Alternative nicotine; clarify prohibition on school property.

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To: Education; Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Calvert

HOUSE BILL NO. 975

AN ACT TO AMEND SECTION 97-32-29, MISSISSIPPI CODE OF 1972, 1
TO CLARIFY THE PROHIBITION AGAINST ALTERNATIVE NICOTINE ON 2
EDUCATIONAL PROPERTY; TO AMEND SECTION 97-32-51, MISSISSIPPI CODE 3
OF 1972, TO INCREASE THE PENALTIES FOR ALTERNATIVE NICOTINE 4
FURNISHING; TO BRING FORWARD SECTION 37-9-71, MISSISSIPPI CODE OF 5
1972, WHICH PROVIDES THE AUTHORITY TO SUSPEND OR EXPEL A STUDENT, 6
FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. Section 97-32-29, Mississippi Code of 1972, is 9
amended as follows: 10
97-32-29. No person shall use any tobacco product or 11
alternative nicotine product on any educational property as 12
defined in Section 97-32-27. Any * * * person who violates this 13
section shall be subject to a fine and shall be liable as follows: 14
(a) for a first conviction, a warning; (b) for a second 15
conviction, a fine of * * * Two Hundred Dollars ($200.00); and (c) 16
for all subsequent convictions, a fine not to exceed * * * Five 17
Hundred Dollars ($500.00) shall be imposed. 18
Any adult found in violation of this section shall be issued 19
a citation by a law enforcement officer, which citation shall 20
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include notice of the date, time and location for hearing before 21
the justice court having jurisdiction where the violation is 22
alleged to have occurred. For the purposes of this section, 23
"subsequent convictions" are for violations committed on any 24
educational property within the State of Mississippi. 25
Anyone convicted under this article shall be recorded as 26
being fined for a civil violation of this article and not for 27
violating a criminal statute. 28
It is the responsibility of all law enforcement officers and 29
law enforcement agencies of this state to ensure that the 30
provisions of this article are enforced. 31
SECTION 2. Section 97-32-51, Mississippi Code of 1972, is 32
amended as follows: 33
97-32-51. (1) For the purposes of this chapter: 34
(a) (i) "Alternative nicotine product" means: 35
1. An electronic cigarette; 36
2. Any other product that consists of or 37
contains nicotine that can be ingested into the body by chewing, 38
smoking, absorbing, dissolving, inhaling or by any other means; 39
3. Any electronic device that can be used to 40
deliver nicotine to an individual inhaling from the device, 41
including, but not limited to, any cartridge component, liquid, 42
capsule or powder used to refill or resupply such an electronic 43
device; or 44
4. An electronic cigar or cigarillo. 45
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(ii) Alternative nicotine product does not 46
include: 47
1. A cigarette or other tobacco product as 48
defined in Section 97-32-3; 49
2. A product that is a drug under 21 USCS 50
321(g)(1); 51
3. A product that is a device under 21 USCS 52
321(h); or 53
4. A combination product described in 21 USCS 54
353(g). 55
(b) (i) "Electronic cigarette" means an electronic 56
product or device that produces a vapor that delivers nicotine or 57
other substances to the person inhaling from the device to 58
simulate smoking, and is likely to be offered to, or purchased by, 59
consumers as an electronic cigarette, electronic cigar, electronic 60
cigarillo or electronic pipe. 61
(ii) Electronic cigarette does not include: 62
1. A cigarette or other tobacco products as 63
defined in Section 97-32-3; 64
2. A product that is a drug under 21 USCS 65
321(g)(1); 66
3. A product that is a device under 21 USCS 67
321(h); or 68
4. A combination product described in 21 USCS 69
353(g). 70
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(2) No person, either directly or indirectly by an agent or 71
employee, or by a vending machine owned by the person or located 72
in the person's establishment, shall sell, offer for sale, give or 73
furnish any alternative nicotine product, or any cartridge, 74
component, liquid, capsule or powder thereof, to an individual 75
under twenty-one (21) years of age. The penalties described in 76
this subsection shall be treble the fines described in this 77
section, plus any other penalty provided by law, for the sale, 78
use, possession or furnishing of a controlled substance or other 79
substance to a person, if the alternative nicotine product 80
contains any controlled substance that is otherwise prohibited by 81
law, or any other substance that causes the recipient of such to 82
require emergency medical care as a result of using the product. 83
Each violation of the provisions of this section shall be treated 84
as a separate offense. A violation of this subsection is 85
punishable as follows: 86
(a) By a fine of * * * Five Hundred Dollars ($500.00) 87
for a first offense; 88
(b) By a fine of * * * One Thousand Dollars ($1,000.00) 89
for a second offense; and 90
(c) By a fine of * * * Three Thousand Dollars 91
($3,000.00) for a third or subsequent offense. 92
(3) Before selling, offering for sale, giving or furnishing 93
an alternative nicotine product, or any cartridge, component 94
liquid, capsule or powder thereof, to an individual, a person 95
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shall verify that the individual is at least twenty-one (21) years 96
of age by: 97
(a) Examining from any individual that appears to be 98
under twenty-seven (27) years of age a government-issued 99
photographic identification that establishes the individual is at 100
least twenty-one (21) years of age; or 101
(b) For sales made through the Internet or other remote 102
sales methods, performing an age verification through an 103
independent, third-party age verification service that compares 104
information available from public records to the personal 105
information entered by the individual during the ordering process 106
that establishes the individual is twenty-one (21) years of age or 107
older. 108
SECTION 3. Section 37-9-71, Mississippi Code of 1972, is 109
brought forward as follows: 110
37-9-71. The superintendent of schools and the principal of 111
a school shall have the power to suspend or expel a pupil for good 112
cause, including misconduct in the school or on school property, 113
as defined in Section 37-11-29, on the road to and from school, or 114
at any school-related activity or event when such conduct by a 115
pupil, in the determination of the superintendent or principal, 116
renders that pupil's presence in the classroom a disruption to the 117
educational environment of the school or a detriment to the best 118
interest and welfare of the pupils and teacher of such class as a 119
whole, or for any reason for which such pupil might be suspended, 120
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ST: Alternative nicotine; clarify prohibition
on school property.
dismissed or expelled by the school board under state or federal 121
law or any rule, regulation or policy of the local school 122
district. For any suspension of more than ten (10) days or 123
expulsions, a student shall have the right to a due process 124
hearing, be represented by legal counsel, to present evidence and 125
cross-examine witnesses presented by the district. The student 126
and the student's parent, legal guardian or person in custody of 127
the student may appeal suspension of more than ten (10) days and 128
expulsions to the school board. The standard of proof in all 129
disciplinary proceedings shall be substantial evidence. The 130
parent or guardian of the child shall be advised of this right to 131
a hearing by the appropriate superintendent or principal and the 132
proper form shall be provided for requesting such a hearing. 133
SECTION 4. This act shall take effect and be in force from 134
and after July 1, 2026. 135