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West VirginiaHB 54372026 Regular SessionHouseWALLET

Creating the Vape Safety Act

Sponsored By: David McCormick (Republican)

Signed by Governor

§16-9H-1§16-9H-2§16-9H-3§16-9H-4§16-9H-5§16-9H-6§16-9H-7§16-9H-8§16-9H-9§16-9H-10§16-9H-11§16-9H-12§16-9H-13§16-9H-14

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 2 benefits, 4 costs, 2 mixed.

Tight rules on vape ads and labels

Starting March 1, 2027, makers cannot sell products with candy names, cartoons, or kid‑appealing designs. Starting July 1, 2027, retailers cannot advertise, except for one exterior sign up to 18x18 inches, Helvetica or Arial, letters no taller than 3 inches, not flashing. Labels must include health warnings, age notices, ingredient lists, and maker contact info. Selling banned products brings a civil penalty of $100 per day for each offending product until removed. Breaking certain marketing or label rules brings rising penalties: first conviction at least $1,000 or up to one year; second is a felony with at least $5,000 or up to two years; third is a felony with at least $10,000 or up to three years; later convictions can mean at least 10 years in prison and fines up to $100,000.

Annual license fee for shops

A vape or smoke shop license costs $1,200 per year. Licenses issued after January 1 that expire June 30 cost half. If you renew after June 30, you must pay a $150 reactivation fee. The state splits fee money: 50% to the Agricultural Fees Fund and 50% to the Alcohol Beverage Control Enforcement Fund.

Limits on shop locations and use

A shop must be at least 300 feet from the nearest church, school, or daycare. Measure in a straight line from the shop entrance to the other property line. No one may live in a licensed shop. The Commissioner can immediately suspend operations until a residential-use violation is fixed.

Licenses and background checks for vape shops

You must have a state license to run a vape or smoke shop. Licenses cannot be transferred; a new owner must get a new license. Applicants must be U.S. citizens, give fingerprints, disclose controllers, and name a compliant manager. Convictions that relate to the license can disqualify you, but you may reapply after five years (longer for violent or sexual offenses). State Police run background checks and report results before issue or renewal. The Commissioner aims to decide complete applications within 10 working days. By getting a license, you agree to enforcement in the Commissioner’s office and Kanawha County Circuit Court.

Stronger enforcement, fines, and appeals

The Commissioner can inspect shops, act on complaints, order removal of illegal products, and issue cease‑and‑desist notices. Violations can bring fines of $100 to $500 per day, and each day is a separate offense. The Commissioner can suspend, revoke, or refuse permits and fine up to $1,000 per violation, including for alter egos or during an indictment. If no other penalty applies, a first offense is up to a $2,500 fine or 30 days in jail; a second is up to a $5,000 fine or six months. You can appeal a Commissioner action within 30 calendar days. The Commissioner may adopt rules to carry out this law.

Cigar stores exempt if no vapes

A cigar store that meets the rule’s definition and does not sell vapor products is not covered by this law. The key test is whether the store sells vapes.

No vape sales to under 21

Selling, giving, or furnishing vapes to anyone under 21 is illegal. Sellers must check a valid driver’s license, state ID, passport, or military ID. For enforcement, law‑enforcement or the Commissioner may direct a person age 18 or older to make controlled buys.

Out-of-state makers must register

Out‑of‑state vape manufacturers selling in West Virginia must register with the Secretary of State. They must appoint and keep a West Virginia agent for service of process. They must give agent details to the State Tax Commissioner and the Alcohol Beverage Control Commissioner, give 30 days’ notice before ending an agent, and name a new one at least five days before termination. If they fail to keep an agent, the Secretary of State serves as the agent.

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Sponsors & Cosponsors

Sponsor

  • David McCormick

    Republican • House

Cosponsors

  • James Robert "JB" Akers II

    Republican • House

  • Wayne Clark

    Republican • House

  • Sarah Drennan

    Republican • House

  • Bob Fehrenbacher

    Republican • House

  • Scot C. Heckert

    Republican • House

  • Jonathan Kyle

    Republican • House

  • Jordan Maynor

    Republican • House

  • Jonathan Pinson

    Republican • House

  • Evan Worrell

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 269 • No: 138

House vote • 3/13/2026

House concurred in Senate amendment and title amendment and passed bill (Roll No. 506)

Yes: 92 • No: 5

Senate vote • 3/10/2026

Passed Senate (Roll No. 414)

Yes: 34 • No: 0

House vote • 2/27/2026

Passed House (Roll No. 227)

Yes: 88 • No: 5

House vote • 2/27/2026

Amendment rejected (Roll No. 226)

Yes: 26 • No: 67

House vote • 2/27/2026

Amendment rejected (Roll No. 225)

Yes: 29 • No: 61

Actions Timeline

  1. Approved by Governor 4/1/2026

    4/1/2026House

  2. To Governor 3/25/26

    3/25/2026House

  3. House Message received

    3/14/2026Senate

  4. To Governor 3/25/2026 - Senate Journal

    3/14/2026Senate

  5. Approved by Governor 4/1/2026 - Senate Journal

    3/14/2026Senate

  6. Approved by Governor 4/1/2026 - House Journal

    3/14/2026House

  7. House received Senate message

    3/13/2026House

  8. House concurred in Senate amendment and title amendment and passed bill (Roll No. 506)

    3/13/2026House

  9. Communicated to Senate

    3/13/2026House

  10. Completed legislative action

    3/13/2026House

  11. On 3rd reading with right to amend

    3/10/2026Senate

  12. Read 3rd time

    3/10/2026Senate

  13. Committee amendment reported

    3/10/2026Senate

  14. Amendments to committee amendment adopted (Voice vote)

    3/10/2026Senate

  15. Committee amendment as amended adopted (Voice vote)

    3/10/2026Senate

  16. Passed Senate (Roll No. 414)

    3/10/2026Senate

  17. Title amendment adopted

    3/10/2026Senate

  18. Senate requests House to concur

    3/10/2026Senate

  19. On 2nd reading

    3/9/2026Senate

  20. Read 2nd time

    3/9/2026Senate

  21. Reported do pass, with amendment

    3/6/2026Senate

  22. Immediate consideration

    3/6/2026Senate

  23. Read 1st time

    3/6/2026Senate

  24. Introduced in Senate

    3/4/2026Senate

  25. To Health and Human Resources

    3/4/2026Senate

Bill Text

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