HB5437 is a bill in the West Virginia Legislature (2026 Regular Session): Creating the Vape Safety Act.

What is the status of HB5437?

Signed into law as of April 1, 2026. Latest action: Chapter 265, Acts, Regular Session, 2026 (June 29, 2026).

Who sponsored HB5437?

McCormick, David (R, 082), with 9 co-sponsors.

Where is the official record for HB5437?

On the West Virginia Legislature website: https://www.wvlegislature.gov/bill_status/Bills_history.cfm?input=5437&year=2026&sessiontype=RS&btype=bill

West Virginia legislation · 2026 Regular Session

West Virginia HB5437: Creating the Vape Safety Act

Q: What does HB5437 do?

In its own words: An act to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §16-9H-1, §16-9H-2, §16-9H-3, §16-9H-4, §16-9H-5, §16-9H-6, §16-9H-7, §16-9H-8, §16-9H-9, §16-9H-10, §16-9H-11, §16-9H-12, §16-9H-13, §16-9H-14, §16-9H-15, §16-9H-16, §16-9H-17, and §16-9H-18, relating to regulating vape or smoke shops; defining terms; requiring license; addressing penalties; addressing jurisdiction; setting forth license requirements; establishing fee; setting forth enforcement; prohibiting use of vape or smoke shop as a residence; setting forth violations; prohibiting the sale of.

Status: Signed into law, April 1, 2026

What the bill says

An act to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §16-9H-1, §16-9H-2, §16-9H-3, §16-9H-4, §16-9H-5, §16-9H-6, §16-9H-7, §16-9H-8, §16-9H-9, §16-9H-10, §16-9H-11, §16-9H-12, §16-9H-13, §16-9H-14, §16-9H-15, §16-9H-16, §16-9H-17, and §16-9H-18, relating to regulating vape or smoke shops; defining terms; requiring license; addressing penalties; addressing jurisdiction; setting forth license requirements; establishing fee; setting forth enforcement; prohibiting use of vape or smoke shop as a residence; setting forth violations; prohibiting the sale of.

From the enrolled text, March 13, 2026:

AN ACT to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §16-9H-1, §16-9H-2, §16-9H-3, §16-9H-4, §16-9H-5, §16-9H-6, §16-9H-7, §16-9H-8, §16-9H-9, §16-9H-10, §16-9H-11, §16-9H-12, §16-9H-13, §16-9H-14, §16-9H-15, §16-9H-16, §16-9H-17, and §16-9H-18, relating to regulating vape or smoke shops; defining terms; requiring license; addressing penalties; addressing jurisdiction; setting forth license requirements; establishing fee; setting forth enforcement; prohibiting use of vape or smoke shop as a residence; setting forth violations; prohibiting the sale of certain vapor products; establishing advertising standards; regulating locations; setting forth violations; setting forth enforcement; addressing service of process; requiring reporting; requiring rulemaking regarding labeling; establishing criminal penalties; establishing administrative sanctions; setting forth appeals process; addressing applicability in reference to cigar stores; and permitting general rulemaking. article 9h. vape SAFETY act. §16-9H-1. Short title. This article shall be known as the Vape and Smoke Retailer Location and Operating Requirements Act. §16-9H-2. Definitions. "Abandonment" and "abandoned" mean that the use with respect to a premises, regardless of intent of the user, has ceased or has discontinued for a period of at least 30 days, or an explicit declaration by the user of a premises that it has ceased a use with respect to the premises that is non-conforming to this article. "Adult " means a person who is the age of 21 years or …

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West Virginia HB5437: Creating the Vape Safety Act

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