(a) It shall be a violation of this Chapter for any person to sell or distribute tobacco products or electronic cigarettes to any person under twenty-one (21) years of age.

(1) It shall not be a violation of this Chapter for any person to refuse to sell or distribute tobacco products or electronic cigarettes to any person whom the seller or the distributor reasonably believes to be under twenty-seven (27) years of age, and who is unable to produce acceptable photographic identification and proof that he or she is over the age of twenty-one (21) years.

(2) The sale or distribution of electronic cigarettes to any person under twenty-one (21) years of age, or its possession by such person, is prohibited and shall be regulated and enforced pursuant to this Chapter.

(3) Any provision of this Chapter applicable to the regulation and prohibition of the sale or distribution of tobacco products to any person under twenty-one (21) years of age, or possession by such person, shall be applicable to electronic cigarettes, and any other component of an electronic cigarette, and shall be regulated and enforced in the same manner as tobacco products, to include the applicability of all penalties and fines.

(b) Vending machines selling tobacco products or electronic cigarettes shall be located so that they are accessible only to persons over the age of twenty-one (21) years, or are under the constant, direct supervision and unobstructed line of sight of the person authorizing the installation or placement of the tobacco or electronic cigarette vending machine upon the premises he or she manages or otherwise controls, or his or her agent or employee.

(1) Said supervising person, who must be at least twenty-one (21) years of age, shall ensure that persons under twenty-one (21) years of age do not purchase tobacco products or electronic cigarettes from vending machines.

(2) A person who authorizes the installation or placement of the tobacco or electronic cigarette vending machine upon premises he or she manages, or otherwise controls, and who knows or should know that the tobacco or electronic cigarette vending machine will likely be used by persons under twenty-one (21) years of age, shall be liable if such persons purchase tobacco products or electronic cigarettes from said machines.

(c) A licensee or an employer may distribute tobacco products or electronic cigarettes to any employee who handles tobacco products or electronic cigarettes in the course of the commercial distribution or sale of the products.

(d) In any proceeding for the suspension or revocation ofany license, and based upon a violation of this Section, proof that the defendant licensee or his or her agent or employee demanded and was shown an identification card before furnishing any tobacco product or electronic cigarette to any person under twenty-one (21) years of age shall be a defense to the charges.

SOURCE: Added by 24-278:3 (Oct. 15, 1978) as § 6110. Repealed and reenacted as § 6400 by P.L. 28-170:1 (Jan. 29, 2007). Amended by P.L.
34-001:3 (Mar. 23, 2017), effective Jan. 1, 2018 pursuant to P.L. 34-
001:4. Renumbered to adhere to the Compiler’s general codification scheme pursuant to 1 Guam Code Ann. § 1606.

2017 NOTE: Subsection/subitem designations added/altered pursuant to
1 Guam Code Ann. § 1606.