Retailers must hold a Virginia ABC tobacco permit to sell cigarettes, vapes and nicotine products starting Oct. 1. Applications take 20 to 30 days, and comment on the rules governing the program does not close until Oct. 24.
Attorney General Jay Jones announced the Regulated Products Enforcement Unit on July 30. Hours earlier the Fourth Circuit upheld North Carolina's vape directory against a preemption challenge, the ruling a Virginia injunction had been waiting on since December.
The Henrico-based company filed in federal court in Lubbock, Texas on September 2, arguing the FDA has never met the 180-day statutory deadline for premarket tobacco applications and that some have been pending more than six years.
Virginia's retail tobacco permit takes effect October 1, 2026. It covers restaurants and bars, not just smoke shops, and ABC says applications take 20 to 30 days. The window to be legal on day one is closing now.