West Virginia alcohol laws
What West Virginia has enacted on alcohol, what each law requires, and what the bills still moving would do. West Virginia is one of 47 states that enacted an alcohol law in the 2025 and 2026 sessions.
- Bills in scope
- 48bills in scope
- Past committee
- 11past committee
- Most recent action
- 14 March 2026most recent action
Alcohol laws enacted in West Virginia
3 alcohol laws enacted in the West Virginia Legislature in the 2025 and 2026 sessions, newest first. Each links to the legislature's own page.
- HB 3513Relating to standards of liability and insurance requirements in certain civil actionsEnacted 31 July 2025
What it requires: Persons or licensees selling alcoholic beverages are not liable for damages from intoxication unless they knowingly sold to someone underage or visibly intoxicated. Those maintaining at least $1 million per occurrence and $2 million aggregate liquor liability insurance must limit past medical expense verdicts to $1 million and punitive damages to twice compensatory damages.
Underage sales and liability
- HB 2511Relating to charitable bingo and alcohol sales and consumption while such bingo is taking placesEnacted 30 July 2025
What it requires: The sale or consumption of alcoholic beverages or nonintoxicating beer is prohibited in any area where bingo is conducted, except that such sale or consumption may be permitted in areas where bingo is conducted on the premises of a fraternal beneficiary society, domestic fraternal society, veterans' organization, or volunteer fire department.
What it requires: Removes the requirement that private farmers markets or private food courts with two or more unrelated vendors must certify that all vendors have agreed to joint and several liability for violations. Removes the requirement that such venues provide written agreements acknowledging vendors are jointly and severally liable.
Underage sales and liability
Alcohol in West Virginia, by topic
Licensing and retail permits
26 bills. Enacted in 41 states.
Excise taxes and fees
7 bills. Enacted in 19 states.
Three-tier, distribution and franchise
6 bills. Enacted in 23 states.
Underage sales and liability
4 bills, 2 enacted. Enacted in 16 states.
Alcohol bills in West Virginia
The bills not yet law, furthest along first, with what each would do.
3Enacted
8Past committee
37Introduced or inactive
48 bills in scope
Past committee
8
What it would do: Removes the requirement that private wedding venues own or lease at least two acres of remotely located property, allowing them to own or lease space of any size subject to commissioner approval.
What it would do: Defines low-proof spirit alcohol products as distilled beverages containing 0.5 to 15.5 percent alcohol by volume in containers not exceeding 25 fluid ounces, and authorizes their manufacture, sale, and distribution under distillery licenses with a tax of $1.25 per gallon.
What it would do: Consolidates and reforms West Virginia alcohol licenses by eliminating certain license types, reducing fees, expanding sales privileges for retailers and manufacturers, and allowing limited sampling and growler sales for beer, wine, and hard cider.
What it would do: Repeals West Virginia Code section 60-7-8c, which previously established a special license requirement for multi-vendor private fairs and festivals.
What it would do: Allows retail liquor outlets to discount stagnant liquor products below minimum markup if documented as unsold for over two years and approved by the Commissioner, reducing the minimum markup from 115 percent to 85 percent for licensees and from 110 percent to 90 percent for the general public.
What it would do: Prohibits brewers, distributors, and retailers from labeling beer containers with designs indicating they are brewed for a particular distributor or retailer. Creates an exception allowing brewers to make private-label nonintoxicating beer for Class A licensees' one-time commemorative events, limited to 25 cases annually and subject to Commissioner approval.
What it would do: Defines low-proof spirit alcohol products as distilled spirits mixed with seltzer, juices, or other ingredients in metal cans containing 0.5% to 15.5% alcohol by volume, and establishes their manufacture, sale, and distribution under nonintoxicating beer regulations beginning July 1, 2030, with a $1.25 per gallon tax.
What it would do: Creates a Class S4N special permit allowing qualified non-profit entities to sell liquor, wine, and beer in municipally-approved private outdoor designated areas for a one-time annual fee of $1,500, with the first year fee pro-rated.
Introduced or inactive
17 of 37 shown
What it would do: Allows retail liquor licensees to wholesale ready-to-drink, low-proof distilled alcohol products (0.05% to 15.5% ABV, max 16 oz containers) to Class A and Class B retailers with a maximum 22% markup, and permits optional delivery services for orders of 25+ cases, each requiring separate $250 annual fees.
What it would do: Amends the definition of 'private wedding venue or barn' to reduce the minimum membership requirement from 100 members to 25 members and to allow the property to be not less than two acres instead of requiring a specific acreage.
What it would do: Defines low-proof spirit alcohol products as distilled beverages containing 0.5 to 15.5 percent alcohol by volume in containers not exceeding 25 fluid ounces, and authorizes their manufacture, sale, and distribution under distillery licenses with a tax of $1.25 per gallon.
What it would do: Amends West Virginia Code section 47-21-11 to remove the prohibition on offering beer, wine, spirits, or alcoholic liquor as raffle prizes, thereby authorizing raffle licensees to offer alcoholic beverages as raffle prizes.
What it would do: Establishes regulatory classifications for bars, taverns, and restaurants based on gross receipts rather than menu offerings, and requires wastewater and septic system standards to be based on business category and nationally recognized engineering standards rather than a single standard.
What it would do: Effective July 1, 2026, transfers all regulatory and enforcement responsibilities for CBD and kratom products from the Department of Agriculture to the Alcohol Beverage Control Administration Commissioner.
What it would do: Establishes regulatory framework for consumable hemp products in West Virginia, requiring licenses for manufacturers, distributors, and retailers; prohibits smokable hemp and synthetically derived cannabinoids; restricts sales to persons 21 and older; imposes 10 percent excise tax; and assigns enforcement to the Alcohol Beverage Control Administration.
What it would do: Authorizes the commissioner to issue a class T import license to foreign brewers for 30-day periods, allowing them to import and sell nonintoxicating beer for test marketing, festivals, and sampling events, with a $100 fee and a maximum of 60 days per year.
What it would do: Allows bars and other private club licensees to purchase liquor directly from distilleries or mini-distilleries located within 10 miles, in addition to their existing purchase options from the state commissioner or retail licensees.
What it would do: Amends container labeling rules for nonintoxicating beer to permit brewers and manufacturers to create private labels for Class A licensees featuring geographic locations, sporting events, or commemorative occasions, subject to commissioner approval and restrictions including a 1,000 case annual limit and prohibition on price incentives or cross-promotion.
What it would do: Amends the definition of spirits to add a new category of vintage distilled spirits (unopened original containers not owned by distilleries and unavailable from licensed wholesalers), and permits licensed distilled spirits sellers to sell vintage spirits by the drink or package upon written notice to the Alcohol Beverage Control Commission.
What it would do: Repeals state excise taxes on tobacco products and e-cigarette liquid, taxes on nonintoxicating beer, taxes on alcohol purchases and wine, and taxes on West Virginia Lottery table games licenses.
What it would do: Repeals West Virginia Code section 60-2-17b, which established the Wine and Liquor Operations Fund and operations fees.
What it would do: Increases criminal penalties for selling or furnishing alcohol to minors and for minors misrepresenting age to purchase alcohol, including higher fines and longer jail sentences across nonintoxicating beer and liquor statutes.
What it would do: Creates the Intoxicating and Nicotine Retail Licensing and Public Safety Act requiring state licenses and county permits for retailers selling vape, hemp-derived cannabinoids, kratom, and drug-test-fraud devices, with setbacks from schools, advertising bans, product testing requirements, and enforcement penalties.
What it would do: Authorizes the Alcohol Beverage Control Administration to promulgate a legislative rule relating to private clubs, specifically the rule filed July 22, 2025, modified and refiled September 11, 2025, as 175 CSR 02.
What it would do: Adds a new article to West Virginia law empowering the Alcohol Beverage Control Administration to regulate the sale of vapes and vape cartridges, requiring businesses to obtain licenses with owner and operator information and background checks, and establishing rulemaking authority for packaging, product design, and marketing restrictions.
Showing the 25 furthest along of 45. Subscribers see all of them, filtered and searchable. Bill titles link to the West Virginia Legislature's own page.
What counts as alcohol legislation
In scope: Direct-to-consumer shipping and delivery; three-tier, distribution and franchise; licensing and retail permits; excise taxes and fees; hemp and THC beverages; and underage sales and liability.
Questions
Does West Virginia have an alcohol law?
Yes. West Virginia enacted 3 alcohol laws in the 2025 and 2026 sessions, among them HB 3513, HB 2511 and HB 2054. Each is listed on this page with what it requires.
Which alcohol bills are moving in West Virginia?
8 bills not yet law have passed a committee or a chamber, the furthest along HB 5510 (passed chamber), SB 928 (passed chamber) and SB 1065 (passed chamber).
What does West Virginia legislate on most in alcohol?
Licensing and retail permits (26 bills), Excise taxes and fees (7 bills) and Three-tier, distribution and franchise (6 bills).
Are these summaries reviewed by a lawyer?
No. Which bills count as Alcohol bills, and the line on what each law requires or each bill would do, are drafted by software from the bill's own text and not reviewed by an attorney. Every bill links to the legislature's own record: read the text before relying on it. The list covers bills from the 2025 and 2026 sessions.
Other practice areas in West Virginia
- AI in West Virginia14
- Cannabis in West Virginia37
- Children's Online Safety in West Virginia9
- Cybersecurity in West Virginia9
- Data center and energy in West Virginia22
- Data Privacy in West Virginia20
- Employment in West Virginia113
- Healthcare in West Virginia199
- Insurance in West Virginia175
- Intellectual Property in West Virginia7
- Packaging and PFAS in West Virginia2
- Payments and fintech in West Virginia13
- Rental housing in West Virginia14
- Tobacco and nicotine in West Virginia31
- Transportation in West Virginia14
- All jurisdictions
Alcohol legislation in other jurisdictions
52 more currently hold bills in this tracker
- Massachusetts153
- Maryland142
- New York118
- New Jersey114
- Mississippi56
- Montana53
- Texas49
- Oklahoma44
- Michigan39
- Pennsylvania38
- Iowa36
- Virginia33
- Illinois32
- Missouri32
- California31
- Hawaii30
- Rhode Island27
- South Carolina27
- Connecticut25
- Tennessee25
- Washington25
- Florida24
- Indiana24
- New Hampshire24
- Kentucky20
- Louisiana20
- Maine18
- Alabama17
- Arkansas16
- Delaware16
- Congress16
- Minnesota15
- North Carolina15
- Nebraska15
- Arizona14
- Georgia13
- Idaho13
- Vermont13
- Kansas11
- Colorado10
- New Mexico10
- Oregon10
- District of Columbia9
- Ohio9
- South Dakota9
- Alaska7
- North Dakota6
- Nevada6
- Utah6
- Wisconsin6
- Puerto Rico3
- Wyoming3
Know when West Virginia's alcohol law changes
An alert when a bill moves, and one report a month on what changed in every state and Congress.