HB 1946: Retail tobacco and hemp products; smoking by a person younger than 21 years of age, prohibitions. - Virginia

Finance and Appropriations Substitute → Conference Substitute · 11 edits

MAJOR

The bill was converted from a Senate Substitute to a Conference Substitute, which typically means it has been reconciled with the House version. The substantive content remains largely the same, with the Conference version being more concise and removing the extensive alcohol beverage definitions that were included in the Senate version. The Conference version focuses primarily on tobacco and hemp product regulations, including age restrictions, permit requirements, and enforcement provisions.

Scope change

The bill's scope was narrowed from covering both alcohol and tobacco products to focusing primarily on tobacco and hemp products, removing the extensive alcohol beverage definitions and provisions that were present in the Senate Substitute version.

DEFINITION

Removed extensive definitions related to alcohol beverages, including definitions for 'Alcohol', 'Alcohol vaporizing device', 'Alcoholic beverages', 'Arts venue', 'Barrel', 'Bed and breakfast establishment', 'Beer', 'Bottle', 'Bus', 'Club', 'Commercial lifestyle center', 'Container', 'Contract winemaking facility', 'Convenience grocery store', 'Culinary lodging resort', 'Delicatessen', 'Designated area', 'Dining area', 'Drugstore', 'Establishment', 'Farm winery', 'Gift shop', 'Gourmet brewing shop', 'Gourmet oyster house', 'Gourmet shop', 'Government store', 'Grocery store', 'Historic cinema house', 'Hotel', 'Interdicted person', 'Internet wine and beer retailer', 'Intoxicated', 'Licensed', 'Licensee', 'Liqueur', 'Low alcohol beverage cooler', 'Marina store', 'Meals', 'Member of a club', 'Mixed beverage', 'Mixer', 'Municipal golf course', 'Performing arts facility', 'Permittee', 'Place or premises', 'Principal stockholder', 'Public place', 'Residence', 'Resort complex', 'Restaurant', 'Sale', 'Sangria', 'Special agent', 'Special event', 'Spirits', 'Sports facility', 'Tobacco product', 'Tobacco retailer', 'Tobacco retail establishment', 'Wine', 'Wine cooler', and 'With or without meals'.

Removed the section on Tobacco Products (§ 4.1-355 through 4.1-359) which contained specific penalties and prohibitions related to illegal sale and purchase of tobacco products.

Removed the section on Regulation of tobacco and hemp product retail sale locations (§ 15.2-912.4) which allowed localities to regulate retail sale locations of tobacco products.

REQUIREMENT

Removed the General powers of the Board (Article 3, § 4.1-103) which outlined 33 powers of the Virginia Alcoholic Beverage Control Authority, including powers related to alcohol beverage regulation, licensing, and enforcement.

Removed the section on Suspension or revocation of permits (§ 4.1-229) which outlined grounds for suspending or revoking permits for alcohol beverage licensees.

Simplified the bill structure by removing the extensive alcohol beverage provisions and focusing on tobacco and hemp product regulations, making the legislation more streamlined and easier to understand.

ENFORCEMENT

Removed the section on Additional powers and access to certain tobacco sales records (§ 4.1-103.01) which allowed the Board to access wholesale cigarette dealer information and inspect tobacco retailer records.

Added a new section (§ 18.2-371.2:1) specifically prohibiting possession of retail tobacco products and hemp products intended for smoking by persons younger than 21 years of age, with seizure and forfeiture provisions.

SCOPE

The bill now focuses primarily on tobacco and hemp products rather than including comprehensive alcohol beverage regulations, making it more targeted to tobacco control objectives.

TIMELINE

The effective date for tobacco retail permit applications was set to October 1, 2025, with the full implementation occurring on January 1, 2026.

FISCAL

Removed the Tobacco Retail Enforcement Fund (§ 59.1-293.14) which created a special fund for tobacco retail enforcement costs.

Courts of Justice Substitute → Finance and Appropriations Substitute · 4 edits

MODERATE

The bill was amended from a Courts of Justice substitute to a Finance and Appropriations substitute, which involved removing sections related to tobacco retail enforcement funding and administrative procedures while retaining core tobacco retail permitting and age verification requirements. The primary substantive change is the deletion of the Tobacco Retail Enforcement Fund and related enforcement provisions that were previously included in the Courts of Justice version.

Scope change

The bill's scope was narrowed by removing tobacco retail enforcement funding mechanisms and administrative provisions that were present in the Courts of Justice substitute, while maintaining the core permitting framework for tobacco retailers.

FISCAL

Deleted the Tobacco Retail Enforcement Fund (formerly § 59.1-293.14) that allocated funds for tobacco retail permit administration, enforcement, compliance checks, and education/training costs.

ENFORCEMENT

Removed enforcement provisions related to tobacco retail permit administration and compliance checks that were previously included in the Courts of Justice substitute.

TIMELINE

Adjusted the effective date provisions and removed certain administrative provisions that were specific to the Courts of Justice committee's version.

TECHNICAL

Changed the bill's committee attribution from Courts of Justice to Finance and Appropriations, along with associated formatting and numbering adjustments.

Conference Substitute → Chaptered · 1 edit

MINOR

The bill was converted from a House Substitute version to a Chaptered version, meaning it has been approved and signed into law. The substantive policy content remains identical, with no changes to the tobacco and hemp regulations, licensing requirements, or enforcement provisions. The only differences are formatting changes and the addition of official legislative metadata indicating approval on March 24, 2025.

TECHNICAL

Converted from House Substitute format to Chaptered format with official approval date of March 24, 2025. No substantive policy changes.

Appropriations Substitute → Courts of Justice Substitute · 5 edits

MODERATE

The bill was amended from a House Appropriations Substitute to a Senate Courts of Justice Substitute, changing the committee proposing the amendment and the bill's focus. The substantive content now includes extensive new definitions related to alcohol and alcohol-related establishments, expanding the bill's scope beyond just tobacco and hemp product regulations to include comprehensive alcohol beverage control provisions.

Scope change

The bill's scope expanded significantly from primarily regulating tobacco and hemp product possession by minors to include comprehensive alcohol beverage control definitions and regulations, affecting alcohol licensing, sales, and related establishments.

SCOPE

Bill scope changed from primarily tobacco/hemp possession regulations to include comprehensive alcohol beverage control provisions with new definitions for alcohol, alcoholic beverages, and related establishments.

DEFINITION

Added extensive new definitions including 'Alcohol vaporizing device', 'Arts venue', 'Barrel', 'Bed and breakfast establishment', 'Bus', 'Club', 'Bottle', and expanded definitions for alcohol and alcoholic beverages.

ENFORCEMENT

Changed the proposing committee from House Committee on Appropriations to Senate Committee for Courts of Justice, indicating a shift in legislative oversight and enforcement approach.

REQUIREMENT

Added new requirements for alcohol-related establishments and expanded the sections of the Code of Virginia being amended to include multiple alcohol-related statutes.

TECHNICAL

Added page numbering and formatting elements typical of Senate substitute bills, including draft status and consideration date information.

Enrolled → Appropriations Substitute · 6 edits

MODERATE

The bill was amended from its enrolled version to an appropriations substitute version, which significantly shortened the legislation by removing provisions related to tobacco product licensing, penalties, and Department of Taxation exemptions. The substitute version retains only the core underage possession prohibition and the requirement for an enforcement work group, while eliminating the detailed licensing framework for tobacco and liquid nicotine products.

Scope change

The bill's scope was substantially reduced. The original version included comprehensive licensing requirements for tobacco distributors and liquid nicotine sellers, along with specific penalties for violations. The substitute version removes all licensing provisions and penalty structures, focusing only on the underage possession prohibition and enforcement planning.

REQUIREMENT

Removed all licensing requirements for tobacco product distributors and liquid nicotine manufacturers, distributors, and retail dealers that were in the original enrolled version.

Removed the provision exempting the Department of Taxation from conducting unannounced investigations of retail dealers selling tobacco to minors.

ENFORCEMENT

Deleted detailed penalty structures for liquid nicotine and nicotine vapor product violations, including specific fines and license suspension provisions.

Condensed the enforcement provisions to only include the requirement for creating an enforcement work group, removing the detailed penalty framework.

REMOVED

Deleted the background investigation requirements and criminal history checks for tobacco and liquid nicotine license applicants.

TECHNICAL

Changed document formatting from enrolled bill format to House substitute amendment format with different header information.

Introduced → Enrolled · 6 edits · Mar 24, 2025

MODERATE

This bill evolved from an introduced version to an enrolled version with significant substantive changes. The primary difference is that the enrolled version removed the attempt-to-purchase prohibition and reduced penalties for retail dealers selling to minors, while adding new sections regulating tobacco retail locations and distributor licensing requirements.

Scope change

The bill's scope was narrowed by removing the prohibition on minors attempting to purchase tobacco products, and expanded to include new regulations on retail sale locations and distributor licensing procedures.

ENFORCEMENT

Removed the prohibition against minors attempting to purchase tobacco products, which was present in the introduced version but not in the enrolled version.

Removed the requirement for minors who violate possession laws to complete tobacco education and cessation courses for second or subsequent offenses.

Changed the enforcement mechanism for tobacco possession violations from forfeiture under § 19.2-386.1 to seizure and forfeiture under § 19.2-386.23.

Removed detailed penalty tiers for retail dealers selling to minors, replacing them with references to existing penalty structures in § 58.1-1021.04:1.

REQUIREMENT

Added new section 15.2-912.4 allowing localities to regulate tobacco retail sale locations, including prohibitions near schools and child day centers.

Added new section 58.1-1021.04:1 establishing detailed requirements for tobacco distributor licenses, including background investigations and fingerprinting.

Retail tobacco and hemp products; smoking by a person younger than 21 years of age, prohibitions.

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