1. OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Alcohol and Tobacco
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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Lesson goal
ALCOHOL AND TOBACCO
To improve students’understanding of the seriousness of
underage drinking and tobacco use, and penalties
associated with violating Virginia laws prohibiting
underage use of alcohol and tobacco.
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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Students will learn:
ALCOHOL AND TOBACCO
• That underage drinking is a serious health and safety
threat to young people
• Virginia laws restricting underage alcohol possession
and use
• Strategies for staying safe and sober
• Virginia laws restricting underage tobacco possession
and use
• Penalties associated with violating the related laws
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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Health and safety risks, expense
ALCOHOL AND TOBACCO
• People tend to underestimate or minimize the dangers of
underage drinking: Underage drinking is a serious threat
to the health and safety of young people.
• The fallout from underage drinking is also very costly.
• Given the harm and expense caused by underage
drinking, it’s not hard to understand why there are laws
restricting alcohol use.
Refer to Lesson Handout “Underage Drinking: Dangerous
and Expensive”
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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Good Samaritan Law
ALCOHOL AND TOBACCO
Drinking excessive amounts of alcohol can cause a life-
threatening overdose. People may not call for vital medical
help because they don’t want to get in trouble themselves.
But under the Good Samaritan Law, if a person:
• reports an overdose to a firefighter, EMS personnel or law
enforcement (usually by calling 911) and
• identifies themselves as the one reporting the overdose
They are eligible for “affirmative defense” and may be
protected from being convicted for certain possession or
intoxication crimes. (Code of Virginia § 18.2-251.03)
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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Alcohol – definition
ALCOHOL AND TOBACCO
“Alcoholic beverages” under the law includes:
“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, patented or not, containing alcohol,
spirits, wine, or beer and capable of being consumed by a
human being.” (Code of Virginia § 4.1-100.)
It is illegal to purchase, possess, offer for sale or use, sell, or
use a powdered or crystalline alcoholic product. This is a
Class 1 misdemeanor. (Code of Virginia § 4.1-302.2)
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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Alcohol – age restrictions
ALCOHOL AND TOBACCO
It is illegal for any person under the age of 21 to
purchase, possess, or attempt to purchase or
possess any alcoholic beverage. (Code of Virginia
§ 4.1-305)
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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Alcohol – penalties
ALCOHOL AND TOBACCO
Penalties
• Include fines, driver’s license suspension, and
community service. (Code of Virginia § 4.1-305)
• Upon conviction for purchasing, possessing, or
attempting to purchase or possess any alcoholic
beverage, a person under the age of 21 may be found
guilty of a Class 1 misdemeanor.
• He/she may face a fine of up to $2,500 and/or a year
in jail and/or 50 hours of community service, and can
lose his/her driver’s license for up to a year. The court
may also order substance abuse counseling and
treatment.
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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Providing alcohol to minors
ALCOHOL AND TOBACCO
Anyone 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.
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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Fake IDs
ALCOHOL AND TOBACCO
• Using a fake ID is a Class 1 misdemeanor.
• Possessing a fake ID is also a violation of law.
• It is also illegal to loan your driver’s license or
identification card to another person.
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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Drinking and driving
ALCOHOL AND TOBACCO
• As part of a “Zero Tolerance” policy, Virginia has some of
the toughest laws in the U.S. for minors caught driving
under the influence of alcohol.
• Code of Virginia § 18.2-266.1 makes it 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.
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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Alcohol at school
ALCOHOL AND TOBACCO
• If a student takes alcohol to school, he or she will be
subject to both school disciplinary action and criminal
action.
• 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 six months jail time.
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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Staying safe and sober
ALCOHOL AND TOBACCO
• You have learned about the harm that results from
underage drinking and about the key Virginia laws
designed to restrict and penalize underage alcohol
possession and use.
• You have an important role to play in preventing and
reducing underage drinking.
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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Staying safe and sober, cont.
ALCOHOL AND TOBACCO
Contract for Life
• You agree to:
o Avoid making decisions that jeopardize your health
o Call your parents if you are ever in a situation that
threatens your safety
• Your parents agree to:
o Provide safe, sober transportation home
o Defer discussions
o Support prevention efforts
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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Tobacco – dangers
ALCOHOL AND TOBACCO
• Contrary to what many people believe, tobacco is a drug,
and contains a complex mixture of chemicals that affect
the body in many ways.
• Nicotine is one of the main ingredients in tobacco. It is the
substance that causes tobacco craving and a variety of
health problems.
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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Tobacco – dangers, cont.
ALCOHOL AND TOBACCO
Cigarette smoking causes serious health problems among
children and teens, including:
• Coughing
• Shortness of breath
• More frequent headaches
• Increased phlegm (mucus)
• Respiratory illnesses
• Worse cold and flu symptoms
• Reduced physical fitness
• Poor lung growth and function
• Worse overall health
• Addiction to nicotine
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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Tobacco – Virginia laws
ALCOHOL AND TOBACCO
Virginia law restricts access to tobacco to those over 21
years of age, with the exception of active duty milatery
personnel. (Code of Virginia § 18.2-371.2)
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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Tobacco – penalties
ALCOHOL AND TOBACCO
If anyone under 21 purchases or possesses any tobacco
product – even from a vending machine – including items
such as cigarettes, cigars, bidis, rolling papers, nicotine
vapor products, and alternative nicotine products, they may
be punishable by:
• A civil penalty not to exceed $100 for the first violation,
and $250 for subsequent violations.
• Up to 20 hours of community service for a first violation
and up to 40 hours of community service for a subsequent
violation. (Code of Virginia § 18.2-371.2 (D))
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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Tobacco – other laws
ALCOHOL AND TOBACCO
Other laws govern tobacco use:
• Virginia law limits tobacco use in schools, certain
restaurants, and many public places, regardless of the
age of the user.
• 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. (Code of
Virginia § 15.2-2824)
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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Tobacco – recap
ALCOHOL AND TOBACCO
• It is illegal for any person under the age of 21 to
purchase, attempt to purchase, or possess any tobacco
product, including rolling papers.
• It is illegal for stores to sell tobacco products to anyone
under 21 years of age.
• Regardless of the user’s age, Virginia laws limit tobacco
use in many public places, in schools, and in restaurants.
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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Review and recap
ALCOHOL AND TOBACCO
You have learned:
• That underage drinking is a serious health and safety
threat to young people.
• That there are Virginia laws restricting underage alcohol
possession and use, laws about others providing alcohol
to those underage, and laws about using or even
possessing fake IDs.
• That Virginia’s “zero tolerance” laws carry serious
penalties for drinking and driving.
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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Review and recap, cont.
ALCOHOL AND TOBACCO
• That the Good Samaritan Law offers some protection to
those who get help for someone in danger from an
alcohol or drug overdose
• Some strategies for staying safe and sober.
• That tobacco use poses a serious health threat to young
people.
• That there are laws restricting the possession of tobacco
products by persons under age 21 and laws against
selling such products to those under age 21.
