Title 4.1. Alcoholic Beverage and Cannabis Control
Chapter 3. Prohibited Practices; Penalties; Procedural Matters
§ 4.1-359. (Effective October 1, 2026) Persons to whom retail tobacco products may not be sold; proof of legal age; civil penalty.
A. No person shall sell to 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 products. No person shall sell retail tobacco products from a vending machine.
B. 1. No person shall sell a retail tobacco product 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.
2. Before a retail tobacco permittee 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 verifying the identification presented using identification fraud detection software, technology, or a scanner that confirms the authenticity of such identification.
3. This subsection shall not apply to mail order or internet sales, provided that the person offering the retail tobacco product for sale through mail order or the internet (i) prior to the sale of the retail tobacco product 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 is released to the purchaser.
C. A violation of subsection A or B by an individual is punishable by a civil penalty in the amount of $1,000 for a first violation, a civil penalty in the amount of $5,000 for a second violation within a three-year period, or a civil penalty in the amount of $10,000 for a third or subsequent violation within a three-year period. Such civil penalty shall not preclude the Board from taking administrative action against a retail tobacco permittee for the conduct of his agent or employee who violates subsection A or B. If applicable, upon a second or subsequent violation within a three-year period, the Board may suspend or revoke any retail tobacco permit issued pursuant to this subtitle.
D. 1. The Board shall conduct an unannounced underage buyer operation at least once every 24 months to verify that the retail tobacco permittee is not selling retail tobacco products to persons younger than 21 years of age. If the Board determines that the retail tobacco permittee has violated the provisions of this section, the Board shall conduct an additional underage buyer operation of the retail tobacco permittee within six months of a Board order substantiating such violation.
2. The Board shall provide an annual report, beginning December 1, 2026, to the General Assembly on the efficacy of such unannounced underage buyer operation to verify that each retail tobacco licensee is not selling retail tobacco products to persons younger than 21 years of age.