{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-371.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-371.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-371.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-371.2.html"}],"law_id":68538,"edition_id":1,"section_id":68538,"structure_id":14343,"section_number":"18.2-371.2","catch_line":"Prohibiting sale or distribution, etc. of retail tobacco products and hemp products intended for smoking by persons under 21 years of age; civil penalties","history":"1986, c. 406; 1991, c. 558; 1993, c. 631; 1994, c. 305; 1995, c. 675; 1996, cc. 509, 517; 1997, cc. 812, 882; 1998, c. 363; 1999, c. 1020; 2000, c. 883; 2003, cc. 114, 615; 2014, cc. 357, 394; 2015, cc. 38, 730, 739, 756; 2019, cc. 90, 102; 2020, cc. 406, 524; 2023, cc. 744, 794; 2024, cc. 796, 821.","full_text":"A\n\nNo person shall sell to, distribute to, purchase for, or knowingly permit the purchase by any person younger than 21 years of age, knowing or having reason to believe that such person is younger than 21 years of age, any retail tobacco product or hemp product intended for smoking.\n\t\t\tNo person shall sell retail tobacco products or hemp products intended for smoking from a vending machine.B\n\nNo person shall sell a retail tobacco product or hemp product intended for smoking to any individual who does not demonstrate, by producing a driver’s license or similar photo identification issued by a government agency, that the individual is at least 21 years of age.\n\t\t\tBefore a retail dealer may sell retail tobacco products, other than cigar and pipe tobacco products as defined in § 58.1-1021.01, to any consumer, the person selling, offering for sale, giving, or furnishing the retail tobacco products shall verify that the consumer is of legal age by examining from any person who appears to be under 30 years of age a government-issued photographic identification that establishes that the person is of legal age or, if required pursuant to subdivision C 4 b of § 58.1-1021.04:1 or subdivision B 2 b of § 59.1-293.12, verifying the identification presented using identification fraud detection software, technology, or a scanner that confirms the authenticity of such identification.\n\t\t\tThis subsection shall not apply to mail order or Internet sales, provided that the person offering the retail tobacco product or hemp product intended for smoking for sale through mail order or the Internet (i) prior to the sale of the retail tobacco product or hemp product intended for smoking verifies that the purchaser is at least 21 years of age through a commercially available database that is regularly used by businesses or governmental entities for the purpose of age and identity verification and (ii) uses a method of mailing, shipping, or delivery that requires the signature of a person at least 21 years of age before the retail tobacco product or hemp product intended for smoking will be released to the purchaser.C\n\nA violation of subsection A or B by an individual or by a separate retail establishment is punishable by a civil penalty in the amount of $500 for a first violation and a civil penalty in the amount of $2,500 for a second or subsequent violation within a three-year period. If applicable, upon a second or subsequent violation within a three-year period, the Department of Taxation may suspend or revoke any approved license, permit, or registration issued pursuant to subsection C of § 58.1-1021.04:1.\n\t\t\tFor any violation of this section by an employee of a retail establishment, (i) such penalty shall be assessed against the establishment and (ii) an additional penalty of $100 shall be assessed against the employee.\n\t\t\tAny attorney for the Commonwealth of the county or city in which an alleged violation occurred may bring an action to recover the civil penalty, which shall be paid into the state treasury. Any law-enforcement officer may issue a summons for a violation of subsection A or B.D\n\n1. Cigarettes and hemp products intended for smoking shall be sold only in sealed packages provided by the manufacturer, with the required health warning. The proprietor of every retail establishment that offers for sale any retail tobacco product or hemp product intended for smoking shall post in a conspicuous manner and place a sign or signs indicating that the sale of retail tobacco products or hemp products intended for smoking to any person under 21 years of age is prohibited by law. Any attorney for the county, city, or town in which an alleged violation of this subsection occurred may enforce this subsection by civil action to recover a civil penalty not to exceed $500. The civil penalty shall be paid into the local treasury. No filing fee or other fee or cost shall be charged to the county, city, or town which instituted the action.2\n\nFor the purpose of compliance with regulations of the Substance Abuse and Mental Health Services Administration published at 61 Federal Register 1492, the Department of Agriculture and Consumer Services may promulgate regulations which allow the Department to undertake the activities necessary to comply with such regulations.3\n\nAny attorney for the county, city, or town in which an alleged violation of this subsection occurred may enforce this subsection by civil action to recover a civil penalty not to exceed $500. The civil penalty shall be paid into the local treasury. No filing fee or other fee or cost shall be charged to the county, city, or town which instituted the action.E\n\nNothing in this section shall be construed to create a private cause of action.F\n\nAgents of the Virginia Alcoholic Beverage Control Authority designated pursuant to § 4.1-105 may issue a summons for any violation of this section. Additionally, any retailer selling retail tobacco products shall be subject to the enforcement and compliance provisions of Chapter 23.2 (§ 59.1-293.10 et seq.) of Title 59.1.G\n\nAs used in this section:\n\t\t\t“Electronic smoking device” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. “Electronic smoking device” includes any component, part, or accessory of the device, whether or not sold separately, and also includes any substance intended to be aerosolized or vaporized during the use of the device, whether or not the substance contains nicotine. “Electronic smoking device” does not include any (i) battery or battery charger when sold separately or (ii) device used for heated tobacco products. “Electronic smoking device” does not include drugs or devices, as such terms are defined in 21 U.S.C. § 321, or combination products, as such term is used in 21 U.S.C. § 353, if such drugs, devices, or combination products are authorized for sale by the U.S. Food and Drug Administration.\n\t\t\t“Hemp product” and “hemp product intended for smoking” mean the same as those terms are defined in § 3.2-4112.\n\t\t\t“Retail tobacco product” means (i) any product containing, made of, or derived from tobacco or that contains nicotine that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, dissolved, inhaled, absorbed, or ingested by other means, including a cigarette, a heated tobacco product, a cigar, pipe tobacco, chewing tobacco, snuff, or snus; (ii) any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; and (iii) any component, part, or accessory of a product described in clause (i) or (ii), whether or not such component, part, or accessory contains tobacco or nicotine, including filters, rolling papers, blunt or hemp wraps, and pipes. “Retail tobacco product” includes any nicotine vapor product as that term is defined in § 58.1-1021.01. “Retail tobacco product” does not include drugs or devices, as such terms are defined in 21 U.S.C. § 321, or combination products, as such term is used in 21 U.S.C. § 353, if such drugs, devices, or combination products are authorized for sale by the U.S. Food and Drug Administration.\n\t\t\t“Wrappings” includes materials made or sold for covering or rolling tobacco or other materials for smoking in a manner similar to a cigarette or cigar.","order_by":null,"text":{"0":{"id":248095,"text":"No person shall sell to, distribute to, purchase for, or knowingly permit the purchase by any person younger than 21 years of age, knowing or having reason to believe that such person is younger than 21 years of age, any retail tobacco product or hemp product intended for smoking.\n\t\t\tNo person shall sell retail tobacco products or hemp products intended for smoking from a vending machine.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":248096,"text":"No person shall sell a retail tobacco product or hemp product intended for smoking to any individual who does not demonstrate, by producing a driver’s license or similar photo identification issued by a government agency, that the individual is at least 21 years of age.\n\t\t\tBefore a retail dealer may sell retail tobacco products, other than cigar and pipe tobacco products as defined in § 58.1-1021.01, to any consumer, the person selling, offering for sale, giving, or furnishing the retail tobacco products shall verify that the consumer is of legal age by examining from any person who appears to be under 30 years of age a government-issued photographic identification that establishes that the person is of legal age or, if required pursuant to subdivision C 4 b of § 58.1-1021.04:1 or subdivision B 2 b of § 59.1-293.12, verifying the identification presented using identification fraud detection software, technology, or a scanner that confirms the authenticity of such identification.\n\t\t\tThis subsection shall not apply to mail order or Internet sales, provided that the person offering the retail tobacco product or hemp product intended for smoking for sale through mail order or the Internet (i) prior to the sale of the retail tobacco product or hemp product intended for smoking verifies that the purchaser is at least 21 years of age through a commercially available database that is regularly used by businesses or governmental entities for the purpose of age and identity verification and (ii) uses a method of mailing, shipping, or delivery that requires the signature of a person at least 21 years of age before the retail tobacco product or hemp product intended for smoking will be released to the purchaser.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":248097,"text":"A violation of subsection A or B by an individual or by a separate retail establishment is punishable by a civil penalty in the amount of $500 for a first violation and a civil penalty in the amount of $2,500 for a second or subsequent violation within a three-year period. If applicable, upon a second or subsequent violation within a three-year period, the Department of Taxation may suspend or revoke any approved license, permit, or registration issued pursuant to subsection C of § 58.1-1021.04:1.\n\t\t\tFor any violation of this section by an employee of a retail establishment, (i) such penalty shall be assessed against the establishment and (ii) an additional penalty of $100 shall be assessed against the employee.\n\t\t\tAny attorney for the Commonwealth of the county or city in which an alleged violation occurred may bring an action to recover the civil penalty, which shall be paid into the state treasury. Any law-enforcement officer may issue a summons for a violation of subsection A or B.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":248098,"text":"1. Cigarettes and hemp products intended for smoking shall be sold only in sealed packages provided by the manufacturer, with the required health warning. The proprietor of every retail establishment that offers for sale any retail tobacco product or hemp product intended for smoking shall post in a conspicuous manner and place a sign or signs indicating that the sale of retail tobacco products or hemp products intended for smoking to any person under 21 years of age is prohibited by law. Any attorney for the county, city, or town in which an alleged violation of this subsection occurred may enforce this subsection by civil action to recover a civil penalty not to exceed $500. The civil penalty shall be paid into the local treasury. No filing fee or other fee or cost shall be charged to the county, city, or town which instituted the action.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D2"},"4":{"id":248099,"text":"For the purpose of compliance with regulations of the Substance Abuse and Mental Health Services Administration published at 61 Federal Register 1492, the Department of Agriculture and Consumer Services may promulgate regulations which allow the Department to undertake the activities necessary to comply with such regulations.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D","next_prefix":"D3"},"5":{"id":248100,"text":"Any attorney for the county, city, or town in which an alleged violation of this subsection occurred may enforce this subsection by civil action to recover a civil penalty not to exceed $500. The civil penalty shall be paid into the local treasury. No filing fee or other fee or cost shall be charged to the county, city, or town which instituted the action.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"E"},"6":{"id":248101,"text":"Nothing in this section shall be construed to create a private cause of action.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D3","next_prefix":"F"},"7":{"id":248102,"text":"Agents of the Virginia Alcoholic Beverage Control Authority designated pursuant to § 4.1-105 may issue a summons for any violation of this section. Additionally, any retailer selling retail tobacco products shall be subject to the enforcement and compliance provisions of Chapter 23.2 (§ 59.1-293.10 et seq.) of Title 59.1.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"8":{"id":248103,"text":"As used in this section:\n\t\t\t“Electronic smoking device” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. “Electronic smoking device” includes any component, part, or accessory of the device, whether or not sold separately, and also includes any substance intended to be aerosolized or vaporized during the use of the device, whether or not the substance contains nicotine. “Electronic smoking device” does not include any (i) battery or battery charger when sold separately or (ii) device used for heated tobacco products. “Electronic smoking device” does not include drugs or devices, as such terms are defined in 21 U.S.C. § 321, or combination products, as such term is used in 21 U.S.C. § 353, if such drugs, devices, or combination products are authorized for sale by the U.S. Food and Drug Administration.\n\t\t\t“Hemp product” and “hemp product intended for smoking” mean the same as those terms are defined in § 3.2-4112.\n\t\t\t“Retail tobacco product” means (i) any product containing, made of, or derived from tobacco or that contains nicotine that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, dissolved, inhaled, absorbed, or ingested by other means, including a cigarette, a heated tobacco product, a cigar, pipe tobacco, chewing tobacco, snuff, or snus; (ii) any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; and (iii) any component, part, or accessory of a product described in clause (i) or (ii), whether or not such component, part, or accessory contains tobacco or nicotine, including filters, rolling papers, blunt or hemp wraps, and pipes. “Retail tobacco product” includes any nicotine vapor product as that term is defined in § 58.1-1021.01. “Retail tobacco product” does not include drugs or devices, as such terms are defined in 21 U.S.C. § 321, or combination products, as such term is used in 21 U.S.C. § 353, if such drugs, devices, or combination products are authorized for sale by the U.S. Food and Drug Administration.\n\t\t\t“Wrappings” includes materials made or sold for covering or rolling tobacco or other materials for smoking in a manner similar to a cigarette or cigar.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":14343,"edition_id":1,"name":"Family Offenses; Crimes Against Children, etc","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":14022,"metadata":{},"date_created":"2026-06-26 03:47:49","date_modified":"2026-06-26 03:47:49","permalink":{"id":167753,"object_type":"structure","relational_id":14343,"identifier":"4","token":"18.2\/8\/4","url":"\/18.2\/8\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14022,"edition_id":1,"name":"Crimes Involving Morals and Decency","identifier":"8","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:46:37","date_modified":"2026-06-26 03:46:37","permalink":{"id":167393,"object_type":"structure","relational_id":14022,"identifier":"8","token":"18.2\/8","url":"\/18.2\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":86356,"structure_id":14343,"section_number":"18.2-362","catch_line":"Person marrying when spouse is living; penalty; venue","url":"\/18.2-362\/","token":"18.2\/8\/4\/18.2-362","metadata":false},{"id":85324,"structure_id":14343,"section_number":"18.2-363","catch_line":"Leaving Commonwealth to evade law against bigamy","url":"\/18.2-363\/","token":"18.2\/8\/4\/18.2-363","metadata":false},{"id":66589,"structure_id":14343,"section_number":"18.2-364","catch_line":"Exceptions to \u00a7\u00a7 18.2-362 and 18.2-363","url":"\/18.2-364\/","token":"18.2\/8\/4\/18.2-364","metadata":false},{"id":73179,"structure_id":14343,"section_number":"18.2-365","catch_line":"Adultery defined; penalty","url":"\/18.2-365\/","token":"18.2\/8\/4\/18.2-365","metadata":false},{"id":76153,"structure_id":14343,"section_number":"18.2-366","catch_line":"Sexual intercourse by persons forbidden to marry; incest; penalties","url":"\/18.2-366\/","token":"18.2\/8\/4\/18.2-366","metadata":false},{"id":77238,"structure_id":14343,"section_number":"18.2-367","catch_line":"Repealed","url":"\/18.2-367\/","token":"18.2\/8\/4\/18.2-367","metadata":false},{"id":55653,"structure_id":14343,"section_number":"18.2-368","catch_line":"Placing or leaving spouse for prostitution; 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penalties; abandoned infant","url":"\/18.2-371.1\/","token":"18.2\/8\/4\/18.2-371.1","metadata":false},"next_section":{"id":84277,"structure_id":14343,"section_number":"18.2-371.2:1","catch_line":"Prohibiting possession of retail tobacco products and hemp products intended for smoking by a person younger than 21 years of age; seizure","url":"\/18.2-371.2_1\/","token":"18.2\/8\/4\/18.2-371.2_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-371.2\/","history_text":"

This law was first created in 1986. The record of its establishment is cataloged in chapter 406 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1986 \u201cActs\u201d aren\u2019t available online. It has been modified 16 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1991, chapter 558; in 1993, chapter 631; in 1994, chapter 305<\/a>; in 1995, chapter 675<\/a>; in 1996, chapters 509<\/a> and 517<\/a>; in 1997, chapters 812<\/a> and 882<\/a>; in 1998, chapter 363<\/a>; in 1999, chapter 1020<\/a>; in 2000, chapter 883<\/a>; in 2003, chapters 114<\/a> and 615<\/a>; in 2014, chapters 357<\/a> and 394<\/a>; in 2015, chapters 38<\/a>, 730<\/a>, 739<\/a>, and 756<\/a>; in 2019, chapters 90<\/a> and 102<\/a>; in 2020, chapters 406<\/a> and 524<\/a>; in 2023, chapters 744<\/a> and 794<\/a>; in 2024, chapters 796<\/a> and 821<\/a>.<\/p>","references":[{"id":86837,"section_number":"15.2-912.4","catch_line":"Regulation of tobacco and hemp product retail sale locations","order_by":null,"url":"\/15.2-912.4\/"},{"id":84277,"section_number":"18.2-371.2:1","catch_line":"Prohibiting possession of retail tobacco products and hemp products intended for smoking by a person younger than 21 years of age; seizure","order_by":null,"url":"\/18.2-371.2_1\/"},{"id":74660,"section_number":"19.2-392.12","catch_line":"(Effective July 1, 2026) Sealing of offenses resulting in a deferred and dismissed disposition or conviction by petition","order_by":null,"url":"\/19.2-392.12\/"},{"id":77435,"section_number":"22.1-206","catch_line":"Instruction concerning drugs, alcohol, substance abuse, retail tobacco products, hemp products intended for smoking, and gambling","order_by":null,"url":"\/22.1-206\/"},{"id":74451,"section_number":"22.1-279.6","catch_line":"Board of Education guidelines and model policies for codes of student conduct; school board regulations","order_by":null,"url":"\/22.1-279.6\/"},{"id":81294,"section_number":"22.1-79.5","catch_line":"Policy regarding retail tobacco products and hemp products intended for smoking","order_by":null,"url":"\/22.1-79.5\/"},{"id":86288,"section_number":"4.1-105","catch_line":"Police power of members, agents and employees of Board","order_by":null,"url":"\/4.1-105\/"},{"id":67790,"section_number":"4.1-624","catch_line":"Police power of members, agents, and employees of Board","order_by":null,"url":"\/4.1-624\/"},{"id":61382,"section_number":"59.1-293.12","catch_line":"Restrictions on the sale of retail tobacco products to minors; penalties","order_by":null,"url":"\/59.1-293.12\/"},{"id":83733,"section_number":"59.1-293.13","catch_line":"Required education for retail dealers and employees","order_by":null,"url":"\/59.1-293.13\/"}],"refers_to":[{"id":79195,"section_number":"3.2-4112","catch_line":"Definitions","order_by":null,"url":"\/3.2-4112\/"},{"id":86288,"section_number":"4.1-105","catch_line":"Police power of members, agents and employees of Board","order_by":null,"url":"\/4.1-105\/"},{"id":73675,"section_number":"58.1-1021.01","catch_line":"Definitions","order_by":null,"url":"\/58.1-1021.01\/"},{"id":69459,"section_number":"58.1-1021.04:1","catch_line":"Distributor's or remote retail seller's license; liquid nicotine and nicotine vapor products license; penalties","order_by":null,"url":"\/58.1-1021.04_1\/"},{"id":61466,"section_number":"59.1-293.10","catch_line":"Definitions","order_by":null,"url":"\/59.1-293.10\/"},{"id":61382,"section_number":"59.1-293.12","catch_line":"Restrictions on the sale of retail tobacco products to minors; penalties","order_by":null,"url":"\/59.1-293.12\/"}],"permalink":{"id":167827,"object_type":"law","relational_id":68538,"identifier":"18.2-371.2","token":"18.2\/8\/4\/18.2-371.2","url":"\/18.2-371.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-371.2\/","token":"18.2\/8\/4\/18.2-371.2","dublin_core":{"Title":"Prohibiting sale or distribution, etc. of retail tobacco products and hemp products intended for smoking by persons under 21 years of age; civil penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-371.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No person shall sell to, distribute to, purchase for, or knowingly permit the purchase by any person younger than 21 years of age, knowing or having reason to believe that such person is younger than 21 years of age, any retail tobacco product<\/span> or hemp product intended for smoking<\/span>.\n\t\t\tNo person shall sell retail tobacco products<\/span> or hemp products<\/span> intended for smoking from a vending machine. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No person shall sell a retail tobacco product<\/span> or hemp product intended for smoking<\/span> to any individual who does not demonstrate, by producing a driver’s license or similar photo identification issued by a government agency, that the individual is at least 21 years of age.\n\t\t\tBefore a retail dealer may sell retail tobacco products<\/span>, other than cigar and pipe tobacco products as defined in § 58.1-1021.01<\/a>, to any consumer, the person selling, offering for sale, giving, or furnishing the retail tobacco products<\/span> shall verify that the consumer is of legal age by examining from any person who appears to be under 30 years of age a government-issued photographic identification that establishes that the person is of legal age or, if required pursuant to subdivision C 4 b of § 58.1-1021.04:1<\/a> or subdivision B 2 b of § 59.1-293.12<\/a>, verifying the identification presented using identification fraud<\/span> detection software, technology, or a scanner that confirms the authenticity of such identification.\n\t\t\tThis subsection shall not apply to mail order<\/span> or Internet sales, provided that the person offering the retail tobacco product<\/span> or hemp product intended for smoking<\/span> for sale through mail order<\/span> or the Internet (i) prior to the sale of the retail tobacco product<\/span> or hemp product intended for smoking<\/span> verifies that the purchaser is at least 21 years of age through a commercially available database that is regularly used by businesses or governmental entities for the purpose of age and identity verification and (ii) uses a method of mailing, shipping, or delivery that requires the signature of a person at least 21 years of age before the retail tobacco product<\/span> or hemp product intended for smoking<\/span> will be released to the purchaser. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A violation of subsection A or B by an individual or by a separate retail establishment is punishable by a civil penalty<\/span> in the amount of $500 for a first violation and a civil penalty<\/span> in the amount of $2,500 for a second or subsequent violation within a three-year period. If applicable, upon a second or subsequent violation within a three-year period, the Department of Taxation may suspend or revoke any approved license, permit, or registration issued pursuant to subsection C of § 58.1-1021.04:1<\/a>.\n\t\t\tFor any violation of this section by an employee of a retail establishment, (i) such penalty<\/span> shall be assessed against the establishment and (ii) an additional penalty<\/span> of $100 shall be assessed against the employee.\n\t\t\tAny attorney for the Commonwealth of the county or city in which an alleged violation occurred may bring an action to recover the civil penalty<\/span>, which shall be paid into the state treasury. Any law<\/span>-enforcement officer may issue<\/span> a summons<\/span> for a violation of subsection A or B. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> 1. Cigarettes and hemp products<\/span> intended for smoking shall be sold only in sealed<\/span> packages provided by the manufacturer, with the required health warning. The proprietor of every retail establishment that offers for sale any retail tobacco product<\/span> or hemp product intended for smoking<\/span> shall post in a conspicuous manner and place a sign or signs indicating that the sale of retail tobacco products<\/span> or hemp products<\/span> intended for smoking to any person under 21 years of age is prohibited by law<\/span>. Any attorney for the county, city, or town in which an alleged violation of this subsection occurred may enforce this subsection by civil action<\/span> to recover a civil penalty<\/span> not to exceed $500. The civil penalty<\/span> shall be paid into the local treasury. No filing fee or other fee or cost shall be charged to the county, city, or town which instituted the action. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> For the purpose of compliance with regulations of the Substance Abuse and Mental Health Services Administration published at 61 Federal Register 1492, the Department of Agriculture and Consumer Services may promulgate regulations which allow the Department to undertake the activities necessary to comply with such regulations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Any attorney for the county, city, or town in which an alleged violation of this subsection occurred may enforce this subsection by civil action<\/span> to recover a civil penalty<\/span> not to exceed $500. The civil penalty<\/span> shall be paid into the local treasury. No filing fee or other fee or cost shall be charged to the county, city, or town which instituted the action. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Nothing in this section shall be construed to create a private cause of action<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Agents of the Virginia Alcoholic Beverage Control Authority designated pursuant to § 4.1-105<\/a> may issue<\/span> a summons<\/span> for any violation of this section. Additionally, any retailer selling retail tobacco products<\/span> shall be subject to the enforcement and compliance provisions of Chapter 23.2 (§ 59.1-293.10<\/a> et seq.) of Title 59.1. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> As used in this section:\n\t\t\t“Electronic smoking device<\/span>” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. “Electronic smoking device<\/span>” includes any component, part, or accessory<\/span> of the device, whether or not sold separately, and also includes any substance intended to be aerosolized or vaporized during the use of the device, whether or not the substance contains nicotine. “Electronic smoking device<\/span>” does not include any (i) battery<\/span> or battery<\/span> charger when sold separately or (ii) device used for heated tobacco products. “Electronic smoking device<\/span>” does not include drugs or devices, as such terms are defined in 21 U.S.C. § 321, or combination products, as such term is used in 21 U.S.C. § 353, if such drugs, devices, or combination products are authorized for sale by the U.S. Food and Drug Administration.\n\t\t\t“Hemp product” and “hemp product intended for smoking<\/span>” mean the same as those terms are defined in § 3.2-4112<\/a>.\n\t\t\t“Retail tobacco product<\/span>” means (i) any product containing, made of, or derived from tobacco or that contains nicotine that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, dissolved, inhaled, absorbed, or ingested by other means, including a cigarette, a heated tobacco product, a cigar, pipe tobacco, chewing tobacco, snuff, or snus; (ii) any electronic smoking device<\/span> and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; and (iii) any component, part, or accessory<\/span> of a product described in clause (i) or (ii), whether or not such component, part, or accessory<\/span> contains tobacco or nicotine, including filters, rolling papers, blunt or hemp wraps, and pipes. “Retail tobacco product<\/span>” includes any nicotine vapor product as that term is defined in § 58.1-1021.01<\/a>. “Retail tobacco product<\/span>” does not include drugs or devices, as such terms are defined in 21 U.S.C. § 321, or combination products, as such term is used in 21 U.S.C. § 353, if such drugs, devices, or combination products are authorized for sale by the U.S. Food and Drug Administration.\n\t\t\t“Wrappings<\/span>” includes materials<\/span> made or sold for covering or rolling tobacco or other materials<\/span> for smoking in a manner similar to a cigarette or cigar. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROHIBITING SALE OR DISTRIBUTION, ETC. OF RETAIL TOBACCO PRODUCTS AND HEMP\nPRODUCTS INTENDED FOR SMOKING BY PERSONS UNDER 21 YEARS OF AGE; CIVIL PENALTIES\n(\u00a7 18.2-371.2)\n\nA. No person shall sell to, distribute to, purchase for, or knowingly permit the\npurchase by any person younger than 21 years of age, knowing or having reason to\nbelieve that such person is younger than 21 years of age, any retail tobacco\nproduct or hemp product intended for smoking.\n\t\t\tNo person shall sell retail tobacco products or hemp products intended for\nsmoking from a vending machine.\n\nB. No person shall sell a retail tobacco product or hemp product intended for\nsmoking to any individual who does not demonstrate, by producing a\ndriver’s license or similar photo identification issued by a government\nagency, that the individual is at least 21 years of age.\n\t\t\tBefore a retail dealer may sell retail tobacco products, other than cigar and\npipe tobacco products as defined in § 58.1-1021.01, to any consumer, the\nperson selling, offering for sale, giving, or furnishing the retail tobacco\nproducts shall verify that the consumer is of legal age by examining from any\nperson who appears to be under 30 years of age a government-issued photographic\nidentification that establishes that the person is of legal age or, if required\npursuant to subdivision C 4 b of § 58.1-1021.04:1 or subdivision B 2 b of\n§ 59.1-293.12, verifying the identification presented using identification\nfraud detection software, technology, or a scanner that confirms the\nauthenticity of such identification.\n\t\t\tThis subsection shall not apply to mail order or Internet sales, provided\nthat the person offering the retail tobacco product or hemp product intended for\nsmoking for sale through mail order or the Internet (i) prior to the sale of the\nretail tobacco product or hemp product intended for smoking verifies that the\npurchaser is at least 21 years of age through a commercially available database\nthat is regularly used by businesses or governmental entities for the purpose of\nage and identity verification and (ii) uses a method of mailing, shipping, or\ndelivery that requires the signature of a person at least 21 years of age before\nthe retail tobacco product or hemp product intended for smoking will be released\nto the purchaser.\n\nC. A violation of subsection A or B by an individual or by a separate retail\nestablishment is punishable by a civil penalty in the amount of $500 for a first\nviolation and a civil penalty in the amount of $2,500 for a second or subsequent\nviolation within a three-year period. If applicable, upon a second or subsequent\nviolation within a three-year period, the Department of Taxation may suspend or\nrevoke any approved license, permit, or registration issued pursuant to\nsubsection C of § 58.1-1021.04:1.\n\t\t\tFor any violation of this section by an employee of a retail establishment,\n(i) such penalty shall be assessed against the establishment and (ii) an\nadditional penalty of $100 shall be assessed against the employee.\n\t\t\tAny attorney for the Commonwealth of the county or city in which an alleged\nviolation occurred may bring an action to recover the civil penalty, which shall\nbe paid into the state treasury. Any law-enforcement officer may issue a summons\nfor a violation of subsection A or B.\n\nD. 1. Cigarettes and hemp products intended for smoking shall be sold only in\nsealed packages provided by the manufacturer, with the required health warning.\nThe proprietor of every retail establishment that offers for sale any retail\ntobacco product or hemp product intended for smoking shall post in a conspicuous\nmanner and place a sign or signs indicating that the sale of retail tobacco\nproducts or hemp products intended for smoking to any person under 21 years of\nage is prohibited by law. Any attorney for the county, city, or town in which an\nalleged violation of this subsection occurred may enforce this subsection by\ncivil action to recover a civil penalty not to exceed $500. The civil penalty\nshall be paid into the local treasury. No filing fee or other fee or cost shall\nbe charged to the county, city, or town which instituted the action.\n\n 2. For the purpose of compliance with regulations of the Substance Abuse and\n Mental Health Services Administration published at 61 Federal Register 1492,\n the Department of Agriculture and Consumer Services may promulgate regulations\n which allow the Department to undertake the activities necessary to comply\n with such regulations.\n\n 3. Any attorney for the county, city, or town in which an alleged violation of\n this subsection occurred may enforce this subsection by civil action to\n recover a civil penalty not to exceed $500. The civil penalty shall be paid\n into the local treasury. No filing fee or other fee or cost shall be charged\n to the county, city, or town which instituted the action.\n\nE. Nothing in this section shall be construed to create a private cause of\naction.\n\nF. Agents of the Virginia Alcoholic Beverage Control Authority designated\npursuant to § 4.1-105 may issue a summons for any violation of this\nsection. Additionally, any retailer selling retail tobacco products shall be\nsubject to the enforcement and compliance provisions of Chapter 23.2 (§\n59.1-293.10 et seq.) of Title 59.1.\n\nG. As used in this section:\n\t\t\t“Electronic smoking device” means any device that may be used to\ndeliver any aerosolized or vaporized substance to the person inhaling from the\ndevice, including an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah.\n“Electronic smoking device” includes any component, part, or\naccessory of the device, whether or not sold separately, and also includes any\nsubstance intended to be aerosolized or vaporized during the use of the device,\nwhether or not the substance contains nicotine. “Electronic smoking\ndevice” does not include any (i) battery or battery charger when sold\nseparately or (ii) device used for heated tobacco products. “Electronic\nsmoking device” does not include drugs or devices, as such terms are\ndefined in 21 U.S.C. § 321, or combination products, as such term is used\nin 21 U.S.C. § 353, if such drugs, devices, or combination products are\nauthorized for sale by the U.S. Food and Drug Administration.\n\t\t\t“Hemp product” and “hemp product intended for\nsmoking” mean the same as those terms are defined in § 3.2-4112.\n\t\t\t“Retail tobacco product” means (i) any product containing, made\nof, or derived from tobacco or that contains nicotine that is intended for human\nconsumption or is likely to be consumed, whether smoked, heated, chewed,\ndissolved, inhaled, absorbed, or ingested by other means, including a cigarette,\na heated tobacco product, a cigar, pipe tobacco, chewing tobacco, snuff, or\nsnus; (ii) any electronic smoking device and any substances that may be\naerosolized or vaporized by such device, whether or not the substance contains\nnicotine; and (iii) any component, part, or accessory of a product described in\nclause (i) or (ii), whether or not such component, part, or accessory contains\ntobacco or nicotine, including filters, rolling papers, blunt or hemp wraps, and\npipes. “Retail tobacco product” includes any nicotine vapor product\nas that term is defined in § 58.1-1021.01. “Retail tobacco\nproduct” does not include drugs or devices, as such terms are defined in\n21 U.S.C. § 321, or combination products, as such term is used in 21 U.S.C.\n§ 353, if such drugs, devices, or combination products are authorized for\nsale by the U.S. Food and Drug Administration.\n\t\t\t“Wrappings” includes materials made or sold for covering or\nrolling tobacco or other materials for smoking in a manner similar to a\ncigarette or cigar.\n\nHISTORY: 1986, c. 406; 1991, c. 558; 1993, c. 631; 1994, c. 305; 1995, c. 675;\n1996, cc. 509, 517; 1997, cc. 812, 882; 1998, c. 363; 1999, c. 1020; 2000, c.\n883; 2003, cc. 114, 615; 2014, cc. 357, 394; 2015, cc. 38, 730, 739, 756; 2019,\ncc. 90, 102; 2020, cc. 406, 524; 2023, cc. 744, 794; 2024, cc. 796, 821.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}