Title 4.1. Alcoholic Beverage and Cannabis Control
Chapter 11. Possession of Retail Marijuana and Retail Marijuana Products; Prohibited Practices Generally
§ 4.1-1104. (Effective July 1, 2027) Persons to whom marijuana or marijuana products may not be sold; proof of legal age; penalties.
A. No person shall, except as otherwise permitted under Chapter 16 (§ 4.1-1600 et seq.), sell, give, or distribute any marijuana or marijuana products to any individual when at the time of such sale he knows or has reason to believe that the individual to whom the sale is made is (i) younger than 21 years of age or (ii) intoxicated. Any person convicted of a violation of this subsection is guilty of a Class 1 misdemeanor. Upon conviction of a violation of this subsection by a licensee, their employee, or their agent, the Authority shall initiate proceedings to consider the revocation of any license of such licensee that was issued by the Authority. The Board shall promulgate regulations providing for escalating civil penalties, leading up to and including the revocation of any license issued by the Authority, for repeated violations of this section by licensees, their employees, or their agents.
B. Any person who sells, except as otherwise permitted under Chapter 16 (§ 4.1-1600 et seq.), any marijuana or marijuana products to an individual who is younger than 21 years of age and at the time of the sale does not require the individual to present bona fide evidence of legal age indicating that the individual is 21 years of age or older is guilty of a violation of this subsection. Bona fide evidence of legal age is limited to any evidence that is or reasonably appears to be an unexpired driver's license issued by any state of the United States or the District of Columbia, military identification card, United States passport or foreign government visa, unexpired special identification card issued by the Department of Motor Vehicles, or any other valid government-issued identification card bearing the individual's photograph, signature, height, weight, and date of birth, or which bears a photograph that reasonably appears to match the appearance of the purchaser. A student identification card shall not constitute bona fide evidence of legal age for purposes of this subsection. Any person convicted of a violation of this subsection is guilty of a Class 3 misdemeanor.
C. No person shall be convicted of both subsections A and B for the same sale.
2026, Sp. Sess. I, c. 1.
