languages, leading town hall discussions, and  presenting at public forums, hearings, etc.  

The strategy(s) are: 

➢ Create a community mobilization plan 

➢ Identify key community leaders 

➢ Meet with key community leaders 

➢ Asset map resources needed for successful community mobilization ➢ Develop events to recruit and educate community members 

➢ Canvass communities and identify opportunities for information dissemination ➢ Other

 

5. Cessation Subcommittee  

Responsible for identifying existing cessation resources. Providing trainings on evidence based strategies for tobacco cessation with healthcare providers, contributing to the  education campaign promotion of cessation resources, recruiting healthcare providers to  join the coalition.  

The strategy(s) are: 

➢ Create a cessation resource list  

➢ Identify healthcare providers to join coalition 

➢ Identify healthcare providers as potential spokespersons 

➢ Other

 

 

 

NORTHEAST OHIO BLACK HEALTH COALITION MENTHOL FREE COMMUNITIES IN THE NEWS

 

https://www.ideastream.org/news/northeast-ohio-black-health-coalition-works-to-ban-menthol-cigarettes?fbclid=IwAR2WFqAljwJ9Cy2oOP1UMsSNMgPqIIQVo8lByyO92wcCJVsa-I_RloGhMg8

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https://www.news5cleveland.com/news/local-news/oh-cuyahoga/billboard-campaign-takes-aim-at-tobacco-campaigns-targeting-black-and-brown-communities?fbclid=IwAR2qQHLqphYC2F-ojkOJEOEh3ev_okAqDGm6dYIzT6hAqnY0rLA6x_WDiYU

 

https://therealdealpress.com/2.0/index.php/health/354-fighting-for-our-lives-menthol-free-communities

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https://centerforblackhealth.org/northeast-ohio-black-health-coalition-works-to-ban-menthol-cigarettes/

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https://www.communitysolutions.com/menthol-movement-tobacco-became-racial-justice-issue

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Fighting for Our Lives - Menthol Free Communities

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TOBACCO 21 AND TOBACCO RETAILER LICENSING ORDINANCE
FOR THE CITY OF CLEVELAND
Preventing Tobacco Addiction Foundation (PTAF) recommends adopting a new civil Chapter in Cleveland Codified Ordinances Part Two: Health Code, Title I: Nuisances and General Provisions, Chapter 241- Tobacco Product Sales, and amending existing Section 607.15 of the Codified Ordinances of Cleveland, Ohio.

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Preventing Tobacco Addiction Foundation (PTAF) recommends adopting a new civil Chapter in Cleveland Codified Ordinances Part Two: Health Code, Title I: Nuisances and General Provisions, Chapter 241- Tobacco Product Sales, and amending existing Section 607.15 of the Codified Ordinances of Cleveland, Ohio.
 

 

DRAFT TOBACCO 21 AND TOBACCO RETAILER LICENSING ORDINANCE

FOR THE CITY OF CLEVELAND

 

WHEREAS CLAUSES:

 

WHEREAS ninety-five percent (95%) of all adult smokers began smoking before age twenty-one (21); 

 

WHEREAS, an earlier age of initiation is associated with greater levels of nicotine dependence and greater intensity and persistence of smoking beyond adolescence and through adulthood; 

 

WHEREAS, the parts of the brain most responsible for decision making, impulse control, sensation seeking, and susceptibility to peer pressure continue to develop and change through young adulthood, and adolescent brains are uniquely vulnerable to the effects of nicotine and nicotine addiction; 

 

WHEREAS, raising the legal sales age to 21 puts legal purchasers outside the social circle of most high school students.  Tobacco 21 laws make it more difficult for 16- and 17- year-olds to pass as legal purchasers and then serve as social suppliers to their friends;

 

WHEREAS, data from the 2020 National Youth Tobacco Survey (NYTS) shows that among high school students, current e-cigarette use was 19.6% in 2020; of these students, 22.5% used e-cigarettes on a daily basis.  Additionally, more than 80% of current youth e-cigarette users reported using flavored products; 

 

WHEREAS, the Institute of Medicine predicted raising the minimum legal sales age for tobacco products to 21 will provide long-term declines in smoking rates by reducing tobacco initiation among adolescents aged 15 to 17 by twenty five percent (25%) and reduce overall prevalence of tobacco use by twelve percent (12%); 

 

WHEREAS, a local licensing system for tobacco retailers is necessary to protect the public health, safety, and welfare of our residents. A licensing system allows for local control to regulate businesses to discourage violations of tobacco-related laws. Licensing laws, when actively enforced, have been effective in reducing the number of illegal tobacco sales to underage persons; 

 

WHEREAS, at least 545 cities and counties across the country and 30 states, including Ohio, have raised the minimum legal sale age of tobacco to 21.

 

Chapter 241-  Tobacco Product Sales

 

241.01- DEFINITIONS

 

For the purpose of this Chapter, the following definitions shall apply:

 

“Authorized Agent” means an entity with which the Department has contracted to administer enforcement, community outreach and education, and/or other provisions contained in this Chapter.

 

“City” means the city of Cleveland, Ohio.

 

“Department” means the Cleveland Department of Public Health or its Authorized Agent.

 

“Distribute” or “sale” or “sell” means selling, giving, bartering, exchanging, providing, delivering, furnishing, or otherwise distributing Tobacco Products. Sale or sell also includes attempts to sell, offers to sell, barter, or exchange, whether gratuitously or for any type of compensation. 

 

“Electronic Smoking Device” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen or e-hookah. Electronic Smoking Device includes any component, part, or accessory of such a device, whether or not sold separately, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine. “Electronic Smoking Device” does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.

 

“Flavored Tobacco Product” means any Tobacco Product that imparts a taste or smell, other than the taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior to, or during the consumption of, a Tobacco Product, including, but not limited to, any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, or any candy, dessert, alcoholic beverage, herb, or spice.

 

“Self-service Display” means the open display or storage of Tobacco Products in a manner that is physically accessible in any way to the general public without the assistance of the Tobacco Retailer or its agent, employee, or representative and a direct person-to-person transfer between the purchaser and the Tobacco Retailer or its agent, employee, or representative. 

 

“Tobacco Product” means: (1) any product containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus; (2) any Electronic Smoking Device as defined in this section and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or (3) any component, part, or accessory of (1) or (2), whether or not any of these contains tobacco or nicotine, including, but not limited to, filters, rolling papers, blunt or hemp wraps, and pipes. “Tobacco Product” does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.

 

“Tobacco Retailer” means any individual, firm, partnership, joint venture, association, joint stock company, corporation, unincorporated business entity, or any other group  acting as a unit that owns a business where Tobacco Products are available for sale to the general public. “Tobacco Retailer” does not mean the employees or agents of an owner of a business where Tobacco Products are available for sale to the general public. 

 

241.02-LICENSE REQUIRED

 

1. Each Tobacco Retailer engaging in the sale of Tobacco Products shall secure a tobacco retail sales license from the Department or its Authorized Agent for each location where it sells Tobacco Products in the City before engaging or continuing to engage in such business. No Tobacco Retailer may sell Tobacco Products without a valid tobacco retail sales license.  An application for a tobacco retail sales license shall contain the full name of the applicant, the applicant’s business and personal address and telephone number, the name of the business for which the tobacco retail sales license is sought, a copy of the applicant’s valid vendor’s license from the Ohio Department of Taxation, if applicable, and any additional information the City or the Department deems necessary.  

 

1. No Tobacco Retailer shall engage in the sale of Tobacco Products without a tobacco retail sales license after XX/XX/XX [180 days after policy adoption date]. 

 

1. A tobacco retail sales license shall be renewed annually and shall remain valid for a period beginning with the date of issuance of the tobacco retail sales license and ending on the last day of December following the date of the issuance of the tobacco retail sales license unless sooner revoked as allowed by this Chapter, or unless the Tobacco Retailer to whom it was issued discontinues business, in either of which cases the holder of the tobacco retail sales license shall immediately return it to the Department.  A tobacco retail sales license shall not be transferred from one Tobacco Retailer to another or from one location to another. 

 

1. The Tobacco Retailer shall display the tobacco retail sales license at all times and shall provide it to any person upon request.  In the event of mutilation or destruction of the tobacco retail sales license, a duplicate copy, marked as such, shall be issued by the Department upon application accompanied by a fee set by the Department.   

 

1. No tobacco retail sales license shall be issued or renewed to a Tobacco Retailer unless the Tobacco Retailer signs a form stating that the Tobacco Retailer has read this Chapter and has provided training to all employees regarding the sale of Tobacco Products. Such training shall inform employees that the sale of Tobacco Products to persons under 21 years of age is illegal, identify the types of identification legally acceptable for proof of age, and explain that sales to persons under 21 years of age shall subject the Tobacco Retailer to penalties.

 

1. No tobacco retail sales license shall be issued to a person under 21 years of age. 

 

241.03- TOBACCO RETAIL SALES LICENSE FEE

 

1. The fee for a tobacco retail sales license shall be used to cover the administrative cost for licensing, community outreach, education and training, retail inspections, and unannounced compliance checks.  The tobacco retail sales license fee should not exceed the cost of the license administration, community outreach, education and training, and enforcement program authorized by this Chapter.  

 

1. The fee for a tobacco retail sales license shall be initially set, and subsequently reviewed and adjusted annually, by the Department. 

 

1. Licensing fees are due at the time of application and are not refundable.  A tobacco retail sales license cannot be renewed if the Tobacco Retailer has outstanding fines pursuant to this article.  

 

1. All fees and fines collected from licensing and infractions of this Chapter are to be deposited into a “Tobacco Enforcement and Education Fund" administered by the Department to cover the administrative costs for licensing, community outreach, education and training, retail inspections, and unannounced compliance checks. 

 

241.04- RESTRICTIONS ON THE SALE  OF TOBACCO PRODUCTS

 

1. Age Restriction. No Tobacco Retailer or its agent, employee, or representative shall sell or otherwise distribute any Tobacco Product to any person under twenty-one (21) years of age.

 

1. Age Verification. Tobacco Retailers or their agents, employees, or representatives shall verify by means of government-issued photographic identification that the purchaser is at least twenty-one years of age.  Verification is not required for a person over the age of 30.  That the purchaser appeared to be 30 years of age or older shall not constitute a defense to a violation of this section.

 

1. Signage. “THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER 21 IS PROHIBITED” signs shall be legibly printed in letters at least one inch high and shall be posted clearly and conspicuously in every location where Tobacco Products are sold.  

 

1. Selling Tobacco Products in any place that does not have a sign consistent with this section is prohibited by law and punishable under this Chapter. 

 

1. Flavored Tobacco Product Sales Prohibition. It shall be unlawful for a Tobacco Retailer or its agent, employee, or representative to sell or offer for sale any Flavored Tobacco Product. 

 

There shall be a rebuttable presumption that a Tobacco Product is a Flavored Tobacco Product if a Tobacco Retailer, manufacturer, or any employee or agent of a Tobacco Retailer or manufacturer: 

1. makes a public statement or claim that a Tobacco Product imparts a taste or smell other than the taste or smell of tobacco; or 

2. uses text, images, or coloring on the Tobacco Product’s labeling or packaging to explicitly or implicitly indicate that the Tobacco Product imparts a taste or smell other than the taste or smell of tobacco. 

 

241.05- SELF-SERVICE DISPLAY RESTRICTIONS

 

1. No Tobacco Retailer or its agent, employee, or representative shall sell or otherwise distribute Tobacco Products by or from a Self-service Display except in places where persons under the age of twenty-one (21) are not permitted access.

 

1. Non-compliance with this section will result in license suspension until the Tobacco Products have been placed behind a counter or locked doors.

 

241.06- ENFORCEMENT

 

1. This Chapter shall be enforced by the Department or its Authorized Agent.  

 

1. The Department or its Authorized Agent may, while a Tobacco Retailer is  otherwise undergoing  inspection, inspect for compliance with this Chapter.

 

1. All Tobacco Retailers must be open to inspection by the Department or its Authorized Agent during regular business hours.

 

1. All Tobacco Retailers will be subject to at least two (2) unannounced compliance checks annually. The Department shall conduct compliance checks by engaging persons between the ages of 18 and 20 to enter the premises of Tobacco Retailers to attempt to purchase Tobacco Products. Unannounced follow-up compliance check(s) of all non-compliant Tobacco Retailers are required within three (3) months of any violation of this Chapter. 

 

1. The results of all compliance checks and inspections may be published by the Department or its Authorized Agent at least annually and made available to the public upon request.

 

1. Any person who desires to register a complaint pursuant to this Chapter may do so by contacting the Department and the Department shall investigate.

 

241.07-Violations and Penalties

 

1. If the Department or its Authorized Agent observes violation(s) of this Chapter or Section 607.15, the following civil fines and penalties shall be imposed on the Tobacco Retailer:

 

1. For a first violation, a fine of no less than $500. 

2. For a second violation within a thirty-six (36) month period, a fine of no less than $750 and the tobacco retail sales license of a Tobacco Retailer shall be suspended for a minimum of seven (7) days.

3. For a third violation within a thirty-six (36) month period, a fine of no less than $1,000 and the tobacco retail sales license of a Tobacco Retailer shall be suspended for a minimum of thirty (30) days. 

4. For a fourth and any subsequent violations within a thirty-six (36) month period, a fine of no less than $1,000 and the tobacco retail sales license of a Tobacco Retailer shall be revoked.  

 

1. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. The determination that a violation has occurred shall be in writing and mailed to the Tobacco Retailer by the Department no later than thirty (30) days from the date of the violation. The written notice shall specify the Chapter and section with which the Tobacco Retailer is in violation.  Tobacco Retailers have the right to appeal civil penalties in accordance with City code. [Include location specific appeals process (i.e. time for hearing; appointment of hearing officer; how decision is communicated; entity responsible for costs of hearing)]

 

1. A tobacco retail sales license issued under this Chapter may also be denied, suspended, or revoked by the Department through written notice should the Tobacco Retailer or Tobacco Retailer’s agent, employee, or representative directly or indirectly:

 

1. Sell Tobacco Products without a valid tobacco retail sales license;

2. Fail to pay fines issued in accordance with this Chapter;

3. Have a tobacco retail sales license revoked within the preceding 12 months of the date of application for a tobacco retail sales license;

4. Fail to provide required information  or provide false or misleading information on the application for a tobacco retail sales license; or

5. Violate any federal, state, or local tobacco  laws

 

1. All Tobacco Products shall be removed from the premises upon suspension or revocation of a tobacco retail sales license.  Failure to remove all tobacco products shall constitute a separate violation punishable by a fine to be set by the Department for each and every day of noncompliance.

 

1. A Tobacco Retailer that engages in the sale of Tobacco Products without a valid tobacco retail sales license issued pursuant to this Chapter shall be guilty of distribution of Tobacco Products without a tobacco retail sales license, a misdemeanor of the first degree.  If the offender previously has been convicted of a violation of this section, then the Tobacco Retailer shall be denied a tobacco retail sales license for a period of 5 years. 

 

1. A violation of section 241.04 is hereby declared to be a nuisance which affects and endangers the public health.  The Commissioner of Environmental Health, the Department, or any Authorized Agent who determines a violation has occurred may impose the penalties set forth in Chapter 203.  Enforcement of this section is in addition to any other method of enforcement provided under the ordinances of the City.

 

241.08-Public Education

 

The Department or its Authorized Agent shall engage in a continuing public health education program to explain and clarify the purposes and requirements of this Chapter to Tobacco Retailers and the public.  The program may include publication of a brochure in writing and online for Tobacco Retailers to explain the requirements of this Chapter. 

 

241.09- Rulemaking Authority

 

The Department is hereby authorized to promulgate rules and regulations to carry out the purpose and intent of this article in order to protect the public health, safety and welfare.

 

241.10- Liberal Construction

 

This Chapter shall be liberally construed so as to further its purposes.  

 

241.11- Severability

 

The provisions of this Chapter are hereby declared severable, and if any provision, clause, sentence, or paragraph of this Chapter or the application thereof to any person or circumstances are held by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such a ruling shall not affect the other parts of this Chapter that can be given effect. 

 

241.12- Effective Date

 

This ordinance shall take effect upon adoption, and the City, the Department, or its Authorized Agent shall implement the licensing, enforcement, and public education requirements within one hundred and eighty (180) days from the date of its adoption.

 

Cleveland, OH Code of Ordinances

CHAPTER 607 – DRUG ABUSE CONTROL

. . .

607.15   Illegal Distribution of Cigarettes, Other Tobacco Products or Alternative Nicotine Products

. . . 

Cross-reference:
   Adulterating food with drug of abuse, CO 629.03
   Taking drug of abuse into hospital, CO 617.10
   Using weapons while under the influence, CO 627.04

Statutory reference:
   See sectional histories for similar State law
   Analysis report and notarized statement as evidence, RC 2925.51
   Criteria for granting probation, RC 3719.70
   Federal prosecution bar to local prosecution, RC 2925.50, 3719.19

§ 607.15  Illegal Distribution of Cigarettes or Tobacco Products 

   (a)   As used in this section:

      (1)   A.   "Alternative nicotine product" means, subject to division (a)(1)B. of this section, an electronic cigarette or any other product or device that consists of or contains nicotine that can be ingested into the body by any means, including, but not limited to, chewing, smoking, absorbing, dissolving, or inhaling.

         B.   "Alternative nicotine product" does not include any of the following:

            (i)   Any cigarette or other tobacco product;

            (ii)   Any product that is a "drug" as that term is defined in 21 U.S.C. 321(g)(1);

            (iii)   Any product that is a "device" as that term is defined in 21 U.S.C. 321(h).

            (iv)   Any product that is a "combination product" as described in 21 U.S.C. 353(g).

      (2)   "Child" has the same meaning as in RC 2151.011.

      (3)   "Cigarette" includes clove cigarettes and hand-rolled cigarettes.

      (4)   "Distribute" means to furnish, give, sell or provide, or attempt to do so, whether gratuitously or for any type of compensation, cigarettes or tobacco products to the ultimate consumer of the cigarettes or tobacco products.

      (5)   A.   "Electronic cigarette" means, subject to division (a)(5)B. of this section, any electronic product or device that produces a vapor that delivers nicotine or any other substance to the person inhaling from the device to simulate smoking and that is likely to be offered to or purchased by consumers as an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe.

         B.   Electronic cigarette" does not include any item, product, or device described in division (a)(1)B. of this section.

      (6)   "Tobacco product" means any product that is made from tobacco, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, or snuff.

      (7)   "Vending machine" has the same meaning as "coin machine" in RC 2913.01.

      (8)   "Young adult" means a person who is eighteen (18) years of age or older, but under twenty-one (21) years of age.

 

   (b)   No manufacturer, producer, distributor, wholesaler or retailer of cigarettes, or tobacco products, and no agent, employee or representative of a manufacturer, producer, distributor, wholesaler or retailer of cigarettes or tobacco products, and no other person shall do any of the following:

      (1)   Give, sell or otherwise distribute cigarettes,  or tobacco products to any person under the age of twenty-one (21);

           (2)   Distribute cigarettes or tobacco products to any individual who does not demonstrate, through a driver's license or other photographic identification card issued by a government entity or educational institution that the individual is at least twenty-one (21) years of age, unless the individual reasonably appears to be at least thirty (30) years of age, provided however, that such appearance shall not constitute a defense in any proceeding alleging the sale of cigarettes or tobacco products to an individual under twenty-one (21) years of age;

      (3)   Give away, sell or distribute cigarettes, or tobacco products  in any business that does not have posted in a conspicuous place a sign, in accordance with rules of the Department of Public Health, stating that giving, selling or otherwise distributing cigarettes, or tobacco products, to a person under twenty-one (21) years of age is prohibited by law;

      (4)   Knowingly furnish any false information regarding the name, age, or other identification of any child or young adult with purpose to obtain cigarettes, or tobacco products,  for that person under the age of twenty-one (21);

      (5)   Manufacture, sell, or distribute in this City any pack or other container of cigarettes or tobacco product containing fewer than twenty (20) cigarettes or any package of roll-your-own tobacco containing less than six-tenths (0.6) of one (1) ounce of tobacco;

      (6)   Distribute cigarettes, or tobacco products in a smaller quantity than that placed in the pack or other container by the manufacturer;

      (7)   Distribute other tobacco products in a smaller quantity than was intended for retail when the product was packaged by the manufacturer.

 

   (c)   No person shall sell or offer to sell cigarettes, or tobacco products, by or from a vending machine except in the following locations:

      (1)   An area:

         

         A.   To which persons under the age of twenty-one (21) years are not permitted access;

      (2)   In any other place not identified in division (c)(1) of this section, upon all of the following conditions:

         A.   The vending machine is located within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of such person, so that all cigarettes or tobacco products  sold from the vending machine will be readily observed by the person who owns or operates the place or an employee of such person. For the purpose of this section, a vending machine located in any unmonitored area, including an unmonitored coatroom, restroom, hallway, or outer waiting area, shall not be considered located within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of such person.

         B.   The vending machine is inaccessible to the public when the place is closed.

    (d)    The following are affirmative defenses to a charge under division (b)(1) of this section:

      (1)   The parent, guardian, or legal custodian of a person under the age of 18 has consented in writing to a person under the age of 18 participating in the research protocol, or the young adult person over the age of 18, but under the age of 21 has consented in writing, on his or her own behalf, to participate in the research protocol.

 

   (e)      It is not a violation of division (b)(1) or (2) of this section for a person to give or otherwise distribute to a person under the age of 21 cigarettes or tobacco products while the  person under the age of 21  is participating in a research protocol if all of the following apply:

      (1)   The parent, guardian, or legal custodian of the child a person under the age of 18 has consented in writing to a person under the age of 18 participating in the research protocol, or the young adult person over the age of 18, but under the age of 21 has consented in writing, on his or her own behalf, to participate in the research protocol.

      (2)   An institutional human subjects protection review board, or equivalent entity, has approved the research protocol.

1. A person under the age of 18 or person over the age of 18, but under the age of 21is participating in the research protocol at the facility or location specified in the research protocol.

 

   (g)   (1)   Whoever violates division (b)(1), (3), (5), (6) or (7) or divisions (c) is guilty of illegal distribution of cigarettes or tobacco products. Except as otherwise provided in this division, illegal distribution of cigarettes or tobacco products is a misdemeanor of the fourth degree. If the offender has previously been convicted of a violation of division (b)(1), (3), (5), (6), or  (7), or divisions (c) of this section or divisions (B)(1), (2), (4), or (5) or (C) of RC 2927.02, then illegal distribution of cigarettes or tobacco products is a misdemeanor of the third degree.

      (2)   Whoever violates division (b)(4)of this section is guilty of permitting children or young adults to use cigarettes or tobacco products. Except as otherwise provided in this division, permitting children or young adults to use cigarettes or tobacco products is a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of division (4) of this section or division (B)(3) of RC 2927.02, permitting children or young adults to use cigarettes or tobacco products is a misdemeanor of the third degree.

   (h)   Any cigarettes tobacco products, , or papers used to roll cigarettes that are given or sold to a child or young adult in violation of this section, or distributed to a child in violation of this section and that are used, possessed, purchased, or received by a child in violation of RC 2151.87 are subject to seizure and forfeiture as contraband under RC Chapter 2981.

 

(Ord. No. 737-15. Passed 12-7-15, eff. 4-13-16)

Statutory reference:
   Similar state law, see RC 2927.02

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REPORTS

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