E-Cigarette Regulations - West Virginia

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Are e-cigarettes in any section of the state’s statutes included in the definition of "Tobacco Products"?

Yes.
W. Va. Code Ann. § 16-9A-2(a)(1) (2019)

 

How does the state define an e-cigarette?

Youth Access and Use

Tobacco product and Tobacco-derived product mean “any product, containing, made or derived from tobacco, or containing nicotine derived from tobacco, that is intended for human consumption, whether smoked, breathed, chewed, absorbed, dissolved, inhaled, vaporized, snorted, sniffed or ingested by any other means, including but not limited to cigarettes, cigars, cigarillos, little cigars, pipe tobacco, snuff, snus, chewing tobacco or other common tobacco-containing products. A ‘tobacco-derived product’ includes electronic cigarettes or similar devices, alternative nicotine products and vapor products.”
W.Va. Code Ann. § 16-9A-2(a)(1) (2019)

Vapor product means “any non-combustible product containing nicotine that employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means, regardless of shape and size, that can be used to produce vapor from nicotine in a solution or other form [including] any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or similar product or device, and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an [aforementioned] device.”
W.Va. Code Ann. § 16-9A-2(a)(3) (2019)

Tax

E-cigarette means “an electrical or electronic device that provides a smoke, vapor, fog, mist, gas or aerosol suspension of nicotine or another substance that, when used or inhaled, simulates the activity of smoking…[including] but not limited to, a device that is composed of a heating element, battery or electrical or electronic circuit, or a combination of heating element, battery and electrical or electronic circuit, which works in combination with e-liquid to produce an inhalable product . . . [including products marketed or sold as] e-cigarette, e-cigar, e-pipe or under any other name or descriptor.”
W.Va. Code Ann. § 11-17-4b(a)(1) (2019)

E-cigarette liquid means “any of the liquids or liquid mixtures used in e-cigarettes and is also known as e-juice, e-liquid, or e-liquid product . . . [including] e-cigarette liquid mixing kits and…components. When used in, or with, an e-cigarette, e-cigarette liquid is vaporized or otherwise converted into an inhalable product. E-cigarette liquid may or may not include, without limitation, propylene glycol, vegetable glycerin, nicotine from any source or flavorings.”
W.Va. Code Ann. § 11-17-4b(a)(2) (2019)

 

Is there a state excise or special tax (non-sales tax) placed on e-cigarettes?

E-cigarette liquid taxed at rate of $0.075 per milliliter or fraction thereof.
W.Va. Code Ann. § 11-17-4b(b)(1) (2019)

 

What regulations are in place for e-cigarette packaging?

N/A

 

What restrictions are in place for retail or youth access?

Sale/distribution of vapor products to persons under age 18 years prohibited.
W.Va. Code Ann. § 16-9A-2(b)(3) (2019)

Vending machine sales of vapor products restricted to places inaccessible to persons under age 18.
W.Va. Code Ann. § 16-9A-8 (2019)

Use/possession of tobacco products or tobacco-derived products by persons under age 18 prohibited.
W.Va. Code Ann. § 16-9A-3 (2019)

 

Is a retail license or permit required to sell e-cigarettes?

No

 

What smoke-free restrictions exist for e-cigarette use?

Use of tobacco-derived products prohibited in schools and on school grounds except those areas not used for instructional purposes and inaccessible to students.
W.Va. Code Ann. § 16-9A-4 (2019)

Use of e-cigarettes in state-owned vehicles prohibited.
W. Va. Code R. § 148-3-7.7 (2019)

 

West Virginia e-cigarette regulation as of September 15, 2019.

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