In December, the West Virginia Tobacco Use and Prevention Task Force issued its annual report, and it is not comforting reading. According to the Task Force, West Virginia has one of the highest rates of youth vaping in America.

 Nearly one in three West Virginia high school students admits to vaping within the previous 30 days–more than triple the national average. 

Half of West Virginia high school students admit that they have tried it at least once.

 Youth vaping at this scale does not happen by chance. It reflects the widespread availability of illegal vaping products and the willingness of black-market distributors and some retailers to ignore the law.  

Last year, Attorney General J.B. McCuskey issued a consumer alert warning that Chinese vape products disguised as smartphones and other smart devices are flooding into West Virginia through mislabeling and deception. Reports indicate approximately 90% of Chinese vape products entering the United States go undetected, and some have even been found containing urine, methamphetamine and heroin. These realities underscore the need to move from concern to concrete action. The answer is not more hand-wringing, it’s consistent, visible enforcement, enabled by clear rules and a statewide registry. 

 Illegal vape distribution is often dismissed as a low-level offense. But small crimes don’t stay small when they bankroll bigger ones. Black market e-cigarette sales, which make up the vast majority of the vape market, generate billions of dollars for gangs and criminal networks, funding drug trafficking and violence and other illicit activity. ”Broken windows” policing recognizes this reality: enforcing the law at the margins can disrupt criminal enterprises at their core.  

Fortunately, President Trump is tough on crime, and his administration is taking on vape trafficking like no administration before. In September, the DEA and HHS partnered to conduct Operation Vape Trail, with federal agents seizing more than 2.3 million vapes and 100 weapons. In just one week, the DEA seized more than $3.5 million in cash from alleged traffickers. By the end of the year, federal total federal seizures topped over than $120 million of illegal vapes. 

Local law enforcement officers are already doing great work every day to take down criminals. In January, an undercover operation led by the Granville Police Department in partnership with the West Virginia Alcohol Beverage Control Administration and the West Virginia Tax Division led to the arrest of two smoke shop owners for selling hemp products to minors. In June, the Mountain Region Drug and Violent Crimes Task Force raided five tobacco and vape stores in Randolph and Upshur counties, seizing approximately 500 pounds of illegal products with a street value of around $500,000 and a large sum of cash after receiving reports of minors buying these illegal items, including Delta 8 and Delta 9 products among others.  

When illegal and unregulated products are ending up in the hands of our children, the need for proactive enforcement is no longer optional, it’s essential. We need more operations like these to keep our communities safe, and law enforcement officers deserve our support. 

One way that state legislators can help our law enforcement officers is to create a statewide vape directory showing which vapes are legal and which are not. Most store owners are not tracking the FDA’s every decision, so a vape registry will help them keep up with what’s legal and what’s not.  

Ohers feel pressure to sell illegal vapes because their competitors do it, too. By setting clear rules of the road and violation penalties, a vape registry will help put an end to this practice as well.   

The good news is that West Virginia lawmakers are already on the case. They are considering House Bill 5437, also known as the Vape Safety Act, which would strengthen oversight of vape and tobacco retailers and give the state clearer tools to crack down on illegal products. This builds on earlier efforts, including legislation introduced by Sen. Patricia Rucker in 2024 and 2025, to create a statewide directory and hold stores accountable for selling illegal vapes.

With youth vaping rates among the highest in the country, it is time for the legislature to act and send strong enforcement legislation to the governor’s desk.

Criminals are making enormous profits by exploiting our state and getting our kids addicted to dangerous, illegal e-cigarettes. It’s time for West Virginia’s leaders to finally put them out of business-and put them behind bars. 

Delegate Elias Coop-Gonzales represents District 67 in the West Virginia  Legislature.