HB 4041 Summary

• Prohibits sale or distribution of tobacco products and tobacco paraphernalia through United States mail, express mail, parcel post, or common carrier services unless recipients have previously paid or agreed to pay for products.

• Requires distributors of tobacco products and tobacco paraphernalia to verify recipients are 21 years of age or older (increased from 18), with recipients physically present to receive products and distribution not prohibited by local ordinance.

• Bans tobacco product and tobacco paraphernalia vending machines in public accommodations, with limited exceptions until June 30, 2019 for certain Class C licensed establishments and private facilities meeting specific location and supervision requirements.

• Establishes penalties: violations of mail restrictions are misdemeanors punishable by up to 1 year imprisonment or $10,000 fine; violations of distribution requirements are misdemeanors punishable by up to 90 days imprisonment, $500 fine, and/or 180 days community service; vending machine violations are misdemeanors punishable by up to 6 months imprisonment, $1,000 fine, and/or 45 days community service.

• Takes effect 180 days after enactment and is contingent on passage of Senate Bill (unspecified number) or House Bill 4039 in the 100th Legislature.