FISCAL NOTE
Date Requested: January 14, 2026
Time Requested: 07:58 PM |
| Agency: |
Alcohol Beverage Control Administration |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 1844 |
Introduced |
SB209 |
|
|---|
| CBD Subject: |
Health |
|---|
|
FUND(S):
unclear
Sources of Revenue:
Other Fund unclear
Legislation creates:
Fiscal Note Summary
Effect this measure will have on costs and revenues of state government.
Summarize in a clear and concise manner what impact this measure will have on costs and revenues of state government.
This measure is intended to regulate vape and vape cartridges. Increased regulation would increase costs of state government but could increase revenue. However, the bill is not clear on revenue to be generated or expenses incurred.
The proposed bill would regulate any business in this state that sells "vapes" or "vape cartridges," defined as any device that is used to inhale vapor containing nicotine and flavoring. The bill requires a license to sell vapes or cartridges and prescribes license requirements and state registry requirements for such products. The bill generally applies all alcohol requirements to vapes. The bill allows WVABCA to file rules. The WVABCA would also prescribe marketing guidelines but then advertising restrictions would be the same as LVL restrictions but applied to vapes. The bill authorizes WVABCA to set penalties for an owner, operator, or employee who sells vapes and vape cartridges through rulemaking. The bill states that such penalties may apply to the owner and operator based upon an employees’ actions. The Commissioner would have the discretion to suspend or revoke the license of a business who sells vapes or vape cartridges.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2026
Increase/Decrease
(use"-") |
2027
Increase/Decrease
(use"-") |
Fiscal Year
(Upon Full
Implementation) |
| 1. Estmated Total Cost |
0 |
0 |
0 |
| Personal Services |
0 |
0 |
0 |
| Current Expenses |
0 |
0 |
0 |
| Repairs and Alterations |
0 |
0 |
0 |
| Assets |
0 |
0 |
0 |
| Other |
0 |
0 |
0 |
| 2. Estimated Total Revenues |
0 |
0 |
0 |
Explanation of above estimates (including long-range effect):
Please explain increases and decreases in personal services, current expenses, repairs and alterations, assets, other costs and revenues, including assumptions and data sources and delineation between start-up and ongoing costs. Please also include a long-range schedule of costs and revenues if fiscal impact is expected to vary in future years.
The bill does not create licenses or fees. There is no “Vape Fund” created to deposit any such fees or fines or expend money. There would be expense to implement a program and hire staff. The WVABCA is not sure how many vape stores exist. Health or Tax may have the number of nicotine vape stores.
Memorandum
Please identify any areas of vagueness, technical defects, reasons a bill would not have a fiscal impact, and/or any special issues not captured elsewhere on this form.
The WVABCA does not currently regulate vapes or vape cartridges and is not involved in the taxation of the products. To ensure workability, it may be prudent to check with Health and Tax who may currently exercise some authority over vape and vape cartridges
The bill may need some more details provided for the agency to implement the legislation.
Person submitting Fiscal Note: Anoop Bhasin, General Counsel on behalf of WVABCA
Email Address: anoop.k.bhasin@wv.gov