By Timothy S. Donahue
Top Takeaways:
- Licensing mandate: Vape and smoke shops would need a $1,200 annual state license and comply with new location and signage restrictions.
- Registry dropped: The House-passed Vape Safety Act does not include a vapor product directory or registry.
- Senate next: The measure now heads to the Senate, where its fate will be decided.
West Virginia lawmakers approved a major package of regulations for vape and smoke shops, omitting earlier proposed “vape registry” requirements and instead focusing on licensing, location limits and youth-oriented marketing bans.
House Bill 5437 — the Vape Safety Act — passed the House of Delegates on Feb. 27 and now moves to the Senate for consideration. The bill would require operators of vape or smoke shops to obtain a state license from the Alcohol Beverage Control Commissioner and to comply with new limits on where and how they may operate.
Unlike some earlier versions discussed publicly, the text passed by the House does not include a statewide vapor product directory or “registry” that manufacturers must join before selling products in West Virginia. Advocates had proposed a directory requiring manufacturers to certify FDA marketing authorization, but those provisions were not included in the bill text that cleared the House.
Under HB 5437, shops could not be located within 300 feet of schools — including public, private, child care centers, and university campuses — parks or libraries, government buildings, residences, bars, or other vape or smoke shops. The measure also tightens controls on signage, advertising, and product labeling, and bans terms such as “candy” and “bubble gum” from marketing materials, as well as cartoon imagery.
Supporters said the bill will address youth vaping and “bad actors” within the industry. “There was a signage of a store in Kanawha City, before it got painted over, that had cartoon images on the outside of the store,” Del. Hollis Lewis, told the House during floor debate. “Who are they trying to attract by that?… It’s on us to do something about that.”
Del. Wayne Clark and a co-sponsor said the bill addresses a growing problem of unregulated products. “Many of these products are manufactured overseas, also often in China,” Clark said. “Some of them are so dangerous and unregulated that they carry warning labels stating they are illegal in the very country where they’re made, yet shipped here and sold to our children. This bill tells those who are profiting off addiction and harm that their time is up.”
Del. Elliot Pritt, a school teacher, said that classroom and school bathroom confiscations highlight the scope of the issue. “I do bathroom duty in our school, and I’m gonna tell you what — walking into the bathroom after every class change, it’s like strawberry fields and blueberry haze every single day,” Pritt said, referencing flavored vape products found in schools.
Opponents argued that local governments, rather than the state Legislature, should handle vape regulation.
HB 5437 creates new Article §16-9H-1 through §16-9H-14 in the state code and was initially referred to the House Health and Human Resources Committee before advancing to Judiciary and the House floor. The Senate has not yet scheduled action on the measure.
