{"data":{"id":"us-wv/w.-va.-code-16-9a-11","jurisdiction":"us-wv","citation":"W. Va. Code § 16-9A-11","heading":"Smoking prohibited in motor vehicle while a person 16 years of age or less is present; penalty.","body":"(a) As used in this section:\n(1) \"Lit tobacco product\" means any lighted pipe, cigarette, cigar, or other lighted device or product containing a tobacco-based product manufactured or made for the purpose of smoking.\n(2) \"Motor vehicle\" means a Class A, Class B, Class H, or Class J vehicle as those terms are defined in §17A-10-1 of this code.\n(b) No person who is 18 years of age or older may smoke or possess a lit tobacco product in a motor vehicle if an individual 16 years of age or less is in the motor vehicle.\n(c) Any person who violates this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than $25. No court costs or other fees may be assessed for a violation of this section.\n(d) Enforcement of this section may only be accomplished as a secondary action when a driver of a vehicle, as defined in this section, has been detained for probable cause of violating another section of this code.\n(e) Each time a driver of a vehicle is detained for probable cause of violating another provision of this code and is cited for the offense created pursuant to this section, it shall be considered a single offense regardless of the number of individuals 16 years of age or less in the motor vehicle.","path":["CHAPTER 16. PUBLIC HEALTH.","ARTICLE 9A. TOBACCO USAGE RESTRICTIONS."],"source_url":"https://code.wvlegislature.gov/16-9A-11/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:23:28Z","sha256":"eb994b0943eb0cb67156da2606d9123026f14b0441241d7017e2a7b242e722d6","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-16-9a-10","next":"us-wv/w.-va.-code-16-9b-1"},"notice":"GroundRules: Original legal text. Not legal advice."}