SENATE CONCURRENT RESOLUTION 26
(By Senators Azinger, Bartlett, Chapman, Charnock, Deeds, Fuller, Garcia, Hart, Helton, Martin, Rose, Rucker, Tarr, Taylor, Weld, Willis, and Stuart
[Originating in the Committee on the Judiciary; reported April 12, 2025]
Requesting the Joint Committee on Government and Finance study the issue smoke shops pose in relation to the products they sell and the health risk items sold by smoke shops both legal and illegal, the sale of legal and illegal tobacco and nicotine products to minors within the state of West Virginia and the sale and regulation of tobacco, nicotine, CBD, kratom and cannabis.
Whereas, the state of West Virginia has faced a historic surge of smoke shops and shops that sell tobacco and nicotine products ranging from 4,000 to 5,000 shops operating within the state currently per the Department of Agriculture.
Whereas, this surge in smoke shops has led to not only the sale of these products to minors but some products being sold are not legal or safe for human consumption per Federal Drug Administration guidelines, and could Potentially lead to adverse health consequences.
Whereas, these unregulated sales of tobacco and nicotine products in West Virginia have led to not only the rise of tobacco and nicotine products within the state of West Virginia but have also led to a rise in illegal products being sold in smoke shops.
Whereas, the legislature finds it important to not only address the illegal sale of these products to minors, but to have an examination of the products being sold throughout the state, and having a complete assessment from across the state. Examine the products being sold in smoke shops and all respective entities of distribution in the state of West Virginia gauge their legality within the confides of what the Federal Drug Administration and the Department of Agriculture deem acceptable for the products being sold and the safety risks they pose. Along with where the products deemed illegal are sourced from and how they're delivered to the state of West Virginia.
Whereas, the Legislature believes that it is in the best interests of the citizens of this state to launch an investigation for the health and safety of minors in the state of West Virginia and for the safety of all citizens residing in the state as well.
Resolved, That the Joint Committee on Government and Finance report the regular session if the legislature, 2026, on its findings, conclusions, and recommendations, together with drafts of any legislations necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report, and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.