Virginia Law

Article 4. Retail Tobacco Products.

Any person who is not a retail tobacco permittee who sells any retail tobacco product except as permitted by this subtitle or, for manufacturers or distributors licensed by the Department of Taxation, purchases such products for resale pursuant to Title 58.1, is guilty of a Class 1 misdemeanor.

2026, cc. 1021, 1044.

A. Cigarettes shall be sold only in sealed packages provided by the manufacturer, with the required health warning. The proprietor of every retail tobacco establishment that offers for sale any retail tobacco product shall post in a conspicuous manner and place a sign or signs indicating that the sale of retail tobacco products to any person under 21 years of age is prohibited by law.

B. For the purpose of compliance with regulations of the Substance Abuse and Mental Health Services Administration published as 61 Federal Register 1492, the Board may promulgate regulations that allow the Board to undertake the activities necessary to comply with such regulations.

C. Agents of the Authority may issue a summons for any violation of this section. Any attorney for the locality in which an alleged violation of this section occurred may enforce this section 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 locality which instituted the action.

D. Nothing in this section shall be construed to create a private cause of action.

2026, cc. 1021, 1044.

A. No person shall sell or distribute at retail or offer for retail sale or distribution a liquid nicotine container in the Commonwealth unless such liquid nicotine container meets child-resistant packaging standards.

B. Any person who sells or distributes at retail or offers for retail sale or distribution a liquid nicotine container in the Commonwealth that he knows or has reason to know does not satisfy the child-resistant packaging standards required by this section is guilty of a Class 4 misdemeanor. However, no person shall be guilty of a violation of this section who relies in good faith on any information provided by the manufacturer of a liquid nicotine container that such container meets the requirements of this section.

C. The provisions of this article do not apply to any manufacturer or wholesaler of liquid nicotine containers who sells or distributes a liquid nicotine container, provided that any such liquid nicotine container sold or distributed is intended for use outside of the Commonwealth.

D. The provisions of subsection A shall be null, void, and of no force and effect upon the effective date of either enacted federal legislation or final regulations issued by the U.S. Food and Drug Administration or by any other federal agency where such legislation or regulations mandate child-resistant packaging for liquid nicotine containers.

E. The provisions of this section with respect to retail sales, retail establishments, and offers for retail sales shall only apply to retail sales or offers at retail of liquid nicotine containers before July 1, 2024.

2026, cc. 1021, 1044.

Any person who buys retail tobacco products from any person other than a retail tobacco permittee authorized under this subtitle is guilty of a Class 1 misdemeanor.

2026, cc. 1021, 1044.

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.

2026, cc. 1021, 1044.

A. No person younger than 21 years of age shall possess any retail tobacco product. The provisions of this section shall not apply to the possession of retail tobacco products by a person younger than 21 years of age (i) making a delivery of retail tobacco products in pursuance of his employment or (ii) as part of a scientific study being conducted by an organization for the purpose of medical research to further efforts in cigarette and tobacco use prevention and cessation and tobacco product regulation, provided that such medical research has been approved by an institutional review board pursuant to applicable federal regulations or by a research review committee pursuant to Chapter 5.1 (§ 32.1-162.16 et seq.) of Title 32.1. This subsection shall not apply to the possession of any retail tobacco product by a law-enforcement officer or his agent when the same is necessary in the performance of his duties.

B. Any retail tobacco product possessed in violation of this section shall be deemed contraband and may be seized by a law-enforcement officer. Any such retail tobacco product, the lawful possession of which is not established, seized by such officer shall be forfeited and disposed of according to the process described in subdivision A 2 of § 19.2-386.23.

C. The seizure of contraband pursuant to subsection B shall be the sole penalty for a violation of this section.

D. The provisions of this section shall not preclude prosecution under any other statute.

2026, cc. 1021, 1044.

A. Any person who purchases for, or otherwise gives, provides, or assists in the provision of retail tobacco products to another person, when he knows or has reason to know that such person is younger than 21 years of age, except (i) where possession of the retail tobacco products by a person younger than 21 years of age is due to such person's making a delivery of retail tobacco products in pursuance of his employment or (ii) as part of a scientific study being conducted by an organization for the purpose of medical research to further efforts in cigarette and tobacco use prevention and cessation and tobacco product regulation, provided that such medical research has been approved by an institutional review board pursuant to applicable federal regulations or by a research review committee pursuant to Chapter 5.1 (§ 32.1-162.16 et seq.) of Title 32.1. This subsection shall not apply to the possession of any retail tobacco product by a law-enforcement officer or his agent when the same is necessary in the performance of his duties.

B. A violation of subsection A by an individual is punishable by a civil penalty in the amount of $100. 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.

C. Any retail tobacco products purchased or possessed in violation of this section shall be deemed contraband and may be seized by a law-enforcement officer. Any such retail tobacco product, the lawful possession of which is not established, seized by such officer shall be forfeited and disposed of according to the process described in § 19.2-386.37

2026, cc. 1021, 1044.