                                 CODE OF VIRGINIA

FORFEITURE OF COUNTERFEIT AND CONTRABAND CIGARETTES (§ 19.2-386.21)

Counterfeit cigarettes possessed in violation of § 18.2-246.14 and cigarettes
possessed in violation of § 58.1-1017 or 58.1-1017.1 shall be subject to
seizure, forfeiture, and destruction or court-ordered assignment for use by a
law-enforcement undercover operation by the Virginia Alcoholic Beverage Control
Authority or any law-enforcement officer of the Commonwealth. However, any
undercover operation that makes use of counterfeit cigarettes shall ensure that
the counterfeit cigarettes remain under the control and command of law
enforcement and shall not be distributed to a member of the general public who
is not the subject of a criminal investigation. All fixtures, equipment,
materials, and personal property used in substantial connection with (i) the
sale or possession of counterfeit cigarettes in a knowing and intentional
violation of Article 10 (§ 18.2-246.6 et seq.) of Chapter 6 of Title 18.2 or
(ii) the sale or possession of cigarettes in a knowing and intentional violation
of § 58.1-1017 or 58.1-1017.1 shall be subject to seizure and forfeiture
according to the procedures contained in Chapter 22.1 (§ 19.2-386.1 et seq.),
applied mutatis mutandis.

HISTORY: 2004, c. 995; 2013, c. 627; 2014, cc. 422, 458; 2015, cc. 38, 730.