(a) Sale or gift of tobacco to persons under 18. No person, firm, corporation or business entity may sell, give or furnish, or cause to be sold, given or furnished, to any person under the age of 18 years:
(1) Any pipe, cigarette paper or any other paper prepared, manufactured or made for the purpose of smoking any tobacco or tobacco product;
(2) Any cigar, cigarette, snuff, chewing tobacco or tobacco product, in any form; or
(3) Any tobacco-derived product, alternative nicotine product or vapor product.
(b) Penalty. Any firm or corporation that violates any provision of subsection (a) above and any individual who violates any provision of subsection (a) above shall be fined $50 for the first offense. Upon any subsequent violation at the same location or operating unit, the firm, corporation or individual shall be fined as follows: at least $250 but not more than $500 for the second offense, if it occurs within two years of the first conviction; at least $500 but not more than $750 for the third offense, if it occurs within two years of the first conviction; and at least $1,000 but not more than $5,000 for any subsequent offense, if the subsequent offense occurs within five years of the first conviction.
(c) Fine. Any individual who knowingly and intentionally sells, gives or furnishes or causes to be sold, given or furnished to any person under the age of 18 years any cigar, cigarette, snuff, chewing tobacco, tobacco product or tobacco-derived product, in any form, for the first offense shall be fined not more than $100; upon conviction thereof for a second or subsequent offense shall be fined not less than $100 and not more than $500.
(d) Employer-employee action. Any employer who discovers that his or her employee has sold or furnished tobacco products or tobacco-derived products to minors may dismiss such employee for cause. Any such discharge shall be considered as “gross misconduct” for the purposes of determining the discharged employee’s eligibility for unemployment benefits in accordance with the provisions of W.Va. Code § 21A-6-3 if the employer has provided the employee with prior written notice in the workplace that such act or acts may result in their termination from employment.
(W.Va. Code § 16-9A-2)
(e) Use or possession of tobacco or tobacco-derived products by persons under the age of 18 years. No person under the age of 18 years shall have on or about his or her person or premises or use any cigarette, or cigarette paper or any other paper prepared, manufactured or made for the purpose of smoking any tobacco products, in any form; or, any pipe, snuff, chewing tobacco, tobacco product or tobacco-derived product; provided, that minors participating in the inspection of locations where tobacco products or tobacco-derived products are sold or distributed pursuant to W.Va. Code § 16-9A-7 shall not be deemed to violate the provisions of this subsection (e). Any person violating the provisions of this subsection (e) shall for the first violation be fined $50 and be required to serve eight hours of community service; for a second violation, the person shall be fined $100 and be required to serve 16 hours of community service; and for a third and each subsequent violation, the person shall be fined $200 and be required to serve 24 hours of community service. Notwithstanding the provisions of W.Va. Code § 49-4-701, the Magistrate Court has concurrent jurisdiction.
(W.Va. Code § 16-9A-3)