Amendment ID: S2234-4-R1

Redraft Amendment 4

Minor in possession of tobacco

Ms. Flanagan and Mr. Moore move to amend the bill in section 6, by inserting after proposed section 6A of chapter 270 of the General Laws the following section:-

“Section 6B. (a) No person under 21 years of age shall knowingly purchase, possess, transport or carry on the person a tobacco product as defined in section 6 or tobacco rolling papers; provided, however, this section shall not apply to a person who knowingly possesses, transports or carries a tobacco product or tobacco rolling papers in the course of the person’s employment.

(b) A law enforcement officer shall provide notice of a violation, by telephone or by first-class mail, to a parent or guardian of a person 17 years of age or under who violates this section within a reasonable time period after the violation occurs if the contact information of a parent or guardian is reasonably ascertainable by the officer. No record of such notification shall be logged in any report or file or kept in a person’s record by a law enforcement officer and no violation under this section shall be used in the furtherance of an ongoing or future criminal investigation.

(c) A person who violates this section shall forfeit the tobacco product or tobacco rolling papers in that person’s possession upon the request of a law enforcement officer.”