West Virginia tobacco and nicotine laws

What it would do: Creates licensing requirements for vape and smoke shops, establishes a vapor product directory requiring FDA authorization, prohibits certain product marketing and locations near schools, and sets criminal and civil penalties for violations.

What it would do: Creates an e-cigarette and e-cigarette liquid directory requiring manufacturers to obtain FDA marketing authorization and submit annual certifications with $100 per product fees. Prohibits sale of unlisted products beginning September 1, 2026, and imposes civil penalties of $100 per day for violations.

What it would do: Establishes location, operating, and advertising requirements for vape and smoke shops, including prohibiting shops within 5,280 feet of schools, parks, libraries, and other facilities, restricting signage to flat wall-mounted signs not exceeding 30 square feet, and authorizing county health departments to inspect, enforce compliance, and impose fines of $100 to $500 per violation.

What it would do: Increases cigarette excise tax from $1.20 to $2.70 per 20 cigarettes and tobacco product tax from 12% to 51% of wholesale price, effective July 1, 2026. Adds electronic smoking devices to taxable tobacco products, dedicates 10% of revenue to tobacco prevention, and repeals tax stamp discounts.

What it would do: Increases the excise tax on cigarettes from $1.20 to $2.70 per 20 cigarettes effective July 1, 2026, and increases the tax on other tobacco products from 12 percent to 51 percent of wholesale price, while dedicating 10 percent of collected revenue to tobacco prevention and repealing tax stamp discounts.

What it would do: Amends West Virginia law to permit law enforcement to issue a citation to students enrolled in public schools or public charter schools who possess nicotine products, including electronic smoking devices and tobacco products, at school or associated school activities.

What it would do: Imposes a three cents per milligram excise tax on electronic cigarette products, with fallback presumptions of 40 milligrams for closed systems and 6 milligrams per milliliter for open systems. Dedicates all net revenues to the Public Employees Insurance Agency to reduce or stabilize employee premium costs.

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: Amends West Virginia tobacco law to establish penalties for adults who purchase tobacco products for underage children, including fines up to $2,500 and jail time up to 60 days for third or subsequent offenses.

What it would do: Levies a $1.00 user fee on each 20 cigarettes sold in counties that currently provide countywide emergency medical services with an operational levy, effective July 1, 2025, and creates a special revenue fund to receive and expend these fees for emergency medical services.

What it would do: Creates a comprehensive regulatory system for vapor products in West Virginia, requiring licenses to sell or distribute them, establishing a product registry, prohibiting sales to those under 21, and imposing civil and criminal penalties for violations.

What it would do: Prohibits retailers from selling electronic cigarettes, tobacco products, or alternative nicotine products to persons under 21 years of age, requiring government-issued photo ID verification for in-person sales and third-party age verification for online sales, with criminal penalties of $250 for first offense and up to $5,000 for subsequent violations.

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: Effective July 1, 2026, changes the excise tax on e-cigarettes and vaping devices from 50 percent to 50 percent of sale price, taxes e-cigarette liquid at 50 percent of sale price instead of 7.5 cents per milliliter, and increases the penalty for late report filing from $25 to $500 per month.

What it would do: Makes it unlawful for any person under 21 to possess or use tobacco products, with penalties ranging from $50 and 8 hours community service for first offense to $200 and 24 hours for third and subsequent offenses. Exempts individuals under 21 assisting in tobacco compliance inspections.

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.

What it would do: Requests the Joint Committee on Government and Finance study smoke shops in West Virginia, including the sale of legal and illegal tobacco, nicotine, CBD, kratom, and cannabis products to minors, and report findings and recommendations to the 2026 regular session.

What it would do: Prohibits retailers from selling unauthorized electronic smoking devices and requires manufacturers and wholesalers to sell only FDA-authorized devices. Establishes fines, penalties, and a noncompliance database for violations.

What it would do: Increases the excise tax on cigarettes from $1.20 to $2.70 per 20 cigarettes and on other tobacco products from 12 percent to 51 percent of wholesale price, effective July 1, 2025, adds electronic smoking devices to taxable tobacco products, dedicates 10 percent of revenue to tobacco prevention, and repeals tax stamp discounts.

What it would do: Levies a $1.00 user fee on each 20 cigarettes sold in counties that currently provide countywide emergency medical services with an operational levy, effective July 1, 2025, and creates a special revenue fund to receive and expend these fees for emergency medical services.

What it would do: Prohibits retailers from selling unauthorized electronic smoking devices and requires manufacturers and wholesalers to sell only FDA-authorized devices. Establishes fines, penalties, and a tobacco noncompliance database to track violations by manufacturers, wholesalers, and retailers.

What it would do: Prohibits selling or giving vapor products to anyone under 18, making it a misdemeanor with fines of $2,500 for individuals and $10,000 plus 60-day business closure for firms or corporations.

What it would do: Creates regulations for vape and smoke shops including location restrictions of 5,280 feet from schools, parks, libraries, and other facilities; establishes sign requirements; requires permits from county health departments; and authorizes fines of $100 to $500 for violations.

What it would do: Creates an ENDS product directory requiring manufacturers to certify FDA market authorization by August 1, 2025, and annually thereafter, with $100 per product fees. Prohibits sale of unlisted ENDS products in West Virginia after October 1, 2025, and establishes civil penalties up to $500-$1,500 per product for retailers and $10,000 per product for manufacturers selling non-compliant products.

What it would do: Prohibits retail licensees from selling electronic smoking devices outside original packaging, to persons under 21 or visibly impaired, during unauthorized hours, or with altered labeling. Establishes misdemeanor penalties of $100-$5,000 fine and/or 30 days to one year imprisonment. Requires vape shops to coordinate with state health and agriculture departments on safety standards.