Laws pertaining to vaping and the use of e-cigarettes are being more rigorously enforced on a state-to-state basis. Since 2016, West Virginia has had laws in place regarding the selling and using of vape products. These are not only important for residents to know, but visitors as well.
Electronic cigarettes
According to the current e-cigarette laws in West Virginia, any product the contains even a minimal amount of nicotine is subject to the same restrictions as any tobacco product. If the product is intended for public consumption and contains nicotine derived from tobacco, it's considered a tobacco product.
Vaping
Vaping in West Virginia is defined as any vapor product that is non-combustible but uses another source of heat to produce nicotine intended for human consumption. The statute governs electronic cigarettes, vapor cartridges, and other similar electronic devices that contain any form of nicotine.
Here are some common questions about vape laws in West Virginia:
Is there a tax imposed on the sale of e-cigarettes and vaping products?
West Virginia imposes a sales tax on all tobacco-related products, and e-cigarettes and vaping products fall under this category. E-cigarette liquids are taxed at a rate of seven and a half cents per milliliter. However, this only applies to vape products bought in the state. If you buy vape products from an out-of-state vendor online such as popular Zamplebox, you wouldn’t be taxed. If you buy from an online vendor based in West Virginia, you’ll pay the tax.
Can e-cigarettes be purchased by minors?
E-cigarettes in West Virginia are regulated in the same way as other tobacco products, and it's illegal for anyone under the age of 18 to purchase any nicotine-related product. Any minor found violating this law will be fined $50 and ordered to perform eight hours of community service for the first offense. A second-offense violation would result in a $100 fine and 16 hours of community service. A third violation, as well as any further incident, would result in a $200 fine and 24 hours of community service.
The state also employs minor to attempt to purchase tobacco-related products in sting operations to ensure retailers comply with the law. Any retailer charged with selling tobacco items to a minor will be fined $250. Vending machines that sell nicotine-related items also cannot be located where minors could have access.
Is the use of e-cigarettes and vaping restricted in any public places?
Under the current law, the use of any tobacco-related products, including e-cigarettes and vaping products, is prohibited on public school property, with the exception of areas that aren't accessible to students and aren't being used for any educational purposes. The use of electronic cigarettes is also prohibited on most public transit and in publicly maintained community centers where no-smoking signs are posted.
Does the state require a retail license or permit to sell e-cigarettes?
There is currently no special license or permit required to sell e-cigarettes in West Virginia.
Are there any packaging restrictions for e-cigarettes in West Virginia?
The current law does not specify any restrictions on packaging.
