(Effective October 1, 2026) Prohibiting sale or distribution, etc. of tobacco and hemp products intended for smoking by persons under 21 years of age; civil penalties
Va. Code Ann. § 18.2-371.2
in effectA. As used in this section:
"Cigarette" means the same as that term is defined in § 58.1-1000 .
"Hemp product" and "hemp product intended for smoking" mean the same as those terms are defined in § 4.1-600 .
"Tobacco product" means the same as that term is defined in § 58.1-1021.01 .
B. 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 tobacco product or hemp product intended for smoking.
No person shall sell tobacco products or hemp products intended for smoking from a vending machine.
C. No person shall sell a 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.
This subsection shall not apply to mail order or internet sales, provided that the person offering the tobacco product or hemp product intended for smoking for sale through mail order or the internet (i) prior to the sale of the 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 tobacco product or hemp product intended for smoking will be released to the purchaser.
D. A violation of subsection B or C 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.
For 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.
Any attorney for the Commonwealth of the locality 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 B or C.
E. 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 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 tobacco products or hemp products intended for smoking to any person under 21 years of age is prohibited by law. Any attorney for the locality 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 locality which instituted the action.
2. 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.
3. Any attorney for the locality 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 locality which instituted the action.
F. Nothing in this section shall be construed to create a private cause of action.
G. Agents of the Virginia Alcoholic Beverage Control Authority designated pursuant to § 4.1-105 may issue a summons for any violation of this section.
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 ; 2026, cc. 1021 , 1044 ; 2026, Sp. Sess. I, c. 1 .
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://law.lis.virginia.gov/vacode/18.2-371.2/Fetched: 10/16/2026