Gloucester supervisors lift vape-shop suspensions under testing and sales restrictions after heated hearing

The Gloucester County Board of Supervisors voted 5–2 on April 7 to lift suspensions of the business licenses for four local vape shops — DeVault, Rhino Tobacco and Vape (two locations) and Super Tobacco — contingent on independent laboratory testing and a ban on products that test positive for Schedule I or II substances.

Sheriff Darryl Warren told the board investigators executed simultaneous search warrants March 3 and, after lab analysis, "we now have lab results from all 5 locations from the March 3 operation that shows that they were continuing to sell products containing schedule 1 substances," and urged revocation. Warren asserted the seized items included products labeled with chemicals that the Virginia Drug Control Act classifies as Schedule I and described packaging with dosing guides and "not for human consumption" labels that he said were red flags.

Attorneys and owners representing the affected businesses disputed that characterization and criticized the board’s March 3 action as denying due process. Warren Tomlin, counsel for Rhino, said the companies rely on supplier certificates of analysis and described the March 3 suspensions as "a wrongful taking" that imposed severe financial hardship on employees and owners. "They didn't get that on March 3," Tomlin said of due-process protections. Chad Dixon, chief operating officer of The Vault, said his stores keep QR-coded lab reports from suppliers and have internal controls to prevent sales to minors.

County Attorney Ted Wilmot presented two draft resolutions for the board’s consideration: one to revoke licenses and one to lift suspensions subject to conditions. After discussion the board adopted the conditional-lift resolution that: (a) lists the five affected establishments, (b) prohibits possession or offering for sale of products and brands that the sheriff has designated as having tested positive for Schedule I or II substances, and (c) requires testing, at the expense of the businesses, by an independent laboratory approved by the sheriff.

Supervisor Doctor Lemming, who moved the measure, framed the vote as a compromise that protects public safety while preserving lawful commerce: "There is some middle ground that... makes everybody mad and is probably the right thing to do," he said. The motion passed 5–2; the record shows a split on public-safety urgency and on whether the initial suspension was legally appropriate without prior notice.

Sheriff Warren said his office will work with the board and the businesses to identify products for testing; lawyers for the shops suggested the businesses submit proposed testing labs for the sheriff's approval to limit the burden on law enforcement. The resolution also permits the sheriff to designate specific products for testing and to identify brands to be removed if positives are confirmed.

The board framed the action as protective and provisional: businesses that comply and remove tainted products could resume lawful sales; future violations may form the basis for revocation. The county attorney noted the board retains authority to revoke licenses if evidence supports that step.

Next steps: the sheriff’s office will vet proposed independent labs and the listed establishments will fund the required testing. The board did not revoke licenses at the April 7 meeting.