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 no person, firm, corporation, or business entity may sell or furnish these products to minors, and violations will result in misdemeanor charges. The penalties for businesses and individuals who violate this law include fines ranging from $50 for a first offense to up to $5,000 for subsequent offenses. Additionally, employers are permitted to dismiss employees who sell these products to minors, which will be considered "gross misconduct" for unemployment benefits eligibility.
The bill also introduces new definitions for terms such as "electronic smoking device," "tobacco product," "alternative nicotine product," and "vapor product," clarifying what constitutes these items. It repeals the previous section regarding the sale of tobacco products to individuals younger than 21 years of age, streamlining the focus on protecting minors under 18 from accessing e-cigarettes and related products. The legislation emphasizes stricter enforcement and higher penalties to deter the sale of these products to underage individuals.
Statutes affected: Introduced Version: 16-9A-2, 16-9A-3