IPCPR Legislative | Restrictions in West Virginia

Restrictions in West Virginia

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Smoking, Age and Sampling Restrictions in West Virginia

West Virginia law prohibits smoking: in any building or part of a building used for instructional purposes, in any school, or the grounds of any school used for instructional purposes while the school is used or occupied for school purposes; by inmates held in facilities operated solely by the West Virginia Regional Jail and Correctional Facility Authority; in state places of employment; in child care facilities; and in any building, property, or vehicle leased, owned or operated by a county board of education, a Regional Education Service Agency (RESA), the State Department of Education, or the State Board of Education.

 

W. Va. Code § 16-9A-4: Use of tobacco, tobacco products, alternative nicotine products, or vapor products in certain areas of certain public schools prohibited; penalty
W. Va. Code § 31-20-5b: Prohibition against use or possession of tobacco products by inmates held by regional facility authority in regional jails operated solely by the authority; authorization to establish smoking cessation program
West Virginia Division of Personnel: Smoking restrictions in the workplace policy

http://www.personnel.wv.gov/SiteCollectionDocuments/Policies/NoSmoke.pdf
W. Va. Code of St. R. § 64-21-10: Employee health
W. Va. Code of St. R. § 126-66-1 et seq.: Tobacco control

 

West Virginia law contains no specific provisions concerning state preemption of local laws on smoking, so local communities are allowed to pass stronger laws or ordinances further restricting this area.

 

Exemptions

 

The following are exempt from the ban on smoking, subject to conditions:

  • Faculty or staff lounges, faculty offices, and areas of public schools not used for instructional purposes, as long as students do not have access to these areas
  1. W. Va. Code § 16-9A-4: Use of tobacco, tobacco products, alternative nicotine products, or vapor products in certain areas of certain public schools prohibited; penalty

 

West Virginia state law does not contain restrictions on smoking in bars, restaurants, or retail tobacco stores.

Individuals under 18 years of age cannot have on or about his or her person or premises or use any cigarette, cigarette paper, or any other paper prepared, manufactured, or made for the purpose of smoking any tobacco products, in any form or any pipe, snuff, chewing tobacco, tobacco product, or tobacco-derived product.

 

  1. W. Va. Code § 16-9A-3: Use or possession of tobacco or tobacco products, alternative nicotine products, or vapor products by persons under the age of eighteen years; penalties

 

Division of Labor staff reported that there are no laws regarding the minimum age to sell tobacco products at retail. The minimum age to work in West Virginia is 14.

 

  1. W. Va. Code § 21-6-2(b): Employment of children under eighteen in certain occupations; determination as to other occupations; appeal to supreme court.

 

It is illegal for any person, firm, corporation, or business entity to sell, give, or furnish, or cause to be sold, given, or furnished, to any person under 18 years of age: any pipe, cigarette paper, or any other paper prepared, manufactured, or made for the purpose of smoking any tobacco or tobacco product; any cigar, cigarette, snuff, chewing tobacco, or tobacco product, in any form; or any tobacco-derived product, alternative nicotine product, or vapor product.

 

  1. W. Va. Code § 16-9A-2(b): Definitions; sale or gift of cigarette, cigarette paper, pipe, cigar, snuff, chewing tobacco, pipe tobacco, roll-your-own tobacco, tobacco products, tobacco- derived and alternative nicotine product or vapor products to persons under eighteen; penalties for first and subsequent offense; consideration of prohibited act as grounds for dismissal; impact on eligibility for unemployment benefits

 

West Virginia law contains no specific provisions concerning state preemption of local youth access laws, so local communities may pass more stringent laws or ordinances in this area.

Federal regulations prohibit free samples of cigarettes and limit free samples of smokeless tobacco products to certain age-restricted venues under several conditions.

 

Regulations Restricting the Sale, Distribution, and Marketing of Cigarettes, Cigarette Tobacco, and Smokeless Tobacco: Consumer Fact Sheet
http://www.fda.gov/downloads/TobaccoProducts/PublicHealthEducation/ProtectingKidsfromTobacco/RegsRestrictingSale/UCM265540.pdf

 

In West Virginia, it is illegal for any person, firm, corporation, or business entity to sell, give, or furnish, or cause to be sold, given, or furnished, to any person under 18 years of age: any pipe, cigarette paper, or any other paper prepared, manufactured, or made for the purpose of smoking any tobacco or tobacco product; any cigar, cigarette, snuff, chewing tobacco, or tobacco product, in any form; or any tobacco-derived product, alternative nicotine product, or vapor product.

  1. W. Va. Code § 16-9A-2(b): Definitions; sale or gift of cigarette, cigarette paper, pipe, cigar, snuff, chewing tobacco, pipe tobacco, roll-your-own tobacco, tobacco products, tobacco- derived and alternative nicotine product or vapor products to persons under eighteen; penalties for first and subsequent offense; consideration of prohibited act as grounds for dismissal; impact on eligibility for unemployment benefits

 

Distribution of tobacco samples is subject to tax and licensing requirements, as “sale” means selling, exchange, transfer of title, barter, gift, offer for sale or distribution or disposition of cigarettes or other tobacco products.

 

  1. W. Va. Code § 11-17-2(11)

 

West Virginia law contains no specific provision concerning state preemption of sampling, so local communities may pass more stringent laws or ordinances on tobacco sampling.

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