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WV Code § 16-9-8 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 9. Offenses Generally|§16-9-8. Jurisdiction of Courts

Until January 1, 1977, justices of the peace and municipal judges shall have concurrent jurisdiction with the circuit courts of this state for violations under sections one to seven, both inclusive, of this article.
WV Code § 16-9A-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 9A. Tobacco Usage Restrictions|§16-9A-1. Legislative Intent

The Legislature hereby declares it to be the policy and intent of this state to discourage and ban the use of tobacco products by minors. As basis for this policy, the Legislature hereby finds and accepts the medical evidence that smoking tobacco may cause lung cancer, heart disease, emphysema and other serious health problems while the use of smokeless tobacco may cause gum disease and oral cancer. It is the further intent of the Legislature in banning the use of tobacco products by minors to ease the personal tragedy and eradicate the severe economic loss associated with the use of tobacco and to provide the state with a citizenry free from the use of tobacco.
WV Code § 16-9A-3 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 9A. Tobacco Usage Restrictions|§16-9A-3. Use or Possession of Tobacco or Tobacco Products, Alternative Nicotine Products or Vapor Products by Persons Under the Age of 18 Years; Penalties

A person under the age of 18 years shall not have on or about his or her person or premises or use any cigarette, or cigarette paper, or any other paper prepared, manufactured or made for the purpose of smoking any tobacco products, in any form; any pipe, snuff, chewing tobacco, tobacco product, or tobacco-derived product: Provided, That minors participating in the inspection of locations where tobacco products or tobacco-derived products are sold or distributed pursuant to §16-9A-7 of this code is not considered to violate the provisions of this section. Any person violating the provisions of this section shall for the first violation be fined $50 and be required to serve eight hours of community service; for a second violation, the person shall be fined $100 and be required to serve 16 hours of community service; and for a third and each subsequent violation, the person shall be fined $200 and be required to serve 24 hours of community service. Notwithstanding the provisions of §49-4-701 of this code, the magistrate court has concurrent jurisdiction.
WV Code § 16-9A-4 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 9A. Tobacco Usage Restrictions|§16-9A-4. Use of Tobacco, Tobacco Products, Alternative Nicotine Products or Vapor Products in Certain Areas of Certain Public Schools Prohibited; Penalty

Every person who shall smoke a cigarette or cigarettes, pipe, cigar or other implement, of any type or nature, designed, used or employed for smoking any tobacco or tobacco product; or who shall use any tobacco product or tobacco-derived product in any building or part thereof used for instructional purposes, in any school of this state, as defined in section one, article one, chapter eighteen of this code, or on any lot or grounds actually used for instructional purposes of any such school of this state while such school is used or occupied for school purposes, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished for each offense by a fine of not less than one nor more than five dollars: Provided, That this prohibition shall not be construed to prevent the use of any tobacco or tobacco product or tobacco-derived product, in any faculty lounge or staff lounge or faculty office or other area of said public school not used for instructional porposes: Provided, however, That students do not have access thereto: Provided further, That nothing herein contained shall be construed to prevent any county board of education from promulgating rules and regulations that further restrict the use of tobacco products or tobacco-derived products, in any form, from any other part or section of any public school building under its jurisdiction.
WV Code § 16-9A-5 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 9A. Tobacco Usage Restrictions|§16-9A-5. Outdoor Billboard Advertisements for Smokeless Tobacco Products, Nuisance Affecting Public Health

(a) Any outdoor billboard advertisement for snuff and chewing tobacco products must conspicuously display one of the following statements:"WARNING: THIS PRODUCT MAY CAUSE MOUTH CANCER""WARNING: THIS PRODUCT MAY CAUSE GUM DISEASE AND TOOTH LOSS""WARNING: THIS PRODUCT IS NOT A SAFE ALTERNATIVE TO CIGARETTES"The warnings shall be rotated every four months by the manufacturer, packager or importer of snuff and chewing tobacco products in an alternating sequence in the advertisement for each brand of such tobacco product. Such warning shall appear in the format and type style prescribed under 15 U.S.C. 1333 (b) (3), as amended.No other warning, format, or type style in any outdoor billboard advertisement shall be required by any state or local statute or regulation.(b) Any outdoor billboard advertisement that does not conform to the provisions of this section shall be deemed a nuisance affecting the public health.
WV Code § 16-9A-8 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 9A. Tobacco Usage Restrictions|§16-9A-8. Selling of Tobacco Products, Tobacco-Derived Products, Alternative Nicotine Products or Vapor Products in Vending Machines Prohibited Except in Certain Places

No person or business entity may offer for sale any cigarette, tobacco product or tobacco-derived product, in a vending machine. Any person or business entity which violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined $250: Provided, That an establishment is exempt from this prohibition if individuals under the age of eighteen years are not permitted to be in the establishment or if the establishment is licensed by the alcohol beverage control commissioner as a Class A licensee. The alcohol beverage control commissioner shall promulgate rules pursuant to article three, chapter twenty-nine-a of this code to establish standards for the location and control of the vending machines in Class A licensed establishments for the purpose of restricting access by minors.
WV Code § 16-9A-9 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 9A. Tobacco Usage Restrictions|§16-9A-9. Selling of Bidis Prohibited; Penalties

(a) The Legislature finds that young people in this state have been enticed into smoking or using tobacco products by first using or experimenting with hand-rolled, flavored tobacco products called "bidis" or "beedies." Recognizing that the use of bidis is an emerging public health problem, the Legislature hereby adopts a public policy that the tobacco products known as "bidis" should not be imported, sold or distributed in the State of West Virginia.(b) Notwithstanding any other provision of law, no person or business entity shall possess, import, sell, offer for sale or distribute any tobacco product commonly referred to as "bidis" or "beedies."(c) For purposes of this section, "bidis" or "beedies" means a product containing tobacco that is wrapped in temburni leaf or leaves (diospyros melanoxylon) or tendu leaf or leaves (diospyros exculpra), or any other product or substance that is offered to or purchased by consumers as bidis or beedies. As used in this section, the terms "bidis" and "beedies" have the same meaning and may be used interchangeably.(d) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500; and upon a second or subsequent conviction thereof, shall be fined not less than $1,000 nor more than $5,000 for each offense, or confined in a county or regional jail not more than six months, or both.
WV Code § 16-9A-10 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 9A. Tobacco Usage Restrictions|§16-9A-10. The Sale of Cigarettes in a Container Other Than Its Original Factory-Wrapped Packaging Prohibited; Sale of Individual Cigarettes Prohibited; and Warnings Required

(a) A person or business entity may not sell or offer for sale cigarettes in any form other than an original factory-wrapped package.(b) No person or business entity may sell or offer for sale cigarettes in a package that contains fewer than twenty cigarettes.(c) No person or business entity may sell or offer for sale single cigarettes.(d) A person or business entity may not sell or offer for sale cigarettes in any form that does not display the warnings with the display characteristics required by the provisions of 15 U.S.C. §1333(b)(3), as amended.(e) Any person or business entity who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined $250.
WV Code § 16-9B-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 9B. Implementing Tobacco Master Settlement Agreement|§16-9B-1. Findings and Purpose

(a) Cigarette smoking presents serious public health concerns to the state and to the citizens of the state. The surgeon general has determined that smoking causes lung cancer, heart disease and other serious diseases, and that there are hundreds of thousands of tobaccorelated deaths in the United States each year. These diseases most often do not appear until many years after the person in question begins smoking.(b) Cigarette smoking also presents serious financial concerns for the state. Under certain health-care programs, the state may have a legal obligation to provide medical assistance to eligible persons for health conditions associated with cigarette smoking, and those persons may have a legal entitlement to receive such medical assistance.(c) Under these programs, the state pays millions of dollars each year to provide medical assistance for these persons for health conditions associated with cigarette smoking.(d) It is the policy of the state that financial burdens imposed on the state by cigarette smoking be borne by tobacco product manufacturers rather than by the state to the extent that such manufacturers either determine to enter into a settlement with the state or are found culpable by the courts.(e) On November 23, 1998, leading United States tobacco product manufacturers entered into a settlement agreement, entitled the "master settlement agreement", with the state. The master settlement agreement obligates these manufacturers, in return for a release of past, present and certain future claims against them as described therein, to pay substantial sums to the state (tied in part to their volume of sales); to fund a national foundation devoted to the interests of public health; and to make substantial changes in their advertising and marketing practices and corporate culture, with the intention of reducing underage smoking.(f) It would be contrary to the policy of the state if tobacco product manufacturers who determine not to enter into such a settlement could use a resulting cost advantage to derive large, short-term profits in the years before liability may arise without ensuring that the state will have an eventual source of recovery from them if they are proven to have acted culpably. It is thus in the interest of the state to require that such manufacturers establish a reserve fund to guarantee a source of compensation and to prevent such manufacturers from deriving large, short-term profits and then becoming judgment-proof before liability may arise.
WV Code § 16-9B-4 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 9B. Implementing Tobacco Master Settlement Agreement|§16-9B-4. Special Severability Rule; Implementation Date

(a) Section three severability rule. –-(1) If the act amending section three of this article in the year two thousand three, or any portion of the amendment to paragraph (B), subdivision (2), subsection (b), section three of this article, made by that act, is held by a court of competent jurisdiction to be unconstitutional, then such paragraph (B) shall be deemed to be repealed in its entirety.(2) If after application of subsection (a) of this section, a court of competent jurisdiction thereafter holds subdivision (2), subsection (b) of said section three to be unconstitutional, then section three as amended in the year two thousand three shall be deleted in its entirety and section three as enacted in the year one thousand nine hundred ninety-nine, shall be restored as if no amendments had been made to section three in the year two thousand three. Neither any holding of unconstitutionality nor the repeal of paragraph (B), subdivision (2), subsection (b), section three of this article shall affect, impair or invalidate any other portion of section three, or the application of section three to any other person or circumstance, and such remaining portions of section three shall at all times continue in full force and effect.(b) Implementation date. -– The amendments to section three of this article in the year two thousand three shall not take effect until thirty days after the earlier of:(1) All states that share a common border with this state enacting similar amendments to their laws implementing the master tobacco settlement agreement; or(2) Thirty-three states, including this state, enacting similar amendments to their laws implementing the master tobacco settlement agreement.
WV Code § 16-9C-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 9C. State Tobacco Growers' Settlement Board|§16-9C-1. Findings and Purpose

(a) Cigarette smoking presents serious public health concerns as well as serious financial concerns for the state. In response, the state pursued legal claims against leading tobacco product manufacturers to recover damages caused by the public health and financial consequences of cigarette smoking. On November 23, 1998, leading United States tobacco product manufacturers entered into a settlement agreement, entitled "master settlement agreement", with the state. The master settlement agreement obligates these manufacturers to pay substantial sums to the state in exchange for a release of past, present and future claims against them.(b) The tobacco growers of the state are not a party or a beneficiary of the master settlement agreement.(c) In view of the master settlement agreement, similar agreements between other states and tobacco product manufacturers, and the heightened public awareness and scrutiny of the dangers associated with cigarette smoking, the state has a significant interest in protecting tobacco growers from negative economic and financial consequences arising from changes in the cigarette industry, such as decreased consumption, demand and prices.(d) On January 21, 1999, leading United States tobacco product manufacturers agreed to establish a national tobacco community trust, for the sole benefit of tobacco growers, payable over a twelve-year period, beginning in the year 1999. The tobacco growers in this state (and thirteen other states) are eligible to participate in the national tobacco community trust upon the creation of a state tobacco grower board, which will consummate a tobacco grower settlement with the tobacco product manufacturers.
WV Code § 16-9C-2 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 9C. State Tobacco Growers' Settlement Board|§16-9C-2. Definitions

(a) "Cigarette" means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains: (1) Any roll of tobacco wrapped in paper or in any substance not containing tobacco; or (2) tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or (3) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette as that term is described in this subsection. The term "cigarette" includes "roll-your-own" which means any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes. For purposes of this definition of cigarette, 0.09 ounces of "roll-your-own" tobacco shall constitute one individual cigarette.(b) "Master settlement agreement" means the settlement agreement (and related documents) entered into on November 23, 1998, by the state and leading United States tobacco product manufacturers.(c) "National tobacco community trust" means the trust fund agreed to by leading United States tobacco product manufacturers, to be established and funded by them for the sole benefit of state tobacco growers.(d) "Tobacco grower" means a person who has a direct financial interest in planting, cultivating and harvesting tobacco for sale. Tobacco grower includes a person who possesses a quota to market tobacco as administered by the United States Department of Agriculture.(e) "Trust" means the national tobacco community trust as defined in subsection (c) of this section.
WV Code § 16-9C-3 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 9C. State Tobacco Growers' Settlement Board|§16-9C-3. Creation of Board

There is hereby created a board to be known as the "state tobacco growers' settlement board" consisting of three members: The Governor, the Attorney General and the commissioner of agriculture, or their designees. The Governor or his or her designee shall serve as the chair, the commissioner of agriculture or his or her designee shall serve as the vice chair, and the Attorney General or his or her designee shall serve as the secretary.
WV Code § 16-9C-4 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 9C. State Tobacco Growers' Settlement Board|§16-9C-4. Duties and Responsibilities of the State Tobacco Grower Board

The duties and responsibilities of the board shall include, but are not limited to:(a) The consummation of a settlement with leading United States tobacco product manufacturers for the exclusive benefit of state tobacco growers;(b) The execution of all necessary written agreements relative to the national tobacco community trust to ensure state tobacco growers' receipt of funds directly from the trust;(c) Consultation with tobacco growers within the state in order to determine how funds allocated by the national tobacco community trust shall be distributed among state tobacco growers to compensate them for the adverse effects of decreased consumption, demand and price for cigarettes;(d) The submission of a plan to the national tobacco community trust identifying state tobacco growers and the distribution of trust funds to state tobacco growers; and(e) The certification of instructions annually to the national tobacco community trust regarding distribution of funds from the trust directly to the state tobacco growers during the twelve year payment period, beginning in the year one thousand nine hundred ninety-nine.
WV Code § 16-9D-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 9D. Enforcement of Statutes Implementing Tobacco Master Settlement Agreement|§16-9D-1. Findings and Purpose

The Legislature finds that violations of article nine-b of this chapter threaten the integrity of the tobacco master settlement agreement, the fiscal soundness of the state, and the public health. The Legislature finds that enacting procedural enhancements will help prevent violations and aid enforcement of article nine-b of this chapter and thereby safeguard the master settlement agreement, the fiscal soundness of the state, and the public health.
WV Code § 16-9D-2 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 9D. Enforcement of Statutes Implementing Tobacco Master Settlement Agreement|§16-9D-2. Definitions

(a) "Brand Family" means all styles of cigarettes sold under the same trade mark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, "menthol," "lights," "kings," and "100s" and includes any brand name (alone or in conjunction with any other word), trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes.(b) "Cigarette" has the same meaning as in section two, article nine-b of this chapter.(c) "Commissioner" means the duly appointed head of the agency responsible for collection of the excise tax on cigarettes.(d) "Distributor" means a person, wherever resident or located, who purchases nontax-paid cigarettes and stores, sells, or otherwise disposes of the cigarettes.(e) "Master tobacco settlement agreement" has the same meaning as that term is defined in section two, article nine-b of this chapter.(f) "Nonparticipating manufacturer" means any tobacco product manufacturer that is not a participating manufacturer.(g) "Participating manufacturer" has the meaning given that term in section II(jj) of the master settlement agreement and all amendments to the master settlement.(h) "Qualified escrow fund" has the same meaning as that term is defined in section two, article nine-b of this chapter.(i) "Stamping agent" includes any distributor or other person that is authorized to affix tax stamps to packages or other containers of cigarettes under article seventeen, chapter eleven of this code, or any person that is required to pay the excise tax imposed on cigarettes pursuant to article seventeen of said chapter eleven.(j) "Tobacco product manufacturer" has the same meaning as that term is defined in section two, article nine-b of this chapter.(k) "Units sold" has the same meaning as that term is defined in section two, article nine-b of this chapter.