B

Virginia Grade Card

Population Covered:
8,535,519
Tobacco 21 Since:
July 1, 2019
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The Preventing Tobacco Addiction Foundation evaluated all current statewide Tobacco 21 laws for their alignment with best practices that lead to effective prevention of youth initiation of tobacco and nicotine products.

Best Practice:

Health Department or Designated Agency

Virginia Enforcement:

Virginia’s Alcohol and Beverage Control Board (ABC) and Taxation Department are the designated enforcement agencies.

Best Practice:

Before distributing any tobacco product, the tobacco retailer or the tobacco retailer’s agent or employee shall verify that the purchaser is at least 21 years of age. Each tobacco retailer or tobacco retailer’s agent or employee shall examine the purchaser’s government-issued photographic identification if the purchaser appears to be under 30 years of age.

Virginia Enforcement:

ID check is required for all purchases.

Best Practice:

The primary burden for sales to underage purchasers should fall on the retailer who is profiting from the sales of the product and not the purchaser or non-management employee.

Virginia Enforcement:

Penalty is placed on the retailer and employee.

Best Practice:
Provide authority for the state, county, or municipality to inspect tobacco retailers for compliance with MLSA 21 and a mandated minimum number of annual compliance checks. Model recommends two per year for every tobacco retail establishment.
Virginia Enforcement:

Virginia mandates one compliance check per retailer every 2 years.

Best Practice:
The designated agency shall conduct compliance checks by engaging persons between the ages of 18 and 20 to enter the tobacco retail establishment to attempt to purchase tobacco products.
Virginia Enforcement:

Decoy age is not specified.

Best Practice:
A comprehensive tobacco retail license allows states and municipalities to regulate all tobacco retailers, fund enforcement programs, and create a penalty structure that suspends or revokes a license for retailers that continue to violate a MLSA 21 law.
Virginia Licensing:

As of July 1, 2024, Virginia requires all vape shops to become licensed and utilizes cigarette tax stamp licenses to monitor all other existing retail sellers of nicotine and tobacco.

Best Practice:
The fee for a tobacco retail sales license shall be set and used to cover the administrative cost for licensing administration, education and training, retail inspections, and unannounced compliance checks. The tobacco retail sales license fee should not exceed the cost of the regulatory program authorized beyond the statute/ordinance.
Virginia Licensing:

The Tax department sets an annual fee for vape shop licenses and uses this fee partially for enforcement; the state contributes funds for retailer education and enforcement, as well.

Best Practice:
An effective licensing system requires tobacco retailers to pay an annual license fee and allows it to be periodically adjusted. Fee must be adequate to cover License administration, education/training, and enforcement. An annual fee of lower than $300 is generally inadequate to fund a licensing program.
Virginia Licensing:

Virginia does not have a statewide Tobacco Retail License

Best Practice:

Establish a civil penalty structure for violations rather than a criminal penalty structure.

Virginia Penalties:

Virginia has a civil penalty structure.

Best Practice:

36 months

Virginia Penalties:

Virginia has a 36 month accrual period.

Best Practice:

1st violation = $500
2nd violation = $750 and (7) day suspension
3rd violation = $1,000 and (30) day suspension
4th violation = $1000 and (3) year suspension

Virginia Penalties:

Underage retail sales of nicotine or tobacco is punishable by civil penalties as follows:

Vape Shops:
1st violation = $1,000;
2nd violation = $5,000 and a 30-day suspension of the liquid nicotine and nicotine vapor products license.
3rd violation = $10,000 and revocation of the liquid nicotine and nicotine vapor products license, and ineligibility to possess a liquid nicotine and nicotine vapor products license for a period of three years from the date of the most recent violation.

All other Retailers of nicotine and tobacco products:

1st violation = $1,000;
2nd violation = $5,000
3rd violation = $10,000 and 30 day suspension of Retail Sales and Use Tax Exemption Certificate or OTP Distributor’s License
4th violation = revocation of Retail Sales and Use Tax Exemption Certificate or OTP Distributor’s License and ineligibility to possess any such certificate or license for a period of three years from the date of the most recent violation.

Best Practice:
An evidence-based, best practices tobacco MLSA 21 policy should focus penalties on the tobacco retailer who profits from the illegal sale rather than the youth who is likely addicted to the product. PUP laws may be unlikely to reduce youth smoking significantly.
Virginia Penalties:

Dillon’s Rule exists in Virginia, prohibiting local communities from passing stronger licensing and sales laws around nicotine and tobacco.

Best Practice:

Local governments have a critical role in reducing the deadly toll of tobacco by regulating sales and restricting retailer access to youth for to these products to prevent use and addiction.
Tobacco 21 legislation should not introduce new tobacco control preemption, nor expand existing tobacco control preemption, and instead should be used as an opportunity to assert local authority or repeal existing tobacco control preemption.

Virginia Preemption:

No specific provision concerning preemption in state law; however, local communities may not be allowed to pass stronger laws/ordinances further restricting underage access to tobacco products due to Dillon’s Rule that exists in Virginia.

Best Practice:

A comprehensive definition will cover all current, known tobacco and nicotine products, which include not only cigarettes, cigars, and smokeless tobacco, but also products like pipes, rolling papers, electronic smoking devices, and other related devices. A strong definition will also be broad enough to capture future products.

Virginia Definitions:

Virginia’s Tobacco 21 law does not include a single comprehensive definition of tobacco, but does define products separately and regulates all products within their minimum legal sales age