(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) Employee misconduct. 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)
(C) 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 division (C).