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(1) The child was accompanied by a parent, spouse who is eighteen years of age or older,
<br />or legal guardian of the child.
<br />(2) The person who gave, sold, or distributed cigarettes, electronic cigarettes, other tobacco
<br />products, alternative nicotine products, or papers used to roll cigarettes to a child under
<br />subsection (b)(1) of this section is a parent, spouse who is eighteen years of age or older, or legal
<br />guardian of the child.
<br />(d) It is not a violation of subsection (a)(1) or (2) of this section for a person to give or
<br />otherwise distribute to a child cigarettes, electronic cigarettes other tobacco products, alternative
<br />nicotine products, or papers used to roll cigarettes while the child is participating in a research
<br />protocol if all of the following apply:
<br />(1) The parent, guardian, or legal custodian of the child has consented in writing to the child
<br />participating in the research protocol.
<br />(2) An institutional human subjects protection review board, or an equivalent entity, has
<br />approved the research protocol.
<br />(3) The child is participating in the research protocol at the facility or location specified in
<br />the research protocol.
<br />(e) (1) Whoever violates subsection (a)(1), (2), (4), (5), (6), (7) or (b) of this section is guilty
<br />of illegal distribution of cigarettes, electronic cigarettes, other tobacco products, or alternative
<br />nicotine products. Except as otherwise provided in this division, illegal distribution of cigarettes,
<br />electronic cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of
<br />the fourth degree. If the offender previously has been convicted of a violation of subsection
<br />(a)(1), (2), (4), (5), (6), (7) or (b) of this section, illegal distribution of cigarettes, electronic
<br />cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third
<br />degree.
<br />(2) Whoever violates subsection (a)(3) of this section is guilty of permitting children to use
<br />cigarettes, electronic cigarettes, other tobacco products, or alternative nicotine products. Except
<br />as otherwise provided in this division, permitting children to use cigarettes, other tobacco
<br />products, or alternative nicotine products is a misdemeanor of the fourth degree. If the offender
<br />previously has been convicted of a violation of subsection (a)(3) of this section, permitting
<br />children to use cigarettes, electronic cigarettes, other tobacco products, or alternative nicotine
<br />products is a misdemeanor of the third degree.
<br />(f) Any cigarettes, electronic cigarettes, other tobacco products, alternative nicotine products,
<br />or papers used to roll cigarettes that are given, sold, or otherwise distributed to a child in
<br />violation of this section and that are used, possessed, purchased, or received by a child in
<br />violation of Chapter 557 of the Codified Ordinance of the City of North Olmsted are subject to
<br />seizure and forfeiture as contraband under Chapter 2981 of the Revised Code.
<br />557.03 RESERVED.
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