Nicotine and vape in West Virginia

Immediate answer

Legal with restrictions

Nicotine vapes are legal with restrictions in West Virginia.

West Virginia permits adult e-cigarette sales, but the June 2026 Vape Safety Act requires covered vape/smoke shops to obtain an ABC license and imposes location and operating rules. Additional product-name and advertising restrictions begin in 2027. Electronic-smoking liquid remains taxed at $0.075 per milliliter or fraction regardless of nicotine content.

A record becomes a legal conclusion only after it has been reviewed and connected to its supporting source material.

Record and sources

Rules and source trail

Legal with restrictions

Effective from: 2026-08-22T00:00:00.000Z
Supporting sources: 5

Supporting sources

TSD 451 — Electronic Smoking and Drug Paraphernalia, version 1, Electronic Smoking
Excise Tax, version 1, Tobacco Tax
HB 5437 — Vape Safety Act, version 1, Signed; effective 2026-06-11
Article 9H — Vape Safety Act, version 1, §§16-9H-1 through -9
Prohibited sales, penalties, and reporting, version 1, §§16-9H-10 through -15