West Virginia Code § 11-17-19b

Certain tax-not-paid tobacco products declared contraband
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(a) Whenever the commissioner or any of the commissioner's authorized deputies, agents or
employees, or any law-enforcement officer in this state, discovers any tobacco products
subject to tax, as provided by this article, and upon which the tax has not been paid, as
required by this article, the tobacco products shall thereupon be considered to be
contraband, and the commissioner, or the commissioner's authorized deputye, agent or
employee, or any law-enforcement officer in this state, may immediately seize and take
possession of the tobacco products without a warrant, and the tobacco rproducts and related
property shall be forfeited to the state as provided in article seven, chapter sixty-a of this
code.
(b) Seizure of contraband shall not be considered to relieve atny person from fine or
imprisonment, as provided in section nineteen-a of this article, for any of the offenses set
forth in said section.

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