West Virginia
No statewide flavor banSnapshot for general information only — not legal advice. Statewide regulatory detail below is drawn primarily from the Public Health Law Center 50-state review (as of December 15, 2023). Flavor categories and local highlights also use Truth Initiative (Q1 2026), CTFK (May 2026), Tax Foundation (2026), and the PHLC flavored-tobacco chart (June 2026). Always check current statutes.
Flavor / sales restrictions (statewide)
No statewide flavor ban on e-cigarettes. Check city and county rules, since some localities have their own bans.
Local city / county rules
No major local restrictions found in sources reviewed.
Tax
Map summary: $0.075/mL
E-cigarette liquid taxed at rate of $0.075 per milliliter or fraction thereof.
W. Va. Code § 11-17-4b(b)(1) (2023)
Youth access / retail restrictions
Sale/distribution of vapor products to persons under age 18 years prohibited.
W. Va. Code § 16-9A-2(b)(3) (2023)
Vending machine sales of vapor products restricted to places inaccessible to persons under age 18.
W. Va. Code § 16-9A-8 (2023)
Use/possession of tobacco products or tobacco-derived products by persons under age 18 prohibited.
W. Va. Code § 16-9A-3 (2023)
Retail license
No.
Packaging
N/A
Delivery / online sales
See retail/youth access section and PHLC state review for delivery/online rules. Federal USPS mailing restrictions on vapes also apply.
Smoke-free / indoor use
Use of tobacco-derived products prohibited in schools and on school grounds except those areas not used for instructional purposes and inaccessible to students.
W. Va. Code § 16-9A-4 (2023)
Use of e-cigarettes in state-owned vehicles prohibited.
W. Va. Code R. § 148-3-7.7 (2023)
Definition notes
Included in a “tobacco product” definition in at least one statute?
Yes.
W. Va. Code § 16-9A-2(a)(1) (2023)
How the jurisdiction defines e-cigarettes / related terms (excerpts):
Youth Access and Use
Tobacco product and tobacco-derived product mean “any product, containing, made or derived from tobacco, or containing nicotine derived from tobacco, that is intended for human consumption, whether smoked, breathed, chewed, absorbed, dissolved, inhaled, vaporized, snorted, sniffed or ingested by any other means, including but not limited to cigarettes, cigars, cigarillos, little cigars, pipe tobacco, snuff, snus, chewing tobacco or other common tobacco-containing products. A ‘tobacco-derived product’ includes electronic cigarettes or similar devices, alternative nicotine products and vapor products.” W. Va. Code § 16-9A-2(a)(1) (2023)
Vapor product means “any non-combustible product containing nicotine that employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means, regardless of shape and size, that can be used to produce vapor from nicotine in a solution or other form [including] any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or similar product or device, and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an [aforementioned] device.” W. Va. Code § 16-9A-2(a)(3) (2023)
Tax
E-cigarette means “an electrical or electronic device that provides a smoke, vapor, fog, mist, gas or aerosol suspension of nicotine or another substance that, when used or inhaled, simulates the activity of smoking . . . [including] but not limited to, a device that is composed of a heating element, battery or electrical or electronic circuit, or a combination of heating element, battery and electrical or electronic circuit, which works in combination with e-liquid to produce an inhalable product . . . [including products marketed or sold as] e-cigarette, e-cigar, e-pipe or under any other name or descriptor.” W. Va. Code § 11-17-4b(a)(1) (2023)
E-cigarette liquid means “any of the liquids or liquid mixtures used in e-cigarettes and is also known as e-juice, e-fluid, e-liquid, or e-liquid product...[including] e-cigarette liquid mixing kits and . . . components. When used in, or with, an e-cigarette, e-cigarette liquid is vaporized or otherwise converted into an inhalable product. E-cigarette liquid may or may not include, without limitation, propylene glycol, vegetable glycerin, nicotine from any source or flavorings.” W. Va. Code § 11-17-4b(a)(2) (2023)
Links
Public Health Law Center — West Virginia 50-state review PHLC flavored tobacco sales chart (June 2026) Truth Initiative Q1 2026 CTFK localities fact sheet Tax Foundation vaping taxes FDA Tobacco 21
Page generated for the US Vape Laws Map project. Regulatory text excerpts © source publishers; compiled October 2026. Not legal advice. Federal rules also apply: 21+ sales age; ID checks under 30; only FDA-authorized e-cigarettes may lawfully be sold; USPS generally will not mail vapes.