CHARLESTON, WV (LOOTPRESS) — Lawmakers have introduced a new bill that would significantly increase regulation of vape and smoke shops across West Virginia, creating stricter licensing rules, product controls, inspections, and penalties for violations.
House Bill 5437, titled the “Vape and Smoke Retailer Location and Operating Requirements Act,” would establish a new statewide framework governing vape and smoke retailers, manufacturers, and wholesalers. The measure places primary oversight under the West Virginia Alcohol Beverage Control (ABC) Commissioner.
Under the proposal, any business operating as a vape or smoke shop would be required to obtain a state license before opening and renew it annually. The bill sets the annual license fee at $1,200, with reduced fees for partial-year licenses and added reactivation fees for late renewals. Operating without a license would be a misdemeanor punishable by fines up to $10,000 and up to one year in jail.
The bill also creates strict eligibility standards for license holders and managers, including background checks, fingerprinting, and disclosure of ownership and control interests. Licenses could not be transferred between owners or locations.
A major feature of the legislation is the creation of a state Vapor Product Directory. Beginning in 2026, only vape products listed in the directory could be legally sold in West Virginia. Manufacturers would be required to certify their products with the state and show they have federal authorization or pending federal review status. Products not listed would be considered contraband and subject to seizure and destruction after a grace period.
Retailers and wholesalers who sell unlisted products could face civil penalties of $100 per day per product, while manufacturers could face similar fines and additional criminal penalties for false certifications.
The measure also authorizes unannounced compliance checks and inspections. At least one-third of vape and smoke shops statewide would be inspected each year, with follow-up checks required for any business found in violation. The ABC Commissioner and State Tax Commissioner would publish violation results.
Additional provisions in the bill would:
-
Ban using vape or smoke shops as residences
-
Require standardized product labeling and health warnings
-
Set civil fines of $100–$500 per day for certain violations
-
Allow license suspension and revocation for repeat offenders
-
Establish formal appeal rights for businesses cited by regulators
The bill has been referred to the House Health and Human Resources Committee and then the Judiciary Committee for further consideration.
