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SB 533

Clarifying where the West Virginia Secondary Schools Activity Commission (WVSSAC) may be involved in legal action

2025 Regular Session Introduced by Charles Clements and 1 co-sponsor

Raise tobacco/vapor age to 21, tighten online/retail age checks (including smart vapes), and use gaming revenues to fund gambling-addiction prevention and treatment.

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Bill Summary · SB 533

SB 533 — Vaping & Gambling Addiction Prevention Strategies (2025) — Summary

Status: Passed 1st Reading (Introduced Feb 20, 2025)
Primary sponsor: Sen. Burgin (NC) — bill title: “Vaping & Gambling Addiction Prev. Strategies.”

This bill packages two related public‑health/regulatory initiatives: (1) raise the minimum legal age for tobacco and vapor products to 21 and strengthen retail/online controls for vapor products (including “smart vapes”); and (2) direct gaming/lottery revenues to fund gambling‑addiction education and treatment programs.

Main purpose / intent

  • Reduce youth access to tobacco and emerging vapor products (including devices that mimic phones or gaming devices).
  • Close distribution/online‑sales loopholes and strengthen enforcement and retailer responsibilities.
  • Provide sustainable funding for gambling addiction prevention, education, and treatment using Lottery Commission gaming revenues.

Key provisions (high level)

  1. Raise minimum age

    • Amends G.S. 14‑313 to increase the minimum age for purchase, receipt, or distribution of tobacco products, alternative nicotine products, vapor products, and cigarette wrapping papers from 18 to 21.

  2. Broad definitions and inclusion of “smart vapes”

    • Expands the definition of “vapor product” to expressly include electronic cigarettes, cigars, pipes and “smart vapes” — vapor devices with designs or functions resembling smart phones or gaming devices.

  3. Retail and vending rules

    • Retailers must post a conspicuous sign near point‑of‑sale stating the prohibition on sales to persons under 21.
    • Tobacco products generally prohibited from vending machines except where access is strictly controlled (e.g., establishments limited to persons 21+ or machines activated by staff).
    • Retailers required to train employees on law and to demand proof of age when reasonable grounds exist.

  4. Internet/remote sales verification

    • Internet/remote sellers must perform age verification using an independent third‑party service that compares purchaser information to public records to ensure the buyer is 21+.

  5. Penalties and defenses

    • Sale/distribution to underage persons, attempts by underage persons to purchase, and related offenses are Class 2 misdemeanors.
    • Failure to display the required sign is an infraction ($25 first offense; $75 subsequent).
    • Statutory defenses include reasonable reliance on valid photographic ID, the DMV electronic verification system, or approved biometric ID systems where purchaser previously registered required ID.

  6. Licensing and enforcement (summary)

    • The bill broadens licensing requirements related to vapor products (details in statutory amendments), and emphasizes retailer compliance and enforcement mechanisms.

  7. Gambling addiction funding

    • Directs that gaming revenues collected by the State Lottery Commission (or an allocation thereof) be used to fund gambling‑addiction education, prevention, and treatment programs. (No specific dollar amounts are provided in the excerpt.)

Who is affected

  • Persons aged 18–20: lose legal retail access to tobacco/vapor products under state law.
  • Retailers, wholesalers, Internet vendors, vending‑machine operators: new obligations (signage, age checks, training, third‑party age verification for online sales) and exposure to criminal/administrative penalties for violations.
  • State agencies: Dept. of Health & Human Services and law enforcement implement/ enforce changes; Lottery Commission administers/allocates funding for addiction programs.
  • Public health, schools and treatment providers: potential new funding streams and regulatory tools to reduce youth vaping/tobacco use and expand gambling‑addiction services.

Procedural / timeline notes

  • Introduced in 2025 and passed its first reading; subsequent committee referrals and hearings are noted in the legislative history. The excerpt does not specify an effective date for the regulatory or age‑change provisions — that detail will appear in enrolled/engrossed versions or the bill’s final section if adopted.

If you’d like, I can:
- Produce a side‑by‑side of current vs. proposed statutory text for G.S. 14‑313;
- Track the bill’s progress and report amendments or the enacted effective date; or
- Outline compliance steps for retailers and online sellers.

Compiled from official sources — confirm details with the bill’s official record.

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