All Roll Calls
Yes: 570 • No: 104
Sponsored By: Patrick A. Hope (Democratic)
Became Law
Virginia Alcoholic Beverage Control Authority; permitting of retail tobacco product retailers; purchase, possession, and sale of retail tobacco products; penalties; report. Transitions and provides a more comprehensive structure for the current licensing and enforcement responsibilities related to liquid nicotine and retail tobacco products from the Department of Taxation to a permitting system administered by the Virginia Alcoholic Beverage Control Authority. The bill requires the Board of Directors of the Virginia Alcoholic Beverage and Control Authority to conduct an unannounced buyer operation at least once every 24 months to verify a permittee, defined in the bill, is not selling retail tobacco products to persons under 21 years of age. Portions of the bill have a delayed effective date of October 1, 2026. This bill is identical to SB 620.
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21 provisions identified: 2 benefits, 13 costs, 6 mixed.
If you handle liquid nicotine or vape products, you must keep related invoices and records for three years. The Attorney General can audit anytime. If you refuse to preserve or show required nicotine records, you can be charged with a Class 2 misdemeanor and fined $1,000 for each day you do not cooperate. All retail sellers must also keep accurate purchase, price, supplier, and invoice records, with electronic records retrievable on request.
The Board can suspend or revoke permits for many reasons, including rule violations, illegal gambling devices, fraud, or being 90+ days late on taxes. Fines can be up to $2,000 for a first violation and $5,000 for a second, or $3,000/$6,000 if you sold to someone barred from buying. The Board may recover investigative costs up to $25,000 and must give notice and let you see evidence. Agents can inspect stores and records during 9 a.m.–5 p.m. or posted hours; you must provide off‑site records within 24 hours. Refusing inspection can be a Class 2 misdemeanor. Seized stock after permit loss must be disposed of within 60 days or is forfeited. The Board can levy civil penalties, and the Tax Commissioner must share retailer data with the Board.
Beginning December 31, 2025, stores may sell liquid nicotine or vape products only if the exact product appears on the Attorney General’s public directory. Violations face $1,000 per day per product, plus civil penalties of at least $5,000, $10,000, and $15,000 for first, second, and third violations. Products not on the list are contraband and can be seized and destroyed. After the AG first posts the directory, retailers get 60 days to sell or remove nonlisted stock; if a listed product is later removed, retailers have 30 days to sell or return it. Investigators can run compliance checks and access retailer records for trafficking cases, and sales ordered online may be delivered only to a retail dealer. Nonresident manufacturers must appoint a Virginia agent for legal service to be listed.
A mixed‑beverage casino licensee must pay any ABC enforcement costs that are higher than the state license fee. The law does not explain how those extra costs are calculated.
Tobacco distributors must get a license for each location. Applicants face background checks and fingerprints, and possibly an FBI check. The Department can charge up to $750 for each application or renewal and can deny or revoke for listed offenses or fraud.
Anyone selling cigars or pipe tobacco to Virginia buyers from afar must get a remote retail seller license. If you meet economic‑nexus thresholds, you must register, collect, and pay excise tax. You must use an independent third‑party age check tied to government‑ID databases. Shippers must file monthly shipment reports, and delivery licensees must keep delivery records for two years and submit records monthly when excise tax is due, with quick turnaround on requests. Sellers who use the actual‑cost method must certify and update SKU cost lists.
Local governments may bar tobacco and hemp smoking product shops within 1,000 feet of a school or child day center. Existing shops open before July 1, 2024, and certain licensees keep operating. New locations must follow local limits.
By December 31, 2025, and every year after, manufacturers must certify each nicotine product sold in Virginia. You must show FDA authorization or that the product was on the U.S. market by August 8, 2016, or had a PMTA filed by September 9, 2020. Pay $5,000 per product for the first certification or resubmission and $2,500 per product each year to recertify. Report material changes within 30 days. False statements are a Class 3 misdemeanor.
Sellers may not sell tobacco or hemp smoking products to anyone under 21. They must check photo ID for anyone who looks under 30 and follow verification steps; vending machines cannot sell tobacco. Stores pay $500 for a first under‑21 sale and $2,500 for later violations within three years, and an employee who sells pays $100. People under 21 may not possess these products, and anyone who buys or gives them to a minor faces a $100 civil penalty. Liquid nicotine containers must be child‑resistant. Stores must keep cigarettes and hemp smoking products in sealed manufacturer packages and post signs that under‑21 sales are banned.
You must apply before selling tobacco and sign a sworn form. Pay a nonrefundable application fee of $400, or $300 if you already hold an ABC alcohol license. The Board will not issue the permit until you pay the permit fee. Each location needs its own posted permit. Permits last one year, with an annual renewal fee set by the Board and late penalties if you pay late. Background checks and fingerprints are required, you must keep your information current, and owners are responsible for workers’ violations. Temporary permits can keep a store open during a foreclosure or contract transfer for set periods and fees. The Board may set permit fees and can grant, suspend, or revoke permits.
The Board can deny a retail tobacco permit for many reasons, including certain felonies, false statements, bad premises, recent violations, or seized stock. Permits cannot be transferred to a new owner or a new location, and holding a permit does not erase other state or local taxes and fees. Selling tobacco without a permit is a Class 1 misdemeanor. The Board can use retailer data for underage‑sales enforcement but cannot share it widely; improper sharing is a Class 2 misdemeanor.
Beginning July 1, 2026, breaking the Medical Debt Protection Act counts as a consumer protection violation. This gives patients stronger tools and remedies under Virginia’s Consumer Protection Act.
Law enforcement and the ABC Authority can seize, destroy, or forfeit counterfeit cigarettes and related equipment. Undercover operations must keep counterfeit goods under law‑enforcement control and not release them to the public.
It is a Class 1 misdemeanor to buy retail tobacco products from anyone who is not an authorized retail tobacco seller.
ABC runs unannounced underage buyer checks at least once every 24 months. After a proven under‑21 sale, ABC runs another check within six months. You must sell cigarettes only in sealed manufacturer packages with health warnings and post signs that under‑21 sales are illegal. Localities can seek a civil penalty up to $500 for packaging or signage violations. Retail dealers must also attest they trained employees on the law, IDs, and penalties.
Licensed alcohol manufacturers, bottlers, and wholesalers must keep full, separate records of alcohol they buy, make, bottle, sell, or ship. They must also keep required tax information as the Board’s rules require.
The Board can set minimum food‑sales requirements for retail licensees. Stores may need to meet those levels to keep their license.
Before a first delivery sale to a consumer, sellers must get a signed age and address form and verify age. Verification must use a database with date of birth or an image of a government ID. Sellers must give the required notice and take payment only by a card in the buyer’s name or a check from the buyer’s account.
The law creates a Retail Tobacco Enforcement Fund to pay for permits and unannounced compliance checks. The Virginia ABC and the Attorney General must sign an agreement by July 1, 2026 to coordinate enforcement and use license and penalty money. The Board must adopt implementing rules by December 1, 2026 with at least 60 days’ public notice. Parts of the act take effect October 1, 2026, and several older Code sections are repealed.
The state liquor board can set and change its fees and charges to cover its expenses. It can accept and spend grants and other funds as allowed by law. The board may buy, import, and sell distilled spirits (not beer or farm‑winery wine).
Selling a liquid nicotine container you know is not child‑resistant is a Class 4 misdemeanor. Good‑faith reliance on manufacturer info is a defense. Containers for use outside Virginia are exempt, and the state rule ends if a federal mandate takes effect. Some retail rules for liquid nicotine only apply to sales before July 1, 2024.
Patrick A. Hope
Democratic • House
There are no cosponsors for this bill.
All Roll Calls
Yes: 570 • No: 104
Senate vote • 4/22/2026
Senate concurred in Governor's recommendation
Yes: 37 • No: 2
House vote • 4/22/2026
House concurred in Governor's recommendation Block Vote
Yes: 99 • No: 0
House vote • 3/14/2026
Conference report agreed to by House
Yes: 94 • No: 2
Senate vote • 3/13/2026
Conference report agreed to by Senate
Yes: 37 • No: 2
Senate vote • 3/11/2026
Senate insisted on substitute Block Vote
Yes: 40 • No: 0
House vote • 3/10/2026
Senate substitute rejected by House
Yes: 1 • No: 97
Senate vote • 3/9/2026
Rehabilitation and Social Services Substitute rejected
Yes: 0 • No: 0
Senate vote • 3/9/2026
Finance and Appropriations Substitute agreed to
Yes: 0 • No: 0
Senate vote • 3/9/2026
Passed Senate with substitute Block Vote
Yes: 40 • No: 0
Senate vote • 3/5/2026
Constitutional reading dispensed Block Vote (on 2nd reading)
Yes: 39 • No: 0
Senate vote • 3/5/2026
Passed by for the day Block Vote (Voice Vote)
Yes: 0 • No: 0
Senate vote • 3/4/2026
Reported from Finance and Appropriations with substitute
Yes: 15 • No: 0
Senate vote • 2/27/2026
Reported from Rehabilitation and Social Services with substitute and rereferred to Finance and Appropriations
Yes: 15 • No: 0
House vote • 2/17/2026
Read third time and passed House
Yes: 95 • No: 0
House vote • 2/13/2026
Reported from Appropriations with amendment(s)
Yes: 22 • No: 0
House vote • 2/13/2026
Subcommittee recommends reporting with amendment(s)
Yes: 7 • No: 0
House vote • 2/5/2026
Reported from General Laws with substitute and referred to Appropriations
Yes: 21 • No: 0
House vote • 2/3/2026
Subcommittee recommends reporting with substitute and referring to Appropriations
Yes: 8 • No: 1
Senate concurred in Governor's recommendation (37-Y 2-N 0-A)
House concurred in Governor's recommendation Block Vote (99-Y 0-N 0-A)
Acts of Assembly Chapter text (CHAP1044)
Reenrolled bill text (HB308ER2)
Approved by Governor-Chapter 1044 (Effective - see bill)
Signed by President
Signed by Speaker
Governor's recommendation adopted
Governor's recommendation received by House
Fiscal Impact Statement from Department of Planning and Budget (HB308)
Governor's Action Deadline 11:59 p.m., April 13, 2026
Enrolled Bill communicated to Governor on March 31, 2026
Signed by Speaker
Bill text as passed House and Senate (HB308ER)
Enrolled
Signed by President
Conference report agreed to by House (94-Y 2-N 0-A)
Conference report agreed to by Senate (37-Y 2-N 0-A)
Conference Report released
House Conferees: Hope, Carroll, Fowler
Conferees appointed by House
House acceded to request
Conferees appointed by Senate
Senate Conferees: VanValkenburg, Salim, Reeves
Senate insisted on substitute Block Vote (40-Y 0-N 0-A)
Chaptered
4/22/2026
Reenrolled
4/22/2026
Substitute
4/14/2026
Gov Recommendation
4/12/2026
Enrolled
3/30/2026
Conference Report
3/14/2026
Substitute
3/13/2026
Substitute
3/5/2026
Substitute
3/4/2026
Substitute
2/27/2026
Engrossed
2/16/2026
Amendment
2/13/2026
Substitute
2/5/2026
Substitute
2/3/2026
Introduced
1/9/2026
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