Section 1

Effective January 1, 2018, amends GS 14-313 concerning youth access to tobacco products, tobacco-derived products, vapor products, and cigarette wrapping papers. Current law makes it a Class 2 misdemeanor for any person to distribute to or aid, assist, or abet any other person in distributing tobacco products or cigarette wrapping papers to any person under the age of 18, or for any person to purchase tobacco products or cigarette wrapping papers on behalf of a person under the age of 18. This act changes the offense to distributing to or purchasing tobacco products or cigarette wrapping papers for a person born on or after January 1, 2000.

Establishes that it is not unlawful to sell or distribute tobacco products or cigarette wrapping papers to a person born on or after January 1, 2000, who is serving on active duty in the Armed Forces. Defines active duty to mean full-time duty in the active military service of the United States, including service by members of the reserve component while serving under published orders for active duty or full-time training. Clarifies that the term "active duty" does not include service by members of the reserve component who are performing active duty or active duty for training under military calls or orders specifying a period of less than 31 calendar days. Defines Armed Forces to include all components of the US Army, Navy, Air Force, Marine Corps, and Coast Guard.

Makes conforming changes to the posting retail distributors of tobacco products are required to display near the point of sale. Requires a person engaged in the sale of tobacco or cigarette wrapping papers to demand proof of age or proof of active duty in the Armed Forces from a prospective purchaser if the person has reasonable grounds to believe that the prospective purchaser was born on or after January 1, 2000. Makes conforming changes to provisions setting out the misdemeanor offense for failure to demand proof of age or proof of active duty in the sale of tobacco products and the related defenses to that action. 

Makes conforming changes to the provisions regarding (1) distribution of tobacco products, (2) internet distribution of tobacco products, (3) purchase by persons underage, and (4) sending an underage person to purchase or receive tobacco and related products or assisting such a person in doing so.

Sets these changes to expire December 31, 2020.

Section 2

Effective January 1, 2021, again amends GS 14-313 as amended in Section 1 of the act. Prohibits the sale or distribution of tobacco products or cigarette wrapping papers to persons under the age of 21, thereby increasing the minimum age from the change set out in Section 1. Makes conforming changes.