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, firm, corporation, or business entity that sells or provides these products to minors will be guilty of a misdemeanor. The penalties include a fine of $50 for the first offense, escalating fines for subsequent offenses, with a maximum fine of $5,000 for repeated violations within five years. Additionally, the bill introduces specific definitions for "electronic smoking device," "tobacco product," "alternative nicotine product," and "vapor product," and prohibits the sale of these items to anyone under 18.

Furthermore, the bill includes provisions that allow employers to dismiss employees who violate these laws, categorizing such actions as "gross misconduct" for unemployment benefits eligibility. It also imposes a significant fine of $10,000 on businesses that sell vapor products to minors, along with a mandatory 60-day closure of the business location. The existing law regarding the sale of tobacco products to individuals younger than 21 years is repealed, streamlining the focus on protecting minors from e-cigarette and vapor product sales.

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