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Vaping and E-Cigarette Laws by State: Sellers

Created by FindLaw's team of legal writers and editors.

It pays to know the regulations and vaping laws in your state. Selling e-cigarettes, vape pens, e-liquids, product refills, or liquid nicotine, or receiving bulk shipments of these products, comes with a list of requirements and regulations you need to follow. Your store and employees must also be compliant, which requires understanding laws and regulations around product displays, age verification of customers, restricted store sections, sampling, mail and internet orders, and advertising.

State by State Regulations for Nicotine Devices

In some states, you may be considered both a retailer and a manufacturer, which means extra laws and rules would apply to your store. Staying compliant will save on fines, fees, and business delays. Your state’s laws may determine how your products can be displayed in shops, who can sell them to customers, the specific permits you need, what you pay in taxes, and requirements for packaging.

Learn more about the state-specific e-cigarette laws in the table below:

State

Important Restrictions

Limitations on Displays and Employee Requirements

Do You Need a Permit to Sell E-Cigarettes?

Alabama

  • Must ID all customers buying “alternative nicotine products”

An employee over 21 years old must be present for anyone under 21 to sell to customers (Section 28-11-13(a))

No

Alaska

  • Must ID all customers

Shop premises must be restricted to 19+ (Section 11-76-106) or e-cig sales must be supervised in a bar, vending machine, or club (Section 11-76-109(d))

Yes – Section 43.70.075(a)

Arizona

  • Must ID all customers

None

No

Arkansas

  • Retailers need permits
  • Permits required for vending machine sales
  • Must ID all customers

An employee must supervise all sales unless the customer is using a self-service machine in a 21+ business (Section 5-27-227(g-h))

Yes – Section 26-57-214 through 215(b)

California

No self-service machine sales allowed (Section 22962(b)(1)(A)) with a few exceptions. All displays must be 15 feet inside a bar entrance (Section 22960(b)(1)).

Yes – Sections 22972 and 22975(a)

Colorado

  • Must ID all customers

No vending machine sales allowed (Section 44-7-103(2))

No

Connecticut

  • Must ID all customers

Self-service machines only allowed in adult-only facilities (Section 21a-416(b))

Yes – Section 21a-415(a)

Delaware

  • License required to sell e-liquid, but not to sell vaping devices
  • Cannot advertise online to minors (Section 6-1204C(e))
  • Products taxed at $0.05 cents per fluid/ml (Section 30-5305(c)(2))
  • Must ID all customers

Self-service and vending machines only allowed in 18+ businesses (Section 11-1119)

Yes – Section 30-5301(15)

District of Columbia

Self-service machines allowed only in specialty tobacco stores (Section 7-1721.04(a-b)) and vending machine sales only allowed in 21+ businesses with liquor licenses (Section 7-1721.04(b)(1))

Yes – Section 47-2404(a)

Florida

  • Must ID all customers

Self-service devices allowed only in 18+ businesses unless vending machines have a lock controlled by the store (Section 877.112(11-12))

No

Georgia

  • Cannot hand out product or samples within 500 feet of schools or playgrounds (Section 16-12-174)
  • Must ID all customers

Vending machines allowed in locations not accessible by anyone under 18 years old. Exception for machines under employee supervision or at highway rest areas (Section 16-12-173(e)(1)).

No

Hawaii

Face-to-face sales required. No vending machine or self-service devices allowed except for duty-free shops or adult-only tobacco businesses (Section 328J-18).

Yes – Section 28-164

Idaho

  • Limitations for employees at businesses that sell e-cigarettes or vaping products
  • Mail services must provide a statement that shipping to anyone under 18 is illegal (Section 39-5717A)
  • Must ID all customers

Employees under 18 are only allowed to stock shelves and carry a customer’s purchase to their vehicle (Section 39-5703(1-2, 5)). Vending machines only allowed in 18+ businesses (Section 39-5706).

No

Illinois

Self-service machines allowed in adult-only businesses (Section 720-677/10)

No

Indiana

Self-service and vending machines allowed in 18+ businesses only (Section 35-46-1-11.8 and 35-46-1-11.5(c))

No

Iowa

Self-service or vending machines only allowed in 18+ businesses (Sections 453A.36A(1) and 453A.36(6))

Yes – Sections 453A.47A(1), 453A.13(1) and 453A.36(7)(a)

Kansas

  • Retailers and vending machine sales need a permit
  • Liquid refills are taxed at $0.05/ml (Section 79-3399(a))
  • Must ID all customers

Self-service machines must be in 18+ businesses or have a lock-out device (Section 79-3321(t) and(u))

Yes – Section 79-3303(a)

Kentucky

  • Must ID all customers

Any vending machines must be in 18+ businesses or within the employee’s line of sight (Section 438.315(3))

No

Louisiana

  • Taxed at $0.05/ml of nicotine liquid or any nicotine material (Section 47:841(F))
  • Must ID all customers

Self-service machines only allowed in tobacco shops or age-restricted areas (Sections 26:910 and 26:910.1)

Yes – Section 26:902(1)

Maine

  • Must ID all customers
  • Anyone age 18 as of July 1, 2018, is “grandfathered in” to the legal vaping age of 18

Must be 17 years old to sell products as an employee. If under age 21 there must be a supervisor who is 21 years old (Section 22-1555-B(1)).

Self-service displays must be bulk packages of 10 or more products in specialty tobacco shops or in 21+ locations (Section 22-1555-B(11)). Vending machines must be in 21+ locations only (Section 22-1553-A(1)(C)).

Yes – Section 22-1151-A(1)

Maryland

  • License required for shipping, importing, or selling e-cigarettes or vaping devices
  • Must ID all customers

N/A

Yes – Sections 16.7-201, 16.7-211(a), and 16.7-213(a)

Massachusetts

Self-service and vending machines only allowed in adult-only businesses (Section 940-21.04(2), (4))

No

Michigan

  • Must ID all customers for tobacco products – laws in development for age restrictions for vaping

N/A

No

Minnesota

  • Town boards may license devices — if they do not, the county board can license and regulate e-cigarette devices (Section 461.12(1))
  • Must ID all customers

Banned from kiosk sales (Section 461.21) and self-service machines must be in adults-only, tobacco-only businesses. Vending machines banned aside from 18+ businesses (Section 461.18).

Yes - Section 461.12(1)

Mississippi

  • All internet sales of products require a third-party age verification (Section 97-32-51(3)(b))
  • Must ID all customers

N/A

No

Missouri

  • Must ID all customers

Vending machines allowed in 18+ businesses or in machines with lock-out devices or under clear supervision of an 18+ employee (Section 407.931.2)

Yes - Section 407.934.1

Montana

  • Must ID all customers

Vending machines allowed in bars with line-of-sight from supervisor (Section 16-11-306(1))

Yes - Section 16-11-303(1)

Nebraska

  • Must ID all customers

Vending machines only allowed in 18+ businesses (Section 28-1429.02) and self-service machines only allowed in tobacco stores or cigar bars (Section 28-1429.03)

No

Nevada

  • Must ID all customers

N/A

No

New Hampshire

  • Must ID all customers

N/A

No

New Jersey

  • Taxed at $0.10/fluid ml and a proportionate rate of fractional fluid ml (Section 54:40B-3.2(a))
  • Must ID all customers

N/A

No

New Mexico

  • Must ID all customers

Self-service displays banned (Section 30-49-7(A)) and vending machines restricted to 18+ businesses (Section 30-49-7(b))

No

New York

  • Must ID all customers

Self-service displays allowed in adult-only businesses (Section 1399-cc(7)). Vending machines allowed in 18+ businesses or businesses with few employees under 18 with products not accessible to the public. Must be supervised by the manager (Section 1399-dd).

No

North Carolina

Vending machines must be inaccessible to anyone under 18 (Section 14-313(b1))

No

North Dakota

  • Online sales and mail orders require an 18+ ID and signature at delivery (Section 51-32-01(2))
  • Must ID all customers

Self-service and vending machines must be inaccessible to minors or be controlled by the store at all time (Section 12.1-31-03(1)(b)) and 12.1-31-03.1(1-2))

No

Ohio

  • Product quantity sold must be equal to the manufacturer's container, i.e., a pack of five must be sold as five even if the original packing is removed (Section 2927.02(B)(5))
  • Must ID all customers

Vending machines allowed in 18+ businesses or under the supervision of the owner (Section 2927.02(C))

No

Oklahoma

  • Cannot supply free samples within 300 feet of children at a school, park, playground, or anywhere “primarily used” by children (Section 63-1-229.18(A-B))
  • Must ID all customers

Vending machines must be in 18+ businesses and self-service displays must be in adult-only businesses (Section 63-1-229.17-.21(A))

No

Oregon

  • Must ID all customers

Self-service displays allowed only in 21+ businesses (Section 167.765) and vending machines allowed only in 21+ businesses (Section 167.780(2)). All sales banned at marijuana dispensaries (Section 333-008-1200(11)).

No

Pennsylvania

N/A

Yes - Section 72-8220-A(a)

Rhode Island

  • Coupons or free product samples banned within 500 feet of a school (Section 11-9-13.10)
  • Can only sell unaltered, factory-wrapped packaging for pens and devices (Section 11-9-13.8(2))
  • Must ID all customers

Vending machines must be in 21+ business or locked in supervised areas (Section 11-9-13.1(A))

Yes - Section 23-1-56(a)

South Carolina

  • Internet sales need third-party verification of customer age (Section 16-17-500(C))
  • Must ID all customers

Vending machines sales must be locked, controlled by the shop owners, and not accessible to anyone under 18 (Section 16-17-500(D))

No

South Dakota

  • Cannot give out free products or samples within 500 feet of schools, playgrounds, parks, or child-focused facilities (Section 34-46-2(7))
  • To sell, products must be in original packaging from the manufacturer (Section 34-46-21)
  • Must ID all customers

Self-service displays only allowed in 18+ areas of shops (Section 34-46-2(5)) and 34-46-21)

No

Tennessee

  • Free samples and products banned from distribution on public sidewalks, parks, and streets (Section 39-17-1504(c))
  • Mail sales require a statement that the customer is 18+ (Section 39-17-1504(d))
  • Must ID all customers

Minor employees must be supervised by a 21+ employee (Section 39-17-1505(f))

No

Texas

  • 18+ ID required for mail or internet orders and seller must verify age during purchase and again during delivery (Section 161.452)
  • Must ID all customers
  • Retailers must register with the state of Texas and file information about customer or store with the comptroller (Section 161.452(b))
  • Notice must be given about the ban on selling e-cigs to minors (Section 161.452(c))

Vending machines or self-service displays only allowed in 18+ business areas (Section 161.086)

 

Yes – Section 161.456

Utah

  • Sales must be face to face unless from a specialty tobacco shop
  • Must ID all customers
  • All sales must be from a 19+ restricted area of the business (Section 76-10-105.1(2-3)) that is 1,000 feet away from “community locations” and 600 feet from other tobacco shops and agriculture or residential zoned areas (Sections 17-50-333(4)(a) and 10-8-41.6(4)(a))
  • Samples banned unless given to adults at a professional convention or with the purchase of another product (Section 76-10-111)

Vending machines or self-service displays must be in 19+ restricted areas (Section 76-10-105.1(2-3)) in tobacco specialty shops

Yes – Sellers (Section 59-14-803(1)) and retailers (Sections 26-62-201, 17-50-333(3)(a) and 10-8-41.6(3)(a))

Vermont

  • Must ID all customers

Employees must be 16 years old to sell tobacco substitutes (Section 1002(f)). Self-service displays banned except for areas restricted to 18+ adults (Section 1003(c)(2)).

Yes – Section 1002(a)

Virginia

  • Mail or internet orders must verify that the customer is over 21 years old, unless they are 18 years old on active military duty, and require a signature during delivery (Section 18.2-371.2(C-D))
  • Must ID all customers

Vending machines must be in 21+ restricted areas of a business or shop (Section 18.2-371.2(A))

No

Washington

  • Samples banned at most colleges and universities (Section 478-136-035)
  • Nicotine product samples can be given out only with the customer’s consent and a disposable mouthpiece. The sampling team or employees must verify the customer is over 18 years old (Section 70.345.100).
  • Device samples can only be free if a device was also bought (Section 70.345.110)
  • Online or mail sales must verify the customer’s age through a third-party database and a credit card in the same customer’s name (Section 70.345.090(1-7))
  • Vaping or e-cigarette advertising banned on certain college campuses (Sections 172-122-310(3), 504-37-020(5),(7) and 504-38-020(6),(8))
  • Must ID all customers

Self-service displays allowed in 18+ businesses only (Section 70.345.080)

Yes – Section 70.345.030(1)(a)

West Virginia

Vending machines restricted to 18+ areas of businesses (Section 16-9A-8)

No

Wisconsin

  • Must ID all customers

All samples of products restricted to 18+ areas of businesses (Section 134.66(2)(am))

No

Wyoming

  • Must ID all customers

Self-service and vending machines restricted to 18+ locations (Section 14-3-303(b))

No

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Learn More About State Laws:

State Laws – Find overviews of state-specific legal areas
Official State Codes – Search the official laws for all states

Related Resources for E-Cigarette Laws:

Vaping and E-Cigarette Laws by State: Manufacturers
Vaping and E-Cigarette Laws by State: Consumers
Checklist: Minimize Business Risks and Losses
Business Operations Overview

Compliance Is Key for E-Cigarette Sales

Some states, and even some municipalities (towns and cities), have very detailed laws and specific exceptions that can make or break a nicotine-related business. Always review your state laws carefully and reach out to a business law attorney in your state for answers to specific questions or legal details. If you are questioning whether a product, package, or practice is compliant, ask first to avoid harsh penalties.

Next Steps

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