What businesses do the new laws apply to?
A retail tobacco establishment is any business that sells retail tobacco products to the public, including grocery stores, tobacco shops, kiosks, convenience stores, gas stations, bars, and restaurants, as well as any facility that makes cigarette delivery sales. It does not include a business that sells only cigars or pipe tobacco.
What products are covered by the permit?
A retail tobacco product includes any product containing, made of, or derived from tobacco, or containing nicotine, that is intended for human consumption, such as cigarettes, heated tobacco, chewing tobacco, snuff, and snus. It also includes any electronic smoking device and the substances vaporized by it, whether or not they contain nicotine, and any component, part, or accessory, including blunt or hemp wraps and glass pipes. It includes liquid nicotine and nicotine vapor products, but not cigars or pipe tobacco.
Are there special rules for selling vape products?
Yes. Businesses that sell liquid nicotine or nicotine vapor products must make sure every product is on the Virginia Attorney General's approved product directory. Offering products that are not on the directory can bring civil fines starting at $5,000. You can search the directory free on our site.
Do I need a permit to sell electronic smoking devices that do not contain nicotine?
Yes. A permit is required to sell any electronic smoking device and any substances that may be vaporized by it, 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 I only manufacture or wholesale these products?
This permit is not required for businesses that only manufacture or wholesale these products. Other Virginia permits or licenses may still apply.
Does this permit let me sell cannabis or marijuana?
No. Any license to sell cannabis or marijuana products must be obtained through the Virginia Cannabis Control Authority, and the business must comply with all related laws and regulations.
When does my business need the permit?
Retail tobacco permits are required on October 1, 2026. Selling covered products after that date without a permit may result in misdemeanor criminal charges.
I own several locations. Do I need a permit for each one?
Yes. You must apply for a separate retail tobacco permit for each location.
How much does the permit cost?
There is a one-time, non-refundable application fee of $300 for retailers with an existing ABC alcohol license and $400 for retailers without one.
How long is the permit valid?
A permit is valid until the last day of the 12th month from its date of issuance, and it is renewable.
If my application is approved before October 1, 2026, when does it expire?
Any permit approved by Virginia ABC before October 1, 2026 has an effective date of October 1, 2026 and expires September 30, 2027.
Will I get a renewal notice?
Yes. Virginia ABC sends an electronic renewal notice to online VAL permittees about 60 days before the permit expires, with renewal available online by credit card or ACH. Permittees who are not online receive a mailed notice around the same time.
How much is the annual renewal fee?
The annual renewal fee has not yet been determined by Virginia ABC.
What other costs should I expect?
The application requires a criminal background check for every individual with 10 percent or more ownership. Existing ABC licensees who have not had a background check in the last 24 months will need a new one. All owners submit a copy of their DMV ID or passport and their state DMV driving record. Virginia-resident owners pay a $15 Virginia State Police background-check fee, and non-resident owners obtain a background check from their home state. We help gather all of this.
I hold an ABC alcohol license. Will both renew at the same time?
Probably not. Because of when the law took effect, the retail tobacco permit year and the ABC alcohol license year likely will not be synced, and you will receive separate renewal notices.
How long does the application process take?
Virginia ABC anticipates issuing permits within 20 to 30 days of receiving a complete online application. Paper applications take longer.
Can I apply now?
Virginia ABC is finalizing the application process and expects to begin accepting applications in July 2026.
What can I do while I wait for applications to open?
Gather your business records, such as a copy of the lease or deed, a list of officers, directors, or members, your Virginia SCC registration, your IRS FEIN document, and any other relevant agreements. Existing ABC licensees should create an account in the Virginia ABC Licensing (VAL) portal, and others can create a VAL account when ready to apply. We help you prepare all of it.
Do I have to apply online?
No. Virginia ABC accepts paper applications, but they process more slowly, so applying online is encouraged.
What else do the new laws require?
Applicants must attest that their employees have received training on ID checking, placement of signage, prohibited acts, and penalties. We include the CERT VA training so you can meet this requirement.