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Tobacco Under 21

W. Va. Code § 16-9A-3 — no selling or giving tobacco to anyone younger than twenty-one, checked by ID

No one may sell, give or furnish any tobacco product to a person younger than 21 years of age, verified by a driver's license, state ID or valid federal ID.

  • W. Va. Code § 16-9A-3
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Offense at the same locationThe fine
Offense at the same locationFirstThe fine$250
Offense at the same locationSecond within two yearsThe fineAt least $500, but not more than $750
Offense at the same locationThird within two yearsThe fineAt least $750, but not more than $1,000
Offense at the same locationLater, within five yearsThe fineAt least $2,000, but not more than $5,000
  • W. Va. Code § 16-9A-3

A store clerk who is not management faces non-criminal, non-monetary penalties such as education classes instead. A particular charge is a question for a licensed West Virginia attorney.

  • W. Va. Code § 16-9A-3
Sources for this section (1)
  1. W. Va. Code § 16-9A-3 — Sale or gift of tobacco products to persons younger than 21 years of age; penalties

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.

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