SB1060: Retail tobacco and hemp products; smoking by a person younger than 21 years of age, prohibitions.

Legislative Summary

Possession, etc., of retail tobacco products and hemp products intended for smoking by a person younger than 21 years of age; liquid nicotine and nicotine vapor products license; prohibitions; enforcement. Prohibits any person younger than 21 years of age from possessing any retail tobacco or hemp product intended for smoking, as those terms are defined in relevant law, with certain exceptions enumerated in the bill. The bill provides that any such product purchased or possessed by a person younger than 21 years of age (i) shall be deemed contraband and (ii) may be seized by a law-enforcement officer. Any such 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 relevant law. The bill also provides that seizure shall be the sole penalty for a violation of such prohibition and that the provisions of the bill shall not preclude prosecution under any other statute. Further, if a person does not receive a license from the Department of Taxation to sell, deal, transport, or ship liquid nicotine or nicotine vapor products to retailers in the Commonwealth, such person is subject to a penalty of $400, in addition to any other applicable taxes or fees. The bill provides that the Department of Taxation is not required pursuant to relevant law to conduct unannounced investigations of retail tobacco dealers at least once every 24 months to verify that a retail dealer is not selling retail tobacco products to persons younger than 21 years of age. Lastly, the bill requires the Department of Taxation to convene a work group consisting of the Alcoholic Beverage Control Authority, the Office of the Attorney General, the Virginia State Police, and the Department of Behavioral Health and Development Services to develop an enforcement program related to the sale of retail tobacco products or hemp products intended for smoking to individuals younger than 21 years of age. The work group's findings and recommendations are to be reported to the Chairs of the House Committees on General Laws and Appropriations and the Senate Committees on Rehabilitation and Social Services and Finance and Appropriations no later than November 1, 2025. This bill is identical to HB 1946.