More regulations on what vape products can be sold and increased enforcement of underage sales are included in new legislation heading to Gov. Abigail Spanberger (D).
In a news conference yesterday (Monday), Attorney General Jay Jones (D) highlighted the plan for increased oversight of tobacco product retailers under Del. Patrick Hope’s HB 308 and former State Sen. Adam Ebbin’s SB 620. The legislation would shift license and enforcement of liquid nicotine and retail tobacco products from the Department of Taxation to a new permitting system led by the Virginia Alcoholic Beverage Control (ABC) Authority.
The attorney general’s office began maintaining a directory of liquid nicotine and vapor products a few years ago. The new bills aim to close loopholes to keep unregulated liquid nicotine and vapor products off retailers’ shelves.
“Vape shops have been allowed to get away with selling unregulated products with documented negative health consequences, not only to adults, but to minors, and they do so without penalty,” Jones said. “Virginians cannot afford for our health and safety to continue to be threatened by the sale and distribution of these harmful products.”
In addition, the bills require underage buyer enforcement at licensed tobacco retailers at least once every two years.
“Teachers and administrators confiscate vapes left in school bathrooms that the kids take turns sharing,” Jones said. “We need more than pamphlets that encourage kids to stop vaping. We need enforcement to make sure that it never gets into the hands of the kids ever again.”
Ebbin, Alexandria’s former state senator who resigned to advise the Virginia Cannabis Control Authority, said he and Del. Patrick Hope (D-1) worked for six years to pass the legislation. He said that vape products are often advertised as a healthier alternative, even though many of them contain nicotine.
“We know these products are highly addictive for anyone, including the adults who use them, but particularly for children whose brains are still developing,” Ebbin said. “Nicotine has some really harmful health effects, not just in the heart but on the brain, and we don’t want kids using them.”
Sales of tobacco products to people under 21 are illegal in Virginia, but Hope says enforcement should be stronger.
“By empowering both the Virginia ABC and the Office of Attorney General with the tools and the authority that they need to investigate to enforce and remove illegal products from circulation, we are taking very meaningful steps to keep these addictive nicotine products away from Virginia’s children,” Hope said. “As a parent, as a lawmaker, there’s just nothing more important than protecting our kids.”
The delegate said the legislation provides resources for Virginia ABC to hire more inspectors. According to a fiscal impact report, Virginia ABC estimates it would need 31 additional staff, costing about $3.9 million annually. Virginia ABC also expects one-time costs of around $1.3 million for hiring, training, equipment and licensing adjustments.
State Sen. Schuyler VanValkenburg (D-16), who works as a high school teacher, said schools have seen increased use of vapes among minors due to vape shops selling to underage buyers.
“The Vape Enforcement Act really, finally gives us the tools to put an end to that,” said VanValkenburg, who took on SB 620 when Ebbin resigned. “Any shop that sells tobacco or vape products will have to be licensed through Virginia ABC, and if they choose to violate the law by selling to minors or selling illegal products, then their license can be revoked and they can be shut down.”
The pair of bills propose an Oct. 1, 2026 effective date. Spanberger has until April 13 to act on legislation passed during the 2026 General Assembly session.
