Permitting law enforcement to issue a citation when students are caught with nicotine in schools.

HB 4440 Text

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House Bill 4440 History

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Key:
Green
= existing Code.
Red
= new code to be enacted

WEST VIRGINIA LEGISLATURE
2026
REGULAR SESSION
Introduced
House Bill 4440
By Delegate Statler
[Introduced January 16, 2026; referred to the Committee on Education then the Judiciary]
A BILL to amend and reenact §16-9A-3 of the Code of West Virginia, 1931, as amended, relating to permitting law enforcement to issue a citation when a student enrolled in a public school or public charter school possesses nicotine in those schools.
Be it enacted by the Legislature of West Virginia:

ARTICLE 9A. TOBACCO USAGE RESTRICTIONS.

§16-9A-3. Sale or gift of tobacco products to persons younger than 21 years of age; penalties for first and subsequent offenses; provision of non-criminal, non-monetary penalties; consideration of prohibited act as grounds for dismissal
; possession prohibited by students and penalty
.

(a) A person, firm, corporation, or business entity may not sell, give, or furnish, or cause to be sold, given, or furnished, any tobacco product, in any form, to any person younger than 21 years of age, which shall be verified by a valid driver's license, state identification card, or any valid and unexpired federally issued identification card such as a passport or military identification card:
(b) Any firm, corporation, or business entity that violates the provisions of subsection (a) of this section and any individual who violates the provisions of subsection (a) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined $250 for the first offense. Upon any subsequent violation at the same location or operating unit, the firm, corporation, or business entity or the individual shall be fined as follows: At least $500, but not more than $750 for the second offense, if it occurs within two years of the first conviction; at least $750, but not more than $1,000 for the third offense, if it occurs within two years of the first conviction; and at least $2,000, but not more than $5,000 for any subsequent offenses, if the subsequent offense occurs within five years of the first conviction.
(c) Any person who violates subsection (a) of this section while acting as a non-management agent or employee of a retail outlet where tobacco products are sold is subject to non-criminal, non-monetary penalties, including, but not limited to, education classes, diversion programs, and community service. The alcohol beverage control commissioner shall promulgate rules for legislative approval pursuant to §29A-3-1
et seq
. of this code, to establish standards for education classes, diversion programs, and community service.
(d) Any employer who discovers that his or her employee has sold or furnished tobacco products to any person younger than 21 years of age may dismiss the employee for cause, if the employer has provided
the employee with prior written notice in the workplace that such act or acts may result in his or her termination from employment
.
(e) Law enforcement may issue a citation to a student enrolled in a public school or public charter school in this state when that student possesses nicotine products at the school or associated school activity, included but not limited to "electronic smoking devices" and "tobacco products" as otherwise described in §16-9A-2 of this code.

NOTE: The purpose of this bill is to permit law enforcement to issue a citation when a student enrolled in a public school or public charter school possesses nicotine in those schools.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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