(1) As used in this section: (a) "Cannabinoid inhalation product" means an electronic cigarette that contains a cannabinoid. (b) "Cannabinoid inhalation substance" means a substance containing a cannabinoid that is used or intended for use in an electronic cigarette. (c) "Compensatory service" means service or unpaid work performed by an employee, in lieu of the payment of a fine or imprisonment. (d) "Employee" means an employee or an owner of a retailer. (2) An actor commits unlawful sale of a cannabinoid inhalation product or a cannabinoid inhalation substance if the actor: (a) is an employee; and (b) intentionally or knowingly sells or gives a cannabinoid inhalation product or a cannabinoid inhalation substance in the course of business to an individual. (3) A violation of Subsection (2) is: (a) on a first violation: (i) a class C misdemeanor; and (ii) subject to: (A) a fine not exceeding $1,000; or (B) compensatory service; or (b) on a subsequent violation: (i) a class B misdemeanor; and (ii) subject to: (A) a fine not exceeding $2,000; or (B) compensatory service. (4) This section does not prohibit or restrict the sale of medical cannabis or a medical cannabis device if done in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, and with Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies.
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