This bill aims to amend the Code of West Virginia by increasing penalties for the sale of e-cigarettes, vapes, or cartridges to individuals under 18 years of age. It establishes that any person or business entity that sells or provides these products to minors will be guilty of a misdemeanor, with fines escalating for repeat offenses. Specifically, the bill introduces a tiered fine structure for businesses and individuals, starting at $50 for the first offense and potentially reaching up to $5,000 for subsequent violations. Additionally, it allows employers to dismiss employees who violate these provisions, classifying such actions as "gross misconduct" for unemployment benefit eligibility.

The bill also includes new definitions for terms such as "electronic smoking device," "tobacco product," "alternative nicotine product," and "vapor product," clarifying what constitutes these items under the law. It repeals the previous section regarding the sale of tobacco products to individuals younger than 21 years, streamlining the focus on protecting minors under 18 from accessing e-cigarettes and related products. The legislation emphasizes the seriousness of these violations by imposing significant fines on both individuals and businesses, including a $10,000 fine and a 60-day closure for businesses that sell vapor products to minors.

Statutes affected:
Introduced Version: 16-9A-2, 16-9A-3