Virginia § 45.2-856 - Smoking materials prohibited; penalty

Full text of Virginia Code of Virginia § 45.2-856 — Smoking materials prohibited; penalty, with citation guidance and answers to common questions.

§ 45.2-856. Smoking materials prohibited; penalty

A. No miner or other person shall smoke or carry or possess underground any smoker's articles or any match, lighter, or similar material generally used for igniting smoker's articles. Violation of this subsection is a Class 6 felony.

B. Each operator shall institute a smoker search program, approved by the Chief, to ensure that no person entering the underground area of the mine carries any smoking material, match, or lighter.

C. Any person entering or present in any underground area of a coal mine shall, by his entry into such underground area of the mine, be subject to a search of his person, including any personal property that is in any underground area of the mine at any time he is underground. Such search shall be conducted at the direction of the Chief by employees of the Department. It shall be limited in scope to the person and property of the person present underground at the time of the search and shall be for the purpose of enforcing the provisions of this section.

D. This section shall not prohibit the possession of equipment used solely for the operation of a flame safety lamp or for welding or cutting.

1993, c. 389, § 45.1-98.1; 1994, c. 28, § 45.1-161.177; 1995, c. 569; 2021, Sp. Sess. I, c. 387.

Source: official Virginia text · Last verified 2026-08-27

Frequently Asked Questions About Virginia § 45.2-856

What does Code of Virginia § 45.2-856 cover?

Section 45.2-856 ("Smoking materials prohibited; penalty") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Virginia § 45.2-856?

A common citation format is "Code of Virginia § 45.2-856" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Virginia law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.

How does Virginia § 45.2-856 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.