Learn the Virginia laws and legal penalties associated with underage alcohol, tobacco and marijuana possession and use; the health and safety risks of underage drinking and strategies for staying safe and sober.
Alcohol
What is an alcoholic beverage?
The term “alcoholic beverages” is defined in Code of Virginia § 4.1-100 as including “alcohol, spirits, wine, and beer, and any one or more of such varieties containing one-half of one percent or more of alcohol by volume, including mixed alcoholic beverages, and every liquid or solid, power or crystal, patented or not, containing alcohol, spirits, wine, or beer and capable of being consumed by a human being.” Crystallized alcohol is also included in this category and is also illegal.
At what age am I allowed to drink alcohol?
Age 21. It is illegal for any person under the age of 21 to consume, purchase, possess, or attempt to consume, purchase or possess any alcoholic beverage. (Code of Virginia § 4.1-305)
What is the penalty for someone under 21 possessing or purchasing alcohol?
According to Code of Virginia §§ 4.1-305(C), 16.1-278.9 and 16.1-278.8: It is illegal for anyone under 21 to possess any alcoholic beverage. Violators are guilty of a Class 1 misdemeanor and face a fine of up to $2,500 and/or a year in jail if convicted. At a minimum, the court will order a mandatory minimum fine of $500 or a mandatory 50 hours of community service and suspend the driver’s license or deny driving privileges for not less than six months. The court may also order substance abuse education, counseling and treatment.
What if a law enforcement officer finds alcohol in my possession?
He or she may confiscate the alcohol and charge you with being in violation of § 4.1-305 of the Code of Virginia, which makes it illegal for any person under the age of 21 to purchase, possess, or attempt to purchase or possess any alcoholic beverage.
Can I drink at home as long as it’s okay with my parents?
Virginia’s Alcohol Beverage Control law allows a person to keep and possess lawfully acquired alcoholic beverages in his residence for his personal use or that of his family. It is illegal for your parents to serve alcohol to guests in their home unless the guests are 21 years of age or older or are accompanied by a parent, guardian, or spouse who is 21 years of age or older. (Code of Virginia § 4.1-200(7))
Note the restrictions for anyone under 21 years:
a. in the residence and
b. accompanied by a parent.
Anyone, including your parents, who purchases for, or otherwise gives, provides, or assists in the provision of, alcoholic beverages to another person, knowing that the person is less than 21 years of age is guilty of a Class 1 misdemeanor. If convicted, the court may order jail time for up to 12 months and/or a fine of up to $2,500. (Code of Virginia § 4.1-306(A1))
What if someone else gives me alcohol or buys it for me?
It is illegal for any person to purchase for, or otherwise give, provide, or assist in providing alcoholic beverages for another person whom they know to be less than 21 years of age. This is a Class 1 misdemeanor and, if convicted, the court may order jail time for up to 12 months and/or a fine of up to $2,500. (Code of Virginia § 4.1-306(A1)).
What if I use a fake ID to buy alcohol?
Using a fake ID to establish a false identity or false age to purchase alcoholic beverages is a Class 1 misdemeanor and, upon conviction, you can face a fine of up to $2,500 and/or one year in jail and a mandatory minimum $500 fine or 50 hours of community service, and can lose your driver’s license for up to one year. (Code of Virginia § 4.1-305).
Can I get in trouble for having a fake ID?
Yes. It is illegal to possess, manufacture, use, or sell an altered/false driver’s license or military or university identification. It is also illegal to loan your driver’s license or identification card to another person. Persons who possess, use, or distribute fake IDs are charged with a Class 1 misdemeanor (Code of Virginia § 18.2-204.1).
What if I drink and drive?
As part of a “Zero Tolerance” policy, Virginia has enacted some of the toughest laws in the United States for minors caught driving under the influence of alcohol. Under Code of Virginia § 18.2-266.1, it is illegal for anyone under the age of 21 to operate a motor vehicle after illegally consuming alcohol. A violation is a Class 1 misdemeanor. Punishment includes loss of your driver’s license for one year from the date of conviction and a mandatory minimum fine of $500 or having to perform a minimum of 50 hours of community service.
What if I take alcohol to school?
Schools have the discretionary decision to report to law enforcement agencies offenses that involve alcohol and are required to immediately report incidents that constitute a felony offense. (Code of Virginia § 22.1-279.3:1).
You may be subject to both school disciplinary action and criminal action. This means you may be suspended from school and be required to go to court to face criminal charges.
Anyone (whether an adult or a minor) possessing or consuming alcohol on public school property can face a fine of up to $1,000 and/or six months of jail time. (Code of Virginia § 4.1-309).
What happens if a store sells beer to someone under age 21?
Under Virginia law, the clerk (seller/server) and the establishment with the license to sell alcohol (licensee) are penalized. The seller/server can receive up to $2,500 fine and/or up to 12 months in jail. For a first time offense, a licensee can be penalized up to $2,000 and/or have their ABC license suspended or revoked. (Code of Virginia §§ 4.1-304 and 4.1-305). For more information visit https://www.abc.virginia.gov/library/licenses/pdfs/licensee-responsibility-guide-2023.pdf
If someone sells alcohol to a person under the age of 21 and does not require that individual to provide bona fide evidence of legal age, the seller will be guilty of a Class 3 misdemeanor. (Code of Virginia § 4.1-304(B)).
Why are there laws prohibiting use of alcohol? It’s legal for adults. Why not teens?
Underage drinking is recognized as a major health and safety threat to youth. According to the Centers for Disease Control and Prevention:
- Underage drinking is a major cause of death from injuries among young people. Each year, excessive drinking is responsible for more than 4,000 deaths and 230,769 years of potential life lost among people under age 21. People under the age of 21 die as a result of underage drinking; this includes deaths from motor vehicle crashes, homicides, suicide, as well as hundreds from other injuries such as falls, burns, and drownings.
- Underage drinking increases the risk of committing or being the victim of a physical assault or sexual assault.
- Underage drinking plays a role in risky sexual activity.
- Underage drinking can lead to other problems. These may include bad grades in school, higher rates of school absences, run-ins with the law, and drug use.
But isn’t drinking something teens do as a “rite of passage” and part of having a good time?
Many people are unaware of the health and safety risks and think that underage drinking is a “rite of passage.” Tragically, many young people don’t survive this rite. Some clubs and organizations require drinking alcohol as part of their initiation. This is a type hazing, which is dangerous and illegal. (See “Bullying” lesson)
Alcohol contributes to teen traffic deaths and injury, and to other types of injuries and poor personal health choices. According to the National Highway Traffic Safety Administration (NHTSA):
- Car crashes are the leading cause of death for teens;
- About one third (33%) of fatal crashes involve an underage drinking driver;
- In 2022, 30% of young drivers 15 to 20 years old who were killed in crashes had a BAC of .01 g/dL or higher;
- To reduce alcohol-related fatal crashes among youth, all states have adopted a minimum legal drinking age of 21; and
- The minimum drinking age laws have saved thousands of lives.
(Source: https://www.nhtsa.gov/risky-driving/drunk-driving#age-5056)
What if I am with someone who has drunk so much he or she may need medical attention?
Seek help immediately. Unfortunately, it is possible for someone to have a life-threatening physical reaction to drugs or alcohol; this is known as an overdose. It is critical that someone who is having this sort of reaction get immediate medical attention, as that person may die if left untreated.
Under Code of Virginia § 18.2-251.03(B)(1)-(4), someone who seeks or obtains emergency medical attention for himself or for another individual because of a drug- or alcohol-related overdose in progress may be protected from being convicted for certain possession or intoxication crimes if the person reports an overdose to a firefighter, EMS personnel, or a law enforcement officer (most commonly by calling 911 for emergency medical response) or assists or provides care to the individual. To be eligible for this “affirmative defense,” the person reporting the overdose must identify themselves as being the one who reported the overdose.
Alcohol and social media
Teens sometimes post about their drinking and drug use on social media. Posting pictures of themselves in compromising scenes may hurt their reputation and opportunities for employment and education. For more information see: https://www.getsmartaboutdrugs.gov/sites/default/files/2024-01/Prescription_for_Disaster_2023_Edition.pdf
What are some strategies for staying “safe and sober?”
Teens have an important role to play in preventing and reducing underage drinking. Some suggestions:
1. You and your parents can sign what is called a “Contract for Life.” In such a contract, you agree to:
- do everything you can to avoid making decisions that jeopardize your health (such as drinking and driving or riding with someone who has been drinking); and
- call your parents if you are ever in a situation that threatens your safety.
Your parents agree to:
- provide safe, sober transportation home;
- defer discussions about the situation until it can be discussed in a calm and caring manner; and
- to not drink and drive themselves.
Samples of such pledges are on the Students Against Destructive Decisions (SADD) website (https://www.sadd.org/resources).
2. Support underage drinking prevention efforts in your school and community. These might be sponsored by organizations such as Students Against Destructive Decisions (SADD), Mothers Against Drunk Driving (MADD), or other community prevention organizations and coalitions.
3. Learn more strategies by reading some of the publications and visiting the websites listed on this website.
Tobacco & Nicotine
What is tobacco?
Tobacco is a plant whose brown-colored leaves are cured and dried. People can smoke tobacco in cigars, cigarettes, or a pipe. People can also chew tobacco or snort it as snuff.
Is tobacco a drug?
Yes, contrary to what many people believe, tobacco is a drug. By definition, a drug is a nonfood substance that can cause changes in the function of the body and/or mind. Tobacco leaves contain nicotine, a toxic substance that occurs naturally in the tobacco leaf, acting paradoxically as both a stimulant and a depressant. It causes the craving that, for many, becomes a powerful addiction. Nicotine can kill a person when taken in high concentrations all at once. Its action on the cardiovascular system, increasing cardiac output and raising blood pressure, probably contributes to the elevated risk of cardiovascular mortality in smokers.
Is vaping safer than smoking burned tobacco?
By now, most people have heard that smoking traditional burned cigarettes will kill about half of all long-time users. Many children and teens think that vaping and other types of nicotine are safer. They do seem to be somewhat safer – but they are far from safe. They often contain chemicals and metals that can damage the lungs and cause cancer, and the nicotine they deliver can be more addictive than heroin and can damage the brain, which continues to develop until about age 25.
According to the U.S. Centers for Disease Control and Prevention (CDC), inhaled products contain:
- Chemical flavorings such as diacetyl, which is linked to a serious lung disease
- Volatile organic compounds (VOCs)
- Cancer-causing chemicals
- Heavy metals such as nickel, tin, and lead
And all of these products, including pouches, contain nicotine.
At what age am I allowed to possess or buy tobacco or nicotine products?
According to Code of Virginia § 18.2-371.2 it is illegal for anyone under 21 to buy, sell or possess tobacco; vaping or nicotine or alternative nicotine products; or hemp products intended for smoking. This includes accessories such as rolling papers.
What about buying products online or from a vending machine?
If you buy tobacco or nicotine products online or from a vending machine, you are still in violation of Code of Virginia § 18.2-371.2. It is illegal to sell tobacco or nicotine products online or from a vending machine to anyone under 21 years of age.
Virginia law also prohibits sellers of liquid nicotine and vapor products to advertise products to minors. (Code of Virginia § 58.1-1021.09)
What if a law enforcement officer finds tobacco in my possession?
He or she may confiscate the tobacco and charge you with being in violation of Code of Virginia § 18.2-371.2, which prohibits anyone under 21 years of age from buying or trying to buy, or possessing any tobacco products, including but not limited to cigarettes, cigars, rolling papers, nicotine vapor products, and alternative nicotine, and hemp products.
I see signs in restaurants and offices that say “Smoke Free.” What will happen if someone smokes there?
Virginia law limits tobacco use in many public places, schools, and certain restaurants. Anyone who smokes in a designated no-smoking area and anyone who continues to smoke after being asked to refrain from smoking is subject to a civil penalty of not more than $25. Any law enforcement officer may issue a summons for violation of this law. (Code of Virginia § 15.2-2824).
How about smoking at school?
Schools are required to have policies that prohibit any usage or possession of electronic cigarettes on a school bus, on school property, or at a school-sponsored activity. (Code of Virginia § 22.1-79.5). This prohibition must be included in each school’s code of student conduct. (Code of Virginia § 22.1-279.6(H)).
What is the penalty for selling tobacco to someone under 21?
Code of Virginia § 18.2-371.2 prohibits (1) selling, (2) distributing, (3) purchasing for, or (4) knowingly permitting the purchase of any retail tobacco product or hemp product intended for smoking to a person under 21 years of age. Retail tobacco products include but are not limited to, cigarettes, cigars, rolling papers, nicotine vapor products, and alternative nicotine products, and hemp products intended for smoking. Penalties apply not only to a person but also to a retail dealer that sells tobacco products.
Violations by an individual or separate retail establishment shall be punishable by a civil penalty not to exceed $500 for the first violation, and $2,500 for subsequent violations within a three-year period. Violations by a retail dealer, shall be punishable by a civil penalty ranging from $1,000 for the first violation, up to $5,000 for a second violation and up to $10,000 and 30 days license suspension for subsequent violations, to revocation of license. (Code of Virginia § 59.1-293.12)
But isn’t trying a cigarette or vaping something teens do to “act cool or to get a little energy?”
Many people don’t realize how quickly tobacco can become an addiction – one that carries with it serious health risks.
The good news is that the number of younger Americans who smoke traditional burned cigarettes has been decreasing since the late 1990s. The bad news is that e-cigarettes (vaping) and other types of nicotine use, such as heated cigarettes and oral nicotine pouches like Zyn, have overtaken smoking. In Virginia, 19.9% of teens vape, according to Drugwatch.com’s 2024 figures.
What effect do these have on your health?
- They can damage your lungs,
- They can make you more susceptible to other diseases,
- They can cause cancer, and
- They can cause addiction, which increases anxiety and depression.
Marijuana
What is marijuana?
The term “marijuana” is defined in Virginia law as “any part of a plant of the genus Cannabis, whether growing or not, its seeds or resin; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, its resin, or any extract containing one or more cannabinoids.” (Code of Virginia § 4.1-600).
The term “marijuana products” is defined in Virginia law as “(i) products that are composed of marijuana and other ingredients and are intended for consumption, ointments, tinctures or (ii) marijuana concentrate.” (Code of Virginia § 4.1-600). This includes edibles, rubs, oils, etc.
Am I allowed to use marijuana or marijuana products?
Virginia law restricts possession and consumption of marijuana or marijuana products by those under 21 years of age, excepting a law enforcement officer when possession of marijuana is necessary in the performance of his duties. (Code of Virginia § 4.1-1105.1).
What are the penalties for using marijuana or marijuana products?
Penalties depend on the amount of marijuana possessed, the age of the possessor, and whether the crime involves possession, or sale or distribution of marijuana.
| Violations | Penalties (Code of Virginia § 4.1-1105.1) |
| Possession | |
| Possession of marijuana by juveniles | Civil penalty of no more than $25; entry and completion of a substance abuse treatment or education program; or both. |
| Possession of marijuana by persons under 21 years of age | Civil penalty of no more than $25; entry and completion of a substance abuse treatment or education program; or both. |
| Sale, distribution, or possession with intent to sell, give, or distribute (Code of Virginia § 18.2-248.1) | |
| Possession of not more than one ounce of marijuana with intent to sell or otherwise distribute | Class 1 misdemeanor – confinement in jail for up to one year and a fine up to $2,500, either or both. |
| Possession of more than one ounce to five pounds of marijuana with intent to sell or otherwise distribute |
Class 5 felony – imprisonment from one to 10 years, or at the discretion of the jury or the court trying the case without a jury, confinement in jail for up to one year and a fine of up to $2,500, either or both. |
| Possession of more than five pounds of marijuana with intent to sell or otherwise distribute | Felony punishable by imprisonment of not less than five nor more than 30 years. |
| Manufacturing marijuana, or possessing marijuana with the intent to manufacture | Felony punishable imprisonment of not less than five nor more than 30 years and a fine not to exceed $10,000. |
Felony conviction, see Code of Virginia § 18.2-10; Misdemeanor conviction, see Code of Virginia § 18.2-11
What if I take marijuana or marijuana products to school?
Schools have the discretionary decision to report to law enforcement agencies offenses that involve alcohol, marijuana, a controlled substance, imitation controlled substance, or an anabolic steroid, and are required to immediately report incidents that constitute a felony offense. (Code of Virginia § 22.1-279.3:1(A))
The student could be subject to both school disciplinary action and criminal action. Code of Virginia § 22.1-277.08 allows local school boards to consider expulsion of any student determined to have brought a controlled substance, imitation controlled substance, or marijuana onto school property or to a school-sponsored activity. This is the most serious disciplinary action that a school board can impose.
In addition to penalties imposed by the school board, a student can also be convicted of criminal offenses for possessing, using, or distributing marijuana at school. It is illegal to possess or consume any marijuana or marijuana product on school grounds during school hours or student activities. Anyone violating this law is guilty of a Class 2 misdemeanor and faces a fine of up to $1,000 and six months jail time. (Code of Virginia § 4.1-1109). It is illegal to manufacture, sell, distribute, or possess with intent to sell, give, or distribute marijuana on school grounds. Anyone violating this law is guilty of a felony punishable by imprisonment of one to five years, and a fine of $100,000. (Code of Virginia § 18.2-255.2).
What if I smoke and drive?
Similar to alcohol, you can be charged with a DUI/DUID while you are under the influence of marijuana. Code of Virginia § 18.2-266 says that it is illegal for any person to drive a car while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle; or while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle.
Additionally, it is a Class 4 misdemeanor to consume marijuana or marijuana products while driving a motor vehicle on the public highways in Virginia. It is also illegal to use or consume marijuana as a passenger in a motor vehicle being driven on the public highways in Virginia. (Code of Virginia § 4.1-1107)
What are “counterfeit edibles”?
Despite being illegal, certain distributors have been making THC (tetrahydrocannabinol) infused edibles that are packaged to look like popular candy and snack brands. THC is the main psychoactive compound in marijuana. These fake products can easily be confused with regular snacks and candy – pay close attention to notices on packaging and do not eat any products that mention cannabis or THC.
The National Poison Control Centers received over 10,000 exposure cases in a 16-month period involved with THC edibles, with 77 percent of them involving patients age 19 or younger.
According to the Substance Abuse and Mental Health Services Administration (SAMHSA), one edible can contain several times the adult dose of THC. This means a child who eats an edible can overdose and experience slow or shallow breathing, slow heart rate, and other problems. For more information visit https://www.samhsa.gov/find-help/atod/marijuana-cbd
