This ordinance has been written to address a problem with the enforcement of the original State Statute regulating E-Cigarettes, which the City ordinance copied. Prosecutions under the State Statute have been challenged to prove that the material in the E-cigarette contains tobacco or is derived from tobacco. It turns out that the Wyoming State crime lab does not test for tobacco or nicotine! In order to avoid this problem we have prepared an amendment to the ordinance to provide that E-cigarettes cannot be sold to, purchased by or possessed by minors, whether or not they contain tobacco or nicotine derivatives. This change will improve on the State Statute by making the device itself illegal to possess and will not impose upon the Police and Prosecutors the burden of proving that there is tobacco present. Since there are liquefied forms of controlled substances such as marijuana that can also be consumed with an E-cigarette, controlling the device is very important in itself.

I move for the Approval of the Ordinance to Amend Section 14-39 of the Gillette City Code to Provide that Electronic Cigarettes may not be Sold, Given or Delivered to or Possessed or used by Minors Under the Age of 18 Whether or not they Contain any Product Made or Derived From Tobacco that Contains Nicotine.