SF 4338

as introduced - 91st Legislature (2019 - 2020) Posted on 03/17/2020 12:14pm

A bill for an act
relating to health; creating an exception to tobacco in public schools; amending
Minnesota Statutes 2019 Supplement, section 144.4165.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2019 Supplement, section 144.4165, is amended to read:

144.4165 TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS.

new text begin (a) new text end No person shall at any time smoke, chew, or otherwise ingest tobacco or a tobacco
product, or carry or use an activated electronic delivery device as defined in section 609.685,
subdivision 1, in a public school, as defined in section 120A.05, subdivisions 9, 11, and 13,
or in a charter school governed by chapter 124E, and no person under the age of 18 shall
possess any of these items. This prohibition extends to all facilities, whether owned, rented,
or leased, and all vehicles that a school district owns, leases, rents, contracts for, or controls.

new text begin (b) new text end Nothing in this section shall prohibit the lighting of tobacco by an adult as a part of
a traditional Indian spiritual or cultural ceremony. new text begin An American Indian student may carry
a medicine pouch containing loose tobacco intended in observance of traditional spiritual
or cultural practices. new text end For purposes of this section, an Indian is a person who is a member
of an Indian tribe as defined in section 260.755, subdivision 12.