(1) No person under the age of twenty-one (21) shall possess or use tobacco products, alternative nicotine products, or vapor products.
(2) Any tobacco product, alternative nicotine product, or vapor product found in the possession of a person under the age of twenty-one (21) and in plain view of the law enforcement officer shall be confiscated by the law enforcement officer making the charge.
(3) Any person under the age of twenty-one (21) found possessing or consuming an alternative nicotine product, tobacco product, or vapor product may be required to participate in a community service program or attend a tobacco cessation program.
(4) This section shall not apply to persons exempted as provided by KRS 438.311 and 438.330.