[§328G-13]  Tinctures; persons under twenty-one years of age.  [See Note at beginning of chapter.]  (a)  It shall be unlawful to sell or furnish a tincture to a person under twenty-one years of age.

     (b)  All persons engaged in the retail sale of tinctures shall check the identification of tincture purchasers to establish the age of the purchaser if the purchaser reasonably appears to be under twenty-seven years of age.

     (c)  It shall be an affirmative defense that the manufactured hemp product retailer that sells a tincture to a person under twenty-one years of age in violation of this section had requested, examined, and reasonably relied upon a photographic identification from the person establishing that person's age as at least twenty-one years of age before selling the person a tincture.  The failure of a manufactured hemp product retailer to request and examine photographic identification from a person under twenty-one years of age before the sale of a tincture to the person shall be construed against the manufactured hemp product retailer and form a conclusive basis for the manufactured hemp product retailer's violation of this section.

     (d)  It shall be unlawful for a person under twenty-one years of age to purchase or possess any tincture.  This provision shall not apply if a person under the age of twenty-one, with parental authorization, is participating in a controlled purchase as part of a law enforcement activity or a study authorized by the department under the supervision of law enforcement to determine the level of incidence of tincture sales to persons under twenty-one years of age.

     (e)  Any person who violates subsection (a) shall be fined $500 for the first offense.  Any subsequent offenses shall subject the person to a fine no less than $500 and no more than $2,000.  Any person under twenty-one years of age who violates subsection (d) shall be fined $10 for the first offense.  Any subsequent offense shall subject the violator to a fine of $50, no part of which shall be suspended, or the person shall be required to perform no less than forty-eight hours and no more than seventy-two hours of community service during hours when the person is not employed and is not attending school.  Any tincture in the person's possession at the time of violation of subsection (d) shall be seized, summarily forfeited to the State, and destroyed by law enforcement following the conclusion of an administrative or judicial proceeding finding that a violation of subsection (d) has been committed.  The procedures set forth in chapter 712A shall not apply to this subsection. [L 2025, c 269, pt of §1]