---
title: O.C.G.A. § 16-12-174. Distribution of tobacco product samples.
collection: code
id: 16-12-174
cite_as: O.C.G.A. § 16-12-174 (2025)
canonical_url: https://georgiacommons.org/code/16-12-174
md_url: https://georgiacommons.org/code/16-12-174.md
text_url: https://georgiacommons.org/code/16-12-174/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t16-ch12-17-(v14b)-2024-pdf.pdf?sfvrsn=a591fa7b_0#page=183
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/16-12.md
previous: https://georgiacommons.org/code/16-12-173.md
next: https://georgiacommons.org/code/16-12-175.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: CRIMES AND OFFENSES / OFFENSES AGAINST PUBLIC HEALTH AND MORALS / SALE OR DISTRIBUTION TO, OR POSSESSION BY, MINORS OF CIGARETTES AND TOBACCO RELATED OBJECTS
---

# O.C.G.A. § 16-12-174. Distribution of tobacco product samples.

(a) As used in this Code section, the term “tobacco product sample” means a cigarette, tobacco product, alternative nicotine product, or vapor product distributed to members of the general public at no cost for purposes of promoting the product.

(b) It shall be unlawful for any person to distribute any tobacco product sample to any individual under the age of 21 years.

(c) A person distributing tobacco product samples shall require proof of age from a prospective recipient if an ordinary person would conclude on the basis of appearance that such prospective recipient may be under the age of 21 years.

(d) It shall be unlawful for any individual who has not attained the age of 21 years to receive or attempt to receive any tobacco product sample.

(e) No person shall distribute tobacco product samples on any public street, sidewalk, or park within 500 feet of any school or playground when those facilities are being used primarily by individuals under the age of 21 years.

(f) A violation of subsection (b), (c), or (e) of this Code section shall be punished as a misdemeanor. A violation of subsection (d) of this Code section shall be punished as provided for in paragraph (2) of subsection (b) of Code Section 16-12-171.

## History

Code 1981, § 16-12-174, enacted by Ga. L. 1993, p. 343, § 5; Ga. L. 2014, p. 130, § 5/HB 251; Ga. L. 2020, p. 257, § 1/SB 375.