Vape Laws by State 2022: A Guide for Vape Shop Owners
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To date, the federal government has created two crucial vape laws every retailer should know. The first was raising the minimum age for buying and possessing vaping products to 21. And the second, the so-called “flavor ban,” which prohibits the sale of flavored closed-end system pods.
These two laws are the most significant federal laws passed, leaving states mostly on their own when it comes to regulating vaping. While some states have chosen to mimic the federal government flavor ban, opting to prohibit all sales of flavored vaping products (not just closed-end system pods), others have decided to create taxes on vapor products to limit their use.
This is why, with vaping laws continually changing, it’s important to know what’s going on at the state level. While only four states (Massachusetts, New Jersey, New York, and Rhode Island) have passed a complete flavor ban (including e-liquids and other vaping products), most states have other e-cigarette laws retailers need to be aware of.
The following is a list of state-by-state vaping regulations for 2022 compiled by VapeRanger. In each state, we break down if there is a flavor ban, a tax placed on vaping products, if there are new vape laws, or if there are other restrictions retailers and wholesalers need to know so they can continue serving their customers and selling vape products.
Still, we urge you to contact your local government or consult a lawyer to determine what regulations and vape laws for 2022 apply to your business since these laws are rapidly changing and could have changed at the time of this writing. Also, some regulations apply to cities and counties and might differ from laws at the state level.
Table of Contents:
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
1. Alabama
Is there a flavor ban?
- No statewide flavor ban for Alabama (Vaping Laws & Regulations by State - State Locator, 2022).
Is there a tax placed on vape products?
- There is no statewide tax placed on vape products in Alabama (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021).
Are there additional restrictions?
- Specialized retail licenses are required to sell vapor products.
- Minors that work in retail can only handle vape products if under the supervision of a 21-year-old.
- A county might not issue a license to sell vape products if the vape shop is 1,000 feet of a school, child-care facility, church, public library, playground or park, or other youth-centered facilities.
- E-liquids must be sold in child-resistant packaging.
- Delivery sales of vape products are prohibited unless a delivery permit has been obtained and the age of the buyer has been confirmed through a third-party verification system. The item must be purchased with a credit or debit card with the buyer’s name.
2. Alaska
Is there a flavor ban?
- No statewide flavor ban in Alaska (Vaping Laws & Regulations by State - State Locator, 2022).
Is there a tax placed on vape products?
- There is no statewide tax on vape products in Alaska (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021). Still, some municipalities have created their tax; for example, there is a 55% wholesale tax in Matanuska Susitna Borough and a 45% wholesale tax in Juneau, Petersburg, and NW Arctic Borough.
Are there additional restrictions?
- Specialized retail licenses are required to sell vapor products.
- Self-service displays of electronic smoking products are prohibited unless found in specialty tobacco shops that deny entry to persons under 19.
- Persons under the age of 19 are prohibited from selling vaping products.
- Vending machines of vape products must be located in bars, clubs, or package stores and away from the entrance and under continuous supervision by employees.
3. Arizona
Is there a flavor ban?
- No statewide flavor ban in Arizona (Vaping Laws & Regulations by State - State Locator, 2022).
Is there a tax placed on vape products?
- There is no statewide tax placed on vape products in Arizona (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021).
Are there additional restrictions?
- No other restrictions for retailers.
4. Arkansas
Is there a flavor ban?
- No statewide flavor ban in Arkansas (Vaping Laws & Regulations by State - State Locator, 2022). However, there is a sort of an online sales ban since tobacco permits issued to Arkansas businesses only allow face-to-face transactions (McDonald, 2022).
Is there a tax placed on vape products?
- There is no statewide tax placed on vape products in Arkansas (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021).
Are there additional restrictions?
- Specialized retail licenses are required to sell vapor products.
- E-liquid containers must come and be sold in child-resistant containers (except for sealed pre-filled or sealed cartridges not meant to be opened).
- The sale of vape products is prohibited to persons under the age of 21. This is unless that person is over 19 and on active military duty or has turned 19 as of December 31, 2019.
- Distribution of free samples or coupons for vaping products is prohibited near youth-centered facilities or persons under the age of 21 unless they are over 19 and on active military duty or have turned 19 as of December 31, 2019.
- Vending machines or self-service displays of vaping products must be placed only in specialty tobacco stores and vape shops and places where persons under 21 can’t access and must be under constant supervision.
- Separate permits are required for wholesalers, wholesalers salespeople, retailers, and vending machine sales.
5. California
Is there a flavor ban?
- No, there is no statewide flavor ban in California. However there is a law that was signed and is waiting for a vote in a referendum that will take place in November 2022. This vote will decide if California will have a state wide flavor ban on all vapes (McDonald, 2022).
Is there a tax placed on vape products?
- Electronic cigarettes are taxed at first distribution from wholesaler at a rate of 63.49% of wholesale cost. (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021).
- Electronic cigarettes wil lbe taxed at 12.5% of retail price on July 1, 2022 (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021).
Are there additional restrictions?
- Specialized retail licenses are required to sell vapor products.
- Cartridges of electronic cigarettes and solutions for filling electronic cigarettes must be sold in child-resistant packaging.
- Self-service displays of vape products are prohibited.
- Vending machines that sell electronic cigarettes must be in bars 15 feet from the entrance.
- Delivery sales, distribution, or nonsale distribution (e.g., mail, phone, online) of electronic cigarettes or vaping products through the U.S. Postal service or another parcel private or public entity is prohibited unless the age of the buyer of the product can be verified to be over 21 years old at the time of purchase and delivery. The container of the product must always contain a large label reading, “CONTAINS TOBACCO PRODUCTS: SIGNATURE OF PERSON 21 YEARS OF AGE OR OLDER REQUIRED FOR DELIVERY.”
6. Colorado
Is there a flavor ban?
- No statewide flavor ban in Colorado (Vaping Laws & Regulations by State - State Locator, 2022).
Is there a tax placed on vape products?
- There is a statewide tax placed on vape products in Colorado (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021). There is a gradual tax on nicotine products that began in 2021 and it works like this: 30% of manufacturer’s list price in 2021; 35% of manufacturer’s list price in 2022; 50% of manufacturer’s list price in 2023; 56% of manufacturer’s list price in 2024 through 2027; and 62% of manufacturer’s list price in 2027.
Are there additional restrictions?
- Specialized retail licenses are required to sell vapor products.
- Vending machines sales of vaping products are restricted only to limited gaming establishments.
- A retailer may not advertise e-cigarette devices outside of his retail location.
- Delivery sales of nicotine products will only happen if verification of the person receiving the product is made and the person is verified to be 21 years of age or older.
7. Connecticut
Is there a flavor ban?
- No statewide flavor ban in Connecticut (Vaping Laws & Regulations by State - State Locator, 2022).
Is there a tax placed on vape products?
- A statewide tax is placed on vape products in Connecticut (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021). Electronic cigarette products that come pre-filled by a manufacturer and are not intended to be refilled are taxed at $0.40/ml.
- Other vaping products are taxed at 10% of the wholesale price.
Are there additional restrictions?
- Specialized retail licenses are required to sell vapor products as well as for manufacturers.
- Self-service displays are prohibited for vaping products except in adult-only facilities.
- Delivery sales of vaping products must first verify age of the receiver and must include a shipping label that reads “CONTAINS AN ELECTRONIC NICOTINE DELIVERY SYSTEM OR VAPOR PRODUCT—SIGNATURE OF A PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY.”
8. Delaware
Is there a flavor ban?
- No statewide flavor ban in Delaware (Vaping Laws & Regulations by State - State Locator, 2022).
Is there a tax placed on vape products?
- There is a statewide tax placed on vape products in Delaware (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021). Vape products are taxed at a rate of $0.05/ per fluid ml.
Are there additional restrictions?
- Retailers also need a license to sell e-liquid, but not electronic cigarettes.
- Vending machine sales or self-service displays that sell vaping products are prohibited in places accessible to persons under 21.
- Advertising or marketing tobacco substitutes online or in mobile applications is prohibited when directed at children.
- Delivery sales of vaping products require a copy of a valid government ID from the consumer, proof that the ID is valid. Confirmation from the consumer of the legal sales age, delivery to the address found in the ID, and that said product is paid with a credit card or debit card with the consumer’s name on it. The package also needs to include large labeling stating “that tobacco substitute sales to consumers under age 21 are illegal.” Anyone engaging in delivery sales must register such sales to the Department of Finance.
9. Florida
Is there a flavor ban?
- No statewide flavor ban in Florida (Vaping Laws & Regulations by State - State Locator, 2022)
Is there a tax placed on vape products?
- There is no statewide tax placed on vape products in Florida (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021).
Are there additional restrictions?
- Specialized retail licenses are required to sell vapor products.
- Florida vape laws state that self-service displays of vaping products are prohibited in places accessible to persons under 18 except for sales made through vending machines that use a locking mechanism controlled by the retailer.
- Delivery sales of nicotine products require certification from consumer, verification of certification by retailer, notification to consumer of purchase age restriction, confirmation of shipment to consumer by telephone and use of a delivery service that will verify the age of person accepting delivery. Internet sales require advanced credit card payment by consumer.
10. Georgia
Is there a flavor ban?
- No statewide flavor ban in Georgia (Vaping Laws & Regulations by State - State Locator, 2022).
Is there a tax placed on vape products?
- There is a statewide tax placed on vape products in Georgia (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021). Vapor products in a closed system are taxed at a rate of $0.05 per fluid milliliter. Open system and prefilled or refillable devices will be taxed at a a rate of 7% total wholesale cost price.
Are there additional restrictions?
- Specialized retail licenses are required to sell vapor products.
- Distribution of free vaping products within 500 feet of a playground or school grounds is prohibited.
- Vending machine sales of vaping products are restricted to places inaccessible to persons under 18 years of age (unless machines under the supervision of an employee or next to highway rest stops).
- Sales of vapor product to others that are not a licensed manufacturer, importer, distributor or dealer, must be made face-to-face.
- Delivery of vapor products must by a person who is 21 years of age or older, to a person who has been verified to be 21 years of age or older and is in person to receive it.
11. Hawaii
Is there a flavor ban?
- No statewide flavor ban in Hawaii (Vaping Laws & Regulations by State - State Locator, 2022).
Is there a tax placed on vape products?
- There is no statewide tax placed on vape products in Hawaii (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021).
Are there additional restrictions?
- Specialized retail licenses are required to sell vapor products.
- Distribution of samples of electronic smoking devices is prohibited if on public property or within 1000 feet of a school.
- Electronic smoking devices can only be sold face-to-face (no vending machines or self-service displays) except in adult-only tobacco shops and duty-free facilities.
- Delivery sales of electronic smoking devices require third-party age verification, a copy of a government-issued ID, and age and signature verification upon and after delivery.
12. Idaho
Is there a flavor ban?
- No statewide flavor ban in Idaho (Vaping Laws & Regulations by State - State Locator, 2022)
Is there a tax placed on vape products?
- There is no statewide tax placed on vape products in Idaho (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021).
Are there additional restrictions?
- Specialized retail licenses are required to sell vapor products.
- Electronic devices must be sold in sealed packaging and display all required label warnings.
- Vending machine sales and self-service displays of electronic cigarettes are only allowed in adult-only tobacco shops or facilities.
- Distribution of samples of electronic cigarettes for free in public space or events is prohibited.
13. Illinois
Is there a flavor ban?
- No statewide flavor ban in Illinois (Vaping Laws & Regulations by State - State Locator, 2022). Except in Chicago, which has passed a city ordinance banning flavored vapor products other than “tobacco.”
Is there a tax placed on vape products?
- There is a statewide tax placed on vape products in Illinois (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021). Electronic cigarettes are taxed at a rate of 15% of the wholesale price.
Are there additional restrictions?
- Specialized retail licenses are required to sell vapor products.
- E-liquids may only be sold in child-resistant packaging excluding e-cigarettes that come in “pre-filled, sealed, or disposable cartridges.”
- Self-service displays of electronic cigarettes are only restricted to adults-only tobacco shops.
- Vending sales of electronic cigarettes are restricted to adult-only facilities.
- Remote sales of vapes or electronic cigarettes require third party age verification.
- Other restrictions regarding delivery sales can be found here.
14. Indiana
Is there a flavor ban?
- No statewide flavor ban in Indiana (Vaping Laws & Regulations by State - State Locator, 2022)
Is there a tax placed on vape products?
- There is a statewide tax placed on vape products in Indiana (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021). Vapor products are taxed at a rate of 15% of gross retail income received by the retail dealer for the sale. Closed system cartridges are taxed at 25% their wholesale price.
Are there additional restrictions?
- Specialized retail licenses are required to sell vapor products.
- Nicotine e-liquids must be sold in child-resistant packaging (except for pre-filled or sealed containers not meant to be opened).
- Manufacturers of e-liquids must include tamper-evident packaging and child-resistant caps, labels stating nicotine content, and of nicotine addictiveness, among many other requirements.
- Self-service displays and vending machines are only allowed in tobacco/vapes shops and places inaccessible to persons under 21 years of age.
- Retailers must have a valid sales certificate issued by the commission to sell e-liquids.
- Retailers, manufacturers, and distributors are prohibited from marketing electronic cigarettes as a modified risk product.
- Retailers are prohibited from selling e-liquids or vape juice with more than 75 mg/ml of nicotine.
- Manufacturing of e-liquids is prohibited unless the manufacturer has the proper permits.
- Retailers that ship e-liquids for delivery sale must include in the packaging a document with the following statement: “E-LIQUIDS: Indiana law prohibits the sale of this product to a person who is less than 21 years of age.”
- Delivery sale of e-liquids may only be made after the buyer has prepaid for the product, the product has been delivered to the buyer, and a good faith effort has been made to verify age.
- Sales of electronic cigarettes containing Vitamin E acetate is prohibited.
- A specialty vape shop can not be within 1,000 feet of a school (applied to new business as of July 1, 2020).
15. Iowa
Is there a flavor ban?
- No statewide flavor ban in Iowa (Vaping Laws & Regulations by State - State Locator, 2022).
Is there a tax placed on vape products?
- There is no statewide tax placed on vape products in Iowa (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021).
Are there additional restrictions?
- Specialized retail licenses are required to sell vapor products.
- No distribution allowed of free samples of vaping products if within 500 feet of places primarily in use by minors.
- Self-service displays and vending machines are only allowed in adult-only facilities.
- Retailers making delivery sales must use a method that requires an 18-year-old or older signature before the package is released.
16. Kansas
Is there a flavor ban?
- No statewide flavor ban in Kansas (Vaping Laws & Regulations by State - State Locator, 2022).
Is there a tax placed on vape products?
- A statewide tax is placed on vape products in Kansas (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021). The tax imposed "privilege of selling or dealing in electronic cigarettes...by any person engaged in business as a distributor thereof, at the rate of $.05 per milliliter of consumable material."
Are there additional restrictions?
- Retailers and vending machine distributors need to obtain licenses to sell electronic cigarettes or vaping products.
- Electronic cigarettes' self-service displays are limited to tobacco-specialty shops, and vending machines need to be inaccessible to persons under 18 years of age or need a lockout device.
17. Kentucky
Is there a flavor ban?
- No statewide flavor ban in Kentucky (Vaping Laws & Regulations by State - State Locator, 2022).
Is there a tax placed on vape products?
- There is a statewide tax placed on vape products in Kentucky (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021). Closed vapor cartridges are taxed at $1.50. Open vaping systems are taxed at a rate of 15% of the actual price distributor sells the system.
Are there additional restrictions?
- Sales distribution of samples of vapor products to persons under 21 years of age is prohibited.
- Vending machines of vapor products must be in the line of sight of the cashier of the retail establishment.
18. Louisiana
Is there a flavor ban?
- No statewide flavor ban in Louisiana (Vaping Laws & Regulations by State - State Locator, 2022).
Is there a tax placed on vape products?
- A statewide tax is placed on vape products in Louisiana(U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021). The state applied $0.05 per milliliter of liquid nicotine or other material containing nicotine and depleted as vapor.
Are there additional restrictions?
- Specialized retail licenses are required to sell vapor products.
- Vaping products must come in tamper-evident and child-resistant packaging
- Self-service displays are only allowed in tobacco shops and businesses vending machines in age-restricted settings.
19. Maine
Is there a flavor ban?
- No statewide flavor ban in Maine (Vaping Laws & Regulations by State - State Locator, 2022). However, a sales ban states, “A tobacco product may not be shipped to anyone other than a licensed tobacco distributor or licensed tobacco retailer in this State,” making out-of-state online and phone sales illegal.
Is there a tax placed on vape products?
- There is a statewide tax placed on vape products in Maine (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021). The state taxes e-cigarettes as “other tobacco” products at the rate of 43% of the wholesale price.
Are there additional restrictions?
- Specialized retail licenses are required to sell vapor products.
- E-liquids or nicotine liquid containers can not be sold unless they have child-resistant packaging.
- Retail employees must be 17 years old or older; if between 17 years old and 21 years old, they can only sell vaping products under the supervision of a 21-year-old.
- Self-service displays of tobacco products are illegal unless located in specialty stores or places inaccessible to persons under 21 years of age or sell in multi-unit packages of 10 or more.
20. Maryland
Is there a flavor ban?
- There is a statewide flavor ban in Maryland (Vaping Laws & Regulations by State - State Locator, 2022), and the sale of electronic smoking devices and disposables is prohibited (menthol and tobacco are the only flavors allowed).
Is there a tax placed on vape products?
- There is a statewide tax placed on vape products in Maryland (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021). Electronic smoking devices are taxed at a rate of 12% their retail price. Vape juices and e-liquid sold in container of 5 ml or less is taxed at rate of 60% of the retail price.
Are there additional restrictions?
- Licenses required if shipping, manufacturing, distributing, importing, or selling electronic smoking devices into or within the state
21. Massachusetts
Is there a flavor ban?
- There is a statewide flavor ban in Massachusetts(Vaping Laws & Regulations by State - State Locator, 2022). Governor Charlie Baker signed into law on November 27, 2019, a ban prohibiting all non-tobacco flavored tobacco and flavored vapor products. The ban took effect immediately.
Is there a tax placed on vape products?
- A statewide tax is placed on vape products in Massachusetts (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021). Electronic nicotine delivery systems are taxed at 75% of the wholesale price.
Are there additional restrictions?
- Specialized retail licenses are required to sell vapor products for retailers and distributors.
- E-liquids or liquids containing nicotine must be sold in child-resistant packages.
- Electronic smoking devices can not be opened, repackaged, or sold in smaller quantities than those distributed by the manufacturer.
- All sales of flavored tobacco products are only allowed in smoke bars for onsite consumption and sales of flavored electronic nicotine delivery devices to out-of-state buyers.
- The sale of electronic nicotine delivery systems with nicotine content greater than 35mg/ml is only allowed in specialty tobacco shops or smoke bars.
- Self-service and vending machines are only allowed in adult-only facilities
- The distribution of free samples of electronic cigarettes is prohibited.
- Mail order or internet sale of electronic smoking devices is not permitted unless the retailer can verify the purchaser's age and the purchaser's signature upon delivery.
- Distribution of free samples in retail and other commercial establishments is prohibited and only allowed in tobacco specialty shops and smoking bars.
22. Michigan
Is there a flavor ban?
- No statewide flavor ban in Michigan (Vaping Laws & Regulations by State - State Locator, 2022), although the state imposed an emergency ban on December 27, 2019. Michigan Supreme Court overturned the ban.
Is there a tax placed on vape products?
- There is no statewide tax placed on vape products in Michigan (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021).
Are there additional restrictions?
- Online sales of vaping products require verification of age by a third party
23. Minnesota
Is there a flavor ban?
- No statewide flavor ban in Minnesota (Vaping Laws & Regulations by State - State Locator, 2022)
Is there a tax placed on vape products?
- Yes, a statewide tax is placed on vape products in Minnesota (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021). The tax is 95% of wholesale price imposed on tobacco products, including electronic cigarettes.
Are there additional restrictions?
- Specialized retail licenses are required to sell vapor products.
- E-liquids or liquids intended for human consumption with nicotine or without nicotine used alongside electronic delivery systems must be sold in child-resistant packaging.
- Retail locations need licenses or permits to sell electronic delivery devices or any electronic device that delivers nicotine.
- Self-service displays of electronic delivery devices allowed only in adult-only tobacco businesses, and vending machines only allowed in places inaccessible to persons under 21.
- Delivery sales occurring after December 31, 2021 by an out-of-state retailer must file a statement with the Dept. of Revenue.
24. Mississippi
Is there a flavor ban?
- No statewide flavor ban in Mississippi (Vaping Laws & Regulations by State - State Locator, 2022).
Is there a tax placed on vape products?
- There is no statewide tax placed on vape products in Mississippi (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021).
Are there additional restrictions?
- Online sales of alternative nicotine products (vaping products) or any cartridge or component require third-party verification of the purchaser’s age.
25. Missouri
Is there a flavor ban?
- No statewide flavor ban in Missouri (Vaping Laws & Regulations by State - State Locator, 2022).
Is there a tax placed on vape products?
- There is no statewide tax placed on vape products in Missouri (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021).
Are there additional restrictions?
- Specialized retail licenses are required to sell vapor products.
- E-liquid containers must come in child-resistant packaging (except pre-filled containers not intended to be opened).
- Sales tax licenses are required to sell e-cigarettes.
- Vending machine sales are restricted to places where persons under the age of 18 cannot access or where machines are equipped with lockout devices and are under an adult's direct supervision.
26. Montana
Is there a flavor ban?
- No statewide flavor ban in Montana (Vaping Laws & Regulations by State - State Locator, 2022).
Is there a tax placed on vape products?
- There is no statewide tax placed on vape products in Montana (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021).
Are there additional restrictions?
- Specialized retail licenses are required to sell vapor products.
- Vending machine sales are restricted only to bars where the machine is under direct supervision.
27. Nebraska
Is there a flavor ban?
- No statewide flavor ban in Nebraska (Vaping Laws & Regulations by State - State Locator, 2022).
Is there a tax placed on vape products?
- There is no statewide tax placed on vape products in Nebraska (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021).
Are there additional restrictions?
- Specialized retail licenses are required to sell vapor products.
- Vending machine sales of vapor products are restricted to locations inaccessible to the general public or where liquor is sold.
- Self-service displays are only allowed in tobacco specialty stores and cigar bars.
28. Nevada
Is there a flavor ban?
- No statewide flavor ban in Nevada (Vaping Laws & Regulations by State - State Locator, 2022).
Is there a tax placed on vape products?
- There is a statewide tax placed on Nevada's vape products (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021). Vapor products are taxed at a rate of 30% of the wholesale price.
Are there additional restrictions?
- A retail license or permit is needed to sell e-cigarettes and vapor products.
- Online/phone sales of vapor products must be packed and clearly labeled as “tobacco products” after a third-party age verification of the buyer is performed.
29. New Hampshire
Is there a flavor ban?
- No statewide flavor ban in New Hampshire (Vaping Laws & Regulations by State - State Locator, 2022).
Is there a tax placed on vape products?
- Yes, a statewide tax is placed on vape products in New Hampshire (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021). Closed-end systems or cartridges not meant to be opened are taxed at $0.30/ml, while open-end systems are taxed at the rate of 8% of the wholesale price.
Are there additional restrictions?
- Specialized retail licenses are required to sell vapor products.
- All e-liquids must liquid nicotine must be sold in original packaging.
- Free samples of e-liquid and e-cigarettes are restricted to places only accessible to 19 years or older or licensed tobacco shop
30. New Jersey
Is there a flavor ban?
- Yes, there is a statewide flavor ban in New Jersey (Vaping Laws & Regulations by State - State Locator, 2022). On January 21, 2020, Governor Phil Murphy signed into law the bill S3265, which banned all flavored vape products other than tobacco.
Is there a tax placed on vape products?
- A statewide tax is placed on vape products in New Jersey (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021). E-liquid is taxed at the rate of $0.10 per fluid milliliter by volume, and “and a proportionate rate on all fractional parts of a fluid milliliter (except container e-liquid).”
- Container e-liquid taxed at a rate of 10% of the listed retail sale price.
Are there additional restrictions?
- Specialized retail licenses are required to sell vapor products.
- E-liquids must be sold in child-resistant containers.
- Advertising of vape products in New Jersey transit prohibited.
- Specialty vaping stores can only sell E-liquids.
- Discounts of vaping products through coupons or rebates are not permitted.
- Distribution of free samples of vape flavored products prohibited.
31. New Mexico
Is there a flavor ban?
- No statewide flavor ban in New Mexico (Vaping Laws & Regulations by State - State Locator, 2022).
Is there a tax placed on vape products?
- Yes, a statewide tax is placed on vape products in New Mexico (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021). E-liquids are taxed at a rate of 12.5% of the product value.
- Closed-end systems are taxed at a rate of $0.50 per cartridge.
Are there additional restrictions?
- Specialized retail licenses are required to sell vapor products.
- E-liquids must be sold in child-resistant containers (unless containers are prefilled and not meant to be opened).
- Vaping products, including e-cigarettes and e-liquids, must be sold in original factory packaging.
- Self-service displays of e-liquids and electronic cigarettes are prohibited.
- Vending machines of e-cigarettes and e-liquids must be located in places inaccessible to persons under 21.
- Free samples of e-liquids and e-cigarettes are not permitted unless written approval is acquired first.
- Delivery sales of e-cigarettes require third-party age verification.
- Other restrictions apply to see all click here.
32. New York
Is there a flavor ban?
- Yes, there is a statewide flavor ban in New York (Vaping Laws & Regulations by State - State Locator, 2022). On May 18, 2020, Governor Andrew M. Cuomo signed a ban prohibiting all flavored vape products from being sold.
- The bill also prohibits the sale of nicotine and vapor products from being sold in pharmacies.
- Online sales of e-liquids are prohibited in the state; however, this does not include components or devices.
Is there a tax placed on vape products?
- Yes, a statewide tax is placed on vape products in New York (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021). The tax is 20% of the retail price on all vaping products.
Are there additional restrictions?
- Specialized retail licenses are required to sell vapor products.
- E-liquids must be sold in child-resistant bottles.
- Manufacturers must include a list of ingredients, health effects or side effects, and byproducts that might occur in regular use of the vaping product.
- Self-service displays of vapor products are prohibited, except in tobacco businesses, and inaccessible to persons at least 21 years of age.
- Vending machine sales of vapor products are limited to bars, private clubs, and tobacco businesses.
- Shipments of vapor products for consumption must be clearly labeled as “vapor products” if shipped in something other than the original packaging.
- Distribution of free samples or reduced-priced vapor products is prohibited.
- Retailers may not create discount sales of vapor products.
- Advertising for vapor products must be 1,500 feet away from schools (if in New York City, advertisements must be 500 feet away).
33. North Carolina
Is there a flavor ban?
- No statewide flavor ban in North Carolina (Vaping Laws & Regulations by State - State Locator, 2022).
Is there a tax placed on vape products?
- Yes, a statewide tax is placed on vape products in North Carolina (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021). All vaping products are taxed at the rate of $0.05 fluid millimeter of the consumable product.
Are there additional restrictions?
- Specialized retail licenses are required to sell vapor products.
- E-liquids must come in child-resistant containers and must be labeled and state that the product contains nicotine.
- Vending machine sales of vapor products must be located in places inaccessible to persons under 21 of age or with the owner's supervision.
- A license is needed to sell tobacco and vapor products.
- Sample vapor products can only be distributed in adult-only facilities.
- Delivery sellers of vapor products must obtain a license and send a memo each month of the invoice of these sales to the state.
34. North Dakota
Is there a flavor ban?
- No statewide flavor ban in North Dakota (Vaping Laws & Regulations by State - State Locator, 2022).
Is there a tax placed on vape products?
- There is no statewide tax on vape products in North Dakota (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021).
Are there additional restrictions?
- Containers of e-liquid must be child-resistant.
- Self-service displays are restricted to tobacco stores and vending machines to places inaccessible to persons under the age of 18 or controlled by the seller.
- Other restriction apply to view all click here.
35. Ohio
Is there a flavor ban?
- No statewide flavor ban in Ohio (Vaping Laws & Regulations by State - State Locator, 2022).
Is there a tax placed on vape products?
- Yes, a statewide tax is placed on vape products in Ohio (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021). Vapor products are taxed at a rate of $0.01 per vapor volume.
Are there additional restrictions?
- Specialized retail licenses are required to sell vapor products.
- Vaping products must be sold in the same minimum quantities as the manufacturer’s container.
- Vending machine sales of vapor products limited to locations inaccessible to persons under the age of 21.
- A retail license is needed to sell e-cigarettes.
- Only licensed secondary manufacturers can dilute, reconstitute, or reprocess vapor products for resale to consumers.
36. Oklahoma
Is there a flavor ban?
- No statewide flavor ban in Oklahoma (Vaping Laws & Regulations by State - State Locator, 2022).
Is there a tax placed on vape products?
- There is no statewide tax placed on vape products in Oklahoma (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021).
Are there additional restrictions?
- Vending machines sales are restricted to places inaccessible to persons under the age of 21.
- Distribution of free samples of vapor products to persons 21 years of age, only allowed if 300 feet away from playgrounds, schools, or other facilities used by persons under the age of 21.
- Self-service displays are only allowed in adult-only facilities.
- Other restrictions apply to view all restrictions click here.
37. Oregon
Is there a flavor ban?
- No statewide flavor ban in Oregon (Vaping Laws & Regulations by State - State Locator, 2022). However according to Vaping360, online sales are banned except between licensed businesses (McDonald, 2022).
Is there a tax placed on vape products?
- There is a statewide tax placed on vape products in Oregon (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021). Inhalant delivery systems (vaping products) taxed at rate of 65% of wholesale price.
Are there additional restrictions?
- Specialized retail licenses are required to sell vapor products.
- Vaping products must be sold in child-resistant packaging that is not attractive to persons under the age of 18 and must be labeled according to the state's rules.
- Self-service displays are only allowed in places only accessible to 21-year-olds.
- Delivery sales of vaping products require the seller to obtain a distributor’s license (and potentially a retail license), a certification from the consumer that they are at least age 21 years, verify the consumer’s age through a third-party verification system. The delivery must contain a prominent statement that sales to persons under age 21 years are illegal and that proof of age is required.
38. Pennsylvania
Is there a flavor ban?
- No statewide flavor ban in Pennsylvania (Vaping Laws & Regulations by State - State Locator, 2022).
Is there a tax placed on vape products?
- Yes, a statewide tax is placed on vape products in Pennsylvania (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021). Electronic cigarettes are taxed at 40% of the purchase price paid by the retailer.
Are there additional restrictions?
- Specialized retail licenses are required to sell vapor products.
- Electronic cigarettes must be sold in original packaging without being modified or altered.
- Self-service displays of electronic cigarettes are only allowed in specialty tobacco shops.
- Other restrictions apply to view all click here.
39. Rhode Island
Is there a flavor ban?
- Yes, there is a statewide flavor ban in Rhode Island (Vaping Laws & Regulations by State - State Locator, 2022). As of March 26th, 2020, all flavored vaping products except tobacco are prohibited in the state.
Is there a tax placed on vape products?
- There is no statewide tax placed on vape products in Rhode Island (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021).
Are there additional restrictions?
- Specialized retail licenses are required to sell vapor products.
- Electronic delivery systems must be sold in original packaging.
- E-liquids must be sold in child-resistant packaging.
- Vending machines only allowed in direct sight of authorized persons and places inaccessible to persons under 21.
- Distribution of free samples or coupons restricted to locations 500 feet away from schools.
40. South Carolina
Is there a flavor ban?
- No statewide flavor ban in South Carolina (Vaping Laws & Regulations by State - State Locator, 2022).
Is there a tax placed on vape products?
- There is no statewide tax placed on vape products in South Carolina (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021).
Are there additional restrictions?
- E-liquids must come secured in child-resistant packaging and labeled with warnings prescribed by federal regulation.
- Internet or remote sales of alternative nicotine products require third-party age verification.
- Specialty vaping stores must prohibit entry to persons under the age of 18.
- Other restrictions apply click here to view all.
41. South Dakota
Is there a flavor ban?
- No statewide flavor ban in South Dakota (Vaping Laws & Regulations by State - State Locator, 2022). However, there is a state wide online sales ban, since shipping of all tobacco products (including vapes) is prohibited (McDonald, 2022).
Is there a tax placed on vape products?
- There is no statewide tax placed on vape products in South Dakota (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021).
Are there additional restrictions?
- Vapor products must be sold in original packaging.
- Distribution of vapor products must be at least 500 feet away from schools, playgrounds, or other facilities primarily used by persons under 21.
- Self-service displays and vending machines are restricted to places inaccessible to persons under the age of 21.
42. Tennessee
Is there a flavor ban?
- No statewide flavor ban in Tennessee (Vaping Laws & Regulations by State - State Locator, 2022).
Is there a tax placed on vape products?
- There is no statewide tax placed on vape products in Tennessee (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021).
Are there additional restrictions?
- E-liquids must have child-resistant containers.
- Employees under the age of 18 are allowed to handle vapor products if under the supervision of persons 21 years of age or older.
- Distribution of free samples of vapor products is prohibited in “any public street, sidewalk, or park.”
- More restrictions apply click here to view all.
43. Texas
Is there a flavor ban?
- No statewide flavor ban in Texas (Vaping Laws & Regulations by State - State Locator, 2022).
Is there a tax placed on vape products?
- There is no statewide tax placed on vape products in Texas (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021).
Are there additional restrictions?
- Specialized retail licenses are required to sell vapor products.
- Liquid nicotine must come in child-resistant containers unless pre-filled and sealed by the manufacturer and not intended to be opened.
- Vaping laws in Texas state that distribution/redemption of vapor products coupons is prohibited to persons under the age of 21.
- Self-service displays and vending machine sales only allowed in places inaccessible to persons under the age of 21.
- Retailers of e-cigarette delivery sales must first register with the state, verify before and after delivery that the buyer is 21 years old or older, include a notice about the prohibition of selling an e-cigarette to minors, and file the required information with the state’s comptroller.
44. Utah
Is there a flavor ban?
- No statewide flavor ban in Utah (Vaping Laws & Regulations by State - State Locator, 2022). However, sales are only limited to face-to-face, vending machines sales, and self-service displays sales (phone and online sales are prohibited unless you are a “licensed person”).
Is there a tax placed on vape products?
- Yes, a statewide tax is placed on vape products in Utah (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021). E-liquids and electronic cigarettes are taxed at a rate of 56% of the manufacturer’s sales price.
Are there additional restrictions?
- Specialized retail licenses are required to sell vapor products.
- Vaping laws in Utah state that tobacco specialty shops must only allow people over 21 years of age to enter.
- Tobacco retail shops must be located 1,000 feet away from schools, churches, playgrounds, youth centers, and other “community locations” 600 feet away from other tobacco stores, and 600 feet away from property used for agricultural or residential purposes.
- Distribution of free samples of vaping products only allowed to persons over the age of 21 at “professional conventions” or with “purchase of another tobacco product or electronic cigarette.
45. Vermont
Is there a flavor ban?
- No statewide flavor ban in Vermont (Vaping Laws & Regulations by State - State Locator, 2022). However according to Vaping360, there is an online sales ban, except between licensed businesses (McDonald, 2022).
Is there a tax placed on vape products?
- Yes, a statewide tax is placed on vape products in Vermont (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021). Vaping products have an excise tax of 92% of the wholesale price.
Are there additional restrictions?
- Specialized retail licenses are required to sell vapor products.
- All e-liquids must come in child-resistant containers and packages, not including prefilled cartridges, not meant to be opened.
- No person under the age of 16 can sell tobacco substitutes or vaping products.
46. Virginia
Is there a flavor ban?
- No statewide flavor ban in Virginia (Vaping Laws & Regulations by State - State Locator, 2022).
Is there a tax placed on vape products?
- There is a statewide tax placed on vape products in Virginia (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021). Liquid nicotine taxed at rate of 6.6 cents per ml.
Are there additional restrictions?
- All e-liquids must come in child-resistant containers unless they are prefilled cartridges not meant to be opened.
- Mail order and internet sales of vaping products require that the buyer's age is verified to be over 21 years of age and that the recipient provides a signature at the time of delivery.
- Vending machine sales of vaping products limited to places inaccessible to persons under the age of 21.
47. Washington
Is there a flavor ban?
- No statewide flavor ban in Washington (Vaping Laws & Regulations by State - State Locator, 2022).
Is there a tax placed on vape products?
- Yes, two statewide taxes are placed on vape products in Washington (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021). The first is for accessible containers (refill bottles) of a solution greater than 5ml, taxed at $0.09 per ml.
- The other tax is for prefilled cartridges and pods, taxed at $0.27 per ml.
Are there additional restrictions?
- Specialized retail licenses are required to sell vapor products.
- E-liquid containers must be child-resistant.
- Self-service displays of vapor products are prohibited unless in locations inaccessible to persons under the age of 21.
- Distribution of sample products must occur in licensed retailer premises and only to persons 21 years of age or older, containing no nicotine (unless customer consents) and use a disposable mouthpiece.
- Distribution of free vaping products must take simultaneously with a purchase of a vaping product.
- Delivery sales of vaping products are prohibited unless the seller has a delivery license, verifies the purchaser's age through a third party database, and only accepts payment through a credit card with the purchaser's name.
- Sales, distribution, and electronic cigarette advertisements in the following university campuses are prohibited: Eastern Washington University, WSU Vancouver, and Washington State University Pullman.
- Other restrictions apply to view all click here.
48. West Virginia
Is there a flavor ban?
- No statewide flavor ban in West Virginia (Vaping Laws & Regulations by State - State Locator, 2022)
Is there a tax placed on vape products?
- Yes, a statewide tax is placed on vape products in West Virginia (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021). E-liquids are taxed at the rate of $0.075 per ml or fraction thereof.
Are there additional restrictions?
- No other restrictions.
49. Wisconsin
Is there a flavor ban?
- No statewide flavor ban in Wisconsin (Vaping Laws & Regulations by State - State Locator, 2022).
Is there a tax placed on vape products?
- Yes, a statewide tax is placed on vape products in Wisconsin (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021). Vaping products are taxed at a rate of $0.05 per ml or other substances.
Are there additional restrictions?
- No other restrictions
50. Wyoming
Is there a flavor ban?
- No statewide flavor ban in Wyoming (Vaping Laws & Regulations by State - State Locator, 2022).
Is there a tax placed on vape products?
- Yes, a statewide tax is placed on vape products in Wyoming (U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center, 2021). Vaping products purchased or imported to the state are taxed at 15% of the wholesale price. If tax is not paid at the wholesale purchase time, consumers pay tax at a rate of 7.5% of the retail price.
Are there additional restrictions?
- E-liquids must come in child-resistant packaging.
- Self-service displays and vending machines are restricted to places inaccessible to persons under the age of 21.
- Remote sales require third-party age verification and the signature of the buyer upon receipt.
- License is required for wholesalers and manufacturers to sell vaping products.
References
- Vaping Laws & Regulations by State - State Locator. (2022, January 28). CASAA. Retrieved February 17, 2022, from https://casaa.org/get-involved/state-locator/
- U.S. E-Cigarette Regulations - 50 State Review | Public Health Law Center. (2021, December 15). Public Health Law Center. Retrieved February 17, 2022, from https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review
- McDonald, J. M. (2022, February 1). Vape Bans: E-Cigarette Restrictions in the U.S. and Worldwide. Vaping360. Retrieved February 17, 2022, from https://vaping360.com/learn/countries-where-vaping-is-banned-illegal/#us-bans-on-flavored-vapes-and-online-sales