Virginia HB 308 would overhaul tobacco and nicotine rules, and creating a vape “white list”

Key Points

• Oversight would shift to the Virginia Alcoholic Beverage Control Authority (ABC).
• Mandatory Retail Tobacco Permit for each retail location; non-transferable; subject to character/eligibility checks.
• Strict sales rules: 21+, ID checks for those who appear under 30; vending machine sales banned; under-21 possession generally prohibited.
• Vape product directory (“white list”) managed by the Attorney General; non-listed products treated as contraband with daily per-product fines.
• A three-strikes penalty ladder within 36 months could lead to permit revocation and a three-year reapplication ban.
• Localities could restrict new shops near schools/child day centers via zoning.

2Firsts, Feb 6, 2026

According to a legislative summary from the Virginia House of Delegates, House Bill 308 (Substitute) would significantly restructure Virginia’s regulation of tobacco, nicotine and smokable hemp products. The proposal would shift oversight and enforcement to the Virginia Alcoholic Beverage Control Authority (ABC), introduce a mandatory retailer permitting regime, establish a vape product directory administered by the Attorney General, and impose escalating penalties for violations.

Under the proposal, ABC special agents would be empowered to inspect retail premises, audit records and enforce compliance in a manner similar to alcohol regulation. Retailers would be required to obtain a Retail Tobacco Permit for each location, with permits being non-transferable and subject to eligibility standards outlined in the summary, including “good moral character” requirements and disqualifying criminal histories.

The bill summary also outlines tighter sales restrictions, including a minimum purchase age of 21, mandatory ID checks for customers who appear under 30, and a ban on sales through vending machines. Underage possession is generally prohibited, per the summary.

A major component is the creation of a vape “white list” directory: after the stated effective date, liquid nicotine and nicotine vapor products could not be sold in Virginia unless included on the Attorney General’s directory. Products outside the directory would be treated as contraband, subject to seizure, and violators could face $1,000-per-day, per-product penalties.

The bill further proposes a three-strikes framework for retailers within a 36-month period, escalating from a minimum $1,000 civil penalty to permit suspension, and ultimately permit revocation coupled with a three-year ban on reapplying. Localities would also be authorized to enact zoning ordinances governing where tobacco/hemp shops may operate, including potential buffer zones near schools and child day centers.

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