Tobacco Permits

This page is being updated as new information becomes available. Please bookmark this page and come back again for additional information.

What businesses do the new laws apply to?
According to the changes in state laws, "Retail tobacco establishment" means any place of business owned by a retail tobacco permittee or tobacco retailer to sell retail tobacco products to the general public, including any grocery store, retail tobacco product shop, kiosk, convenience store, gasoline service station, bar, or restaurant where retail tobacco products are available for sale to the general public. "Retail tobacco establishment" includes any facility from which cigarette delivery sales, as that term is defined in §18.2-246.6, are made. "Retail tobacco establishment" does not include an establishment that does not sell retail tobacco products other than cigars and pipe tobacco as those terms are defined in §58.1-1021.01.

What products are included in the new laws?
Per the changes in state laws: "Retail tobacco product" means:
(i) any product containing, made of, or derived from tobacco or that contains nicotine that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, dissolved, inhaled, absorbed, or ingested by other means, including a cigarette, heated tobacco product, chewing tobacco, snuff, or snus;
(ii) any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; and
(iii) any component, part, or accessory of a product described in clause (i) or (ii), whether or not such component, part, or accessory contains tobacco or nicotine, including blunt or hemp wraps, and glass pipes.
"Retail tobacco product" includes any liquid nicotine or nicotine vapor product.
"Retail tobacco product" does not include any cigar or pipe tobacco as defined in § 58.1-1021.01.

Are there any special laws pertaining to the sale of “vape” products?
Businesses that sell liquid nicotine and/or nicotine vapor products need to ensure that all products are on Office of the Attorney General’s approved product directory: https://www.oag.state.va.us/lnnvp/directory
Businesses that offer for sale any liquid nicotine and/or nicotine vapor products that are not in this directory face civil fines starting at $5,000.

What about selling electronic smoking devices that do not contain nicotine?
A permit will be required to sell “any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine.”

What if my business sells only cigars or pipe tobacco?
Businesses that sell only cigars or pipe tobacco are not required to obtain this permit.

What if my business is a manufacturer or wholesaler of these products?
This permit is not required for businesses that only manufacture or wholesale distribute these products. Other permits or licenses may be required by Virginia law.

Does this permit allow my business to sell cannabis or recreational/medical marijuana?
No. Any license for the sale of cannabis or other marijuana products must be obtained through the Virginia Cannabis Control Authority (LINK), and the business will be required to comply with all related laws and regulations.

When does my business need to have a permit to sell retail tobacco products?
Retail tobacco permits will be required on October 1, 2026. The sale of these products after October 1, 2026, without a permit may result in misdemeanor criminal charges.

I own several businesses that sell retail tobacco products; do I need a separate retail tobacco permit for each location?
Yes, you will need to apply for a retail tobacco permit for each location.

How much will a retail tobacco permit cost?
There is a one-time, non-refundable permit application fee:

• For retailers with an existing ABC license, the fee is $300.
• For all other retailers (without a license to sell alcohol) the fee is $400.

How long is my retail tobacco permit good for?
Permits will be valid until the last day of the 12th month from the date of issuance and will be renewable.

If my retail tobacco permit application is approved now, when does my permit expire?
Any permit application approved by Virginia ABC before October 1, 2026, will have an effective date of October 1, 2026, and an expiration of September 30, 2027.

Will I get a renewal notice for my retail tobacco permit?
Virginia ABC will send an electronic renewal notice to all online VAL permittees approximately 60 days prior to the expiration date of the permit. These permittees will be able to renew online via credit card or electronic funds transfer (ACH). Those not online will receive a renewal notice via US mail to their preferred business address around the same timeframe.

How much will a retail tobacco permit cost annually?
The annual permit renewal fee is yet to be determined.

What other costs are there?
Application requires a Criminal Background Check (CBC) for all individuals with 10% or more ownership interest. Existing ABC license holders that have not had a CBC in last 24 months will be required to undergo a new CBC.

• All owners will need to submit a copy of their valid DMV identification or passport;
• All owners will need to submit a copy of their state DMV driving record;
• Owners who are Virginia residents will need to pay a $15 fee for the Virginia State Police CBC
• Owners who are non-VA residents will need to obtain a CBC report from their state of residence.

I hold an ABC alcohol license; will my retail tobacco permit and ABC alcohol license renew at the same time?
Because of the date of the enactment of these laws, it is likely that the retail tobacco permit year and ABC license year will not be synced. Licensees will receive separate renewal notices for retail tobacco permits.

How long is the retail tobacco permit application process?
Virginia ABC anticipates permits being issued within 20–30 days of the receipt of your online application. You can expect the processing of paper applications to take longer.

Can I apply now?
Virginia ABC is currently perfecting the application process and expects to begin accepting applications in July 2026.

What can I do while I’m waiting for the retail tobacco permit application process to open?

• All applicants should gather information about their business that will be required, including but not limited to, a copy of the lease or deed, list of officers/directors/members, Virginia SCC registration, IRS FEIN document, and any other relevant agreements or documents related to the business.
• Current ABC licensees are highly encouraged to create an account in the online portal Virginia ABC Licensing (VAL) to facilitate the application process.
• Applicants who do not have an ABC license will be able to create a VAL account at the time they are ready to apply.

Do I have to apply online for a retail tobacco permit?
No. Virginia ABC will accept paper applications; however, this will be a slower process. Please allow additional time for processing. Applying online is highly encouraged.

What else is required in the new laws?
The new laws require that the retail tobacco permit applicant attest that their employees have received training regarding ID checking, placement of signage, prohibited acts, and penalties. Virginia ABC has launched VERT (Virginia Education for Retailers of Tobacco), which contains the required training elements. It is free of charge and can be taken online through Virginia ABC’s website.

How can I stay informed about the retail tobacco permit application process?
More information and guidance for ABC licensees and other tobacco retailers will be posted here and via our licensee e-newsletter in the next few weeks. Sign up for the e-newsletter here.