West Virginia § 16-9A-2 Definitions

West Virginia Statutes

§ 16-9A-2 — Definitions

West Virginia § 16-9A-2

Ch. 16PUBLIC HEALTH

Art. 9ATOBACCO USAGE RESTRICTIONS

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Bluebook

W. Va. Code § 16-9A-2 (2026).

Text

For purposes of this article, the term:

"Electronic smoking device" means any device that can be used to deliver any heated, aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, any e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. Electronic smoking device includes any component part, or accessory of the device, whether or not sold separately, and includes any substance intended to be heated, aerosolized, or vaporized during the use of the device, whether or not the substance contains nicotine. Electronic smoking device does not include drugs, devices, or combination products approved by the United States Food, Drug, and Cosmetic Act.

"Tobacco product" means any product containing, made, or derived from tobacco, or nicotine, that i

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For purposes of this article, the term:

"Electronic smoking device" means any device that can be used to deliver any heated, aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, any e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. Electronic smoking device includes any component part, or accessory of the device, whether or not sold separately, and includes any substance intended to be heated, aerosolized, or vaporized during the use of the device, whether or not the substance contains nicotine. Electronic smoking device does not include drugs, devices, or combination products approved by the United States Food, Drug, and Cosmetic Act.

"Tobacco product" means any product containing, made, or derived from tobacco, or nicotine, that is intended for human consumption, whether absorbed, inhaled 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 product also includes electronic smoking devices and any accessory of a tobacco product or electronic smoking device, whether or not any of these contain tobacco or nicotine, including but not limited to, filters, rolling papers, blunt or hemp wraps, and pipes. Tobacco product does not include drugs, devices, or combination products that are regulated by the United States Food and Drug Administration under Chapter V of the Food, Drug and Cosmetic Act.

Legislative History

2024 Reg. Sess., HB5084; 2024 Reg. Sess., SB717; 2019 Reg. Sess., SB348; 2018 Reg. Sess., SB534; 2014 Reg. Sess., HB4237; 2013 Reg. Sess., HB2778; 2010 Reg. Sess., HB2773; 2007 Reg. Sess., HB3075; 2001 Reg. Sess., HB2821; 2000 Reg. Sess., SB126; 1998 Reg. Sess., HB2395; 1987 Reg. Sess., HB2072