Youth Access Prevention
The Coalition for a Tobacco-Free West Virginia supports legislation and regulations that prevent youth from obtaining tobacco products. In addition, all laws and regulations must be strictly enforced throughout West Virginia.
To ensure that the cost of tobacco use in West Virginia will not continue to lead to illness, premature death and remain a crippling burden to our economy, long-term strategies must be directed at reducing the number of children who begin to use tobacco products. About 90 percent of smokers begin smoking before the age of 19. By reducing the number of children who begin to use tobacco products, we can reduce the future burden to the state Medicaid system and to the health care system in general.
Critical to the overall success of West Virginia’s programming to prevent tobacco use is the need to dramatically limit the availability of tobacco products to youth. Experience from other states has demonstrated the most effective way to curtail youth access is through strong retailer controls coupled with strict enforcement and meaningful penalties for violators. Synar Amendment to Reduce Youth Tobacco Access | SAMHSA
Public Law 116-94, signed on December 20, 2019, increased the Federal Minimum Age for tobacco sales from 18 to 21. Read more information on this change.
West Virginia Legislature in the 2024 session raised the age for tobacco sales from 18 to 21 to match the federal law. West Virginia Code | §16-9A-3
Policies & Laws Relating to Tobacco
WV State Board of Education Tobacco Rules
WV State Board of Education Policy Tobacco Free Property
West Virginia State Board Policy 4373 Expected Behavior In Safe and Supportive Schools Policy & Guidelines:
68-18046-57243-2024-06-12-11-39-18-765
West Virginia Tobacco Related Laws
State Legislated Actions on Tobacco Issues | American Lung Association
§16-9A-3. Sale or gift of tobacco products to persons younger than 21 years of age; penalties for first and subsequent offenses; provision of non-criminal, non-monetary penalties; consideration of prohibited act as grounds for dismissal.
§16-9A-4. Use of tobacco products, in certain areas of certain public schools prohibited; penalty. West Virginia Code | §16-9A-4
§16-9A-5. Outdoor billboard advertisements for smokeless tobacco products, nuisance affecting public health. West Virginia Code | §16-9A-5
§16-9A-7. Enforcement of youth smoking laws and youth nicotine restrictions; inspection of retail outlets where tobacco products are sold; use of minors in inspections; annual reports; penalties; defenses. West Virginia Code | §16-9A-7
§16-9A-8. Selling of tobacco products in vending machines prohibited except in certain places. West Virginia Code | §16-9A-8
§16-9A-9. Selling of bidis prohibited; penalties. West Virginia Code | §16-9A-9
§16-9A-10. The sale of cigarettes in a container other than its original factory-wrapped packaging prohibited; sale of individual cigarettes prohibited; and warnings required. West Virginia Code | §16-9A-10
§16-9A-11. Smoking prohibited in motor vehicle while a person 16 years of age or less is present; penalty. West Virginia Code | §16-9A-11
ARTICLE 9B. IMPLEMENTING TOBACCO MASTER SETTLEMENT AGREEMENT.
§16-9B-1. Findings and purpose. West Virginia Code | §16-9B-1
§16-9D-4. Certification of tobacco product manufacturer wanting to sell product in this state for the first time. West Virginia Code | §16-9D-4
§16-9D-4a. Listing of nonparticipating manufacturers in the West Virginia Tobacco Directory; bonding requirement for nonparticipating manufacturers newly qualified or posing an elevated risk for noncompliance. West Virginia Code | §16-9D-4A
ARTICLE 9E. DELIVERY SALES OF TOBACCO PRODUCTS. West Virginia Code | §16-9E-1
§16-9E-2. Requirements for delivery sales. West Virginia Code | §16-9E-2
§16-9E-3. Age verification requirements. West Virginia Code | §16-9E-3