State Status
No Preemption
Quote
"The American Public Health Association "(1) Opposes state and federal laws preempting local governments' ability and authority to enact their own more stringent restrictions on alcohol and tobacco availability; and (2) Supports local governments' home rule to sue their zoning, planning, and other local police powers to control alcohol and tobacco problems, including advertising and access."
American Public Health Association, Resolution 9410, 1994West Virginia
West Virginia is perennially successful at defeating attempts to enact preemptive legislation. West Virginia communities have consistently taken advantage of their right to local control by adopting smokefree laws to protect the health of their workers and residents from secondhand smoke in workplaces. More than 80% of West Virginians live in a county with a 100% smokefree workplace law. However, less than 40% of residents live in counties with smokefree restaurants and less than 15% of residents live in counties with smokefree bar laws. All workers in West Virginia deserve to breathe clean air because secondhand smoke exposure can cause of serious disease and death in every smoke-filled worksite, including bars and restaurants.
To learn more about WV smokefree efforts, visit The Smoke-free Initiative of West Virginia.
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West Virginia law does not preempt the passage of local smokefree laws. Read more about current tobacco-related legislation in West Virginia.
Current tobacco-related statistics are available from the Centers for Disease Control's Tobacco Control State Highlights, 2010.
West Virginia's 2018 Legislative Session: January 10 - March 11
Legislative SummariesArchives
- 2/1/2019HB2077—(vehicles with minors)—A bill relating to prohibiting smoking in an enclosed motor vehicle—Passed Health and Human Resources Committee, sent to Judiciary Committee
- 3/8/2019SB348—(vehicles with minors, T21)—A bill relating to tobacco—Amended and Passed Senate 20-14 on 2/27
- 2/1/2019SB81—(vehicles with minors)—A bill relating to prohibiting smoking in an enclosed motor vehicle—Passed Health and Human Resources Committee, sent to Judiciary Committee
Action AlertsArchives
- 2/26/2019West Virginia: Action Needed Today
- 2/23/2016Oppose Big Tobacco's SB 666 in WV
- 2/4/2011What's happening in the U.S. Territories and Commonwealths?
News SummariesArchives
- 7/31/2019States Are Thwarting Cities' Attempts to Govern Themselves
- 4/29/2019In Washington, Juul Vows to Curb Youth Vaping. Its Lobbying in States Runs Counter to That Pledge.
- 10/13/2017State lawmakers choose winners and losers through preemption
- 7/6/2017Blue Cities Want to Make Their Own Rules. Red States Won't Let Them.
- 5/10/2017The Threat of Super-Preemption
- 3/6/2017Preemption Prevents Innovation
- 2/21/2017City Rights in an Era of Preemption: A State-by-State Analysis
- 2/2/2017Red State, Blue City
- 1/9/2017Brooke, WV lawsuit claims smoking ban exceeds Health Department powers
- 1/5/2017GOP aims to rein in liberal cities
- 9/9/2016How ALEC, ACCE, and Preemption Laws are Gutting the Powers of American Cities
- 8/22/2016Blue Cities, Red States
- 6/28/2016Colorado Preemptions of Local Government: The Need for the Colorado Community Rights Amendment
- 6/23/2016State and Local Comprehensive Smoke-Free Laws for Worksites, Restaurants, and Bars--United States, 2015
- 6/13/2016WV House OKs tobacco tax hike to balance budget
- 4/6/2016From Fracking Bans To Paid Sick Leave: How States Are Overruling Local Laws
- 4/1/2016Growing Southern cities are increasingly targets of state pre-emption
- 3/25/2016Beyond North Carolina's LGBT Battle: States' War on Cities
- 2/23/2016Bill to cripple local health department powers defeated in committee
- 2/4/2016Corporate Interests Take Aim at Local Democracy
- 8/6/2015Blowing the Whistle on ALEC's Little Brother ACCE
- 7/7/2015Four Ways ALEC Tried to Ruin Your State this Year
- 5/17/2015Say no: States increasingly blocking cities and counties from imposing mandates on businesses
- 5/8/2015State lawmakers hate federal meddling even as they preempt local government
- 3/30/2015The ALEC-Backed War on Local Democracy
- 2/23/2015Govern Yourselves, State Lawmakers Tell Cities, but Not Too Much
- 2/20/2015Bill on Local Smoking Restrictions is Rejected in the House
- 2/20/2015GOP bills would exempt W.Va. casinos, slot parlors from smoking bans
- 1/28/2015Bill seeks to snuff out smoking bans
- 4/14/2014Smoking ordinance study planned
- 2/1/2012Statewide Smoking Ban?
- 2/7/2011Bill in legislature looks to end smoking in public places
- 2/17/2010Bill could put smoking ban in jeopardy
- 2/5/2010State Preemption of Local Smoke-Free Laws in Government Work Sites, Private Work Sites, and Restaurants United States, 2005-2009
- 1/27/2010Statewide smoking ban bill introduced
- 3/16/2009Smoking bans and smoking politics
- 10/15/2008Delegates seek accountability concerning smoking bans
- 1/14/2008Senators Introduce Bill To Make W.Va. Smoke-Free
Press ReleasesArchives
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