By Jess Morales · Regulatory & Compliance Editor at VapesOnlineShop
Published February 2026 · Updated February 25, 2026
Vape laws in the United States are a patchwork. There's no single national rule — instead, federal baseline regulations combine with state-level laws that differ dramatically on flavor bans, taxes, indoor vaping, and online sales. What's legal in Texas may be banned in California. This guide covers every state so you know exactly what applies where you live.
This guide is for informational purposes only and does not constitute legal advice. Vape regulations change frequently at the state and local level. Always verify current laws through your state's official resources before making purchasing decisions. Last reviewed: February 2026.
Federal Laws That Apply in Every State
Before diving into state-specific rules, these federal regulations form the baseline across all 50 states:
Minimum age: 21 everywhere. Since December 2019, the federal Tobacco 21 law prohibits the sale of all tobacco and vaping products to anyone under 21. There are no exceptions — including for military personnel (the military exemption in California was eliminated in January 2025). This applies to both in-store and online purchases.
FDA oversight. The FDA regulates all electronic nicotine delivery systems (ENDS) under the Family Smoking Prevention and Tobacco Control Act. As of 2025–2026, the FDA requires pre-market authorization (PMTA) for all vaping products. Products without an approved or pending PMTA face enforcement action. This has affected product availability in some states that actively enforce PMTA compliance at the state level.
PACT Act compliance. The Prevent All Cigarette Trafficking Act was amended to include vaping products. All online vape shipments must follow strict labeling, age verification, and tax reporting requirements. Retailers must register with each state where they ship and report sales for tax purposes.
Shipping carrier restrictions. USPS, FedEx, and UPS either ban or severely restrict direct-to-consumer nicotine vape shipments. Most online orders now ship via compliant private or regional carriers, which may affect delivery speed and cost.
States with Flavor Bans
Flavor bans are the single biggest factor affecting what you can buy. As of early 2026, these states have enacted statewide restrictions on flavored vaping products:
| State | Flavor Ban Details | Effective |
|---|---|---|
| California | All flavors banned including menthol. Online sales ban effective Jan 2025. Only tobacco-flavored products on the state's Unflavored Tobacco List (UTL) are legal. San Francisco bans ALL vape sales entirely. | 2022 (in-store) / 2025 (online) |
| Massachusetts | All flavors banned including menthol. Only tobacco-flavored products allowed. | 2020 |
| New Jersey | All flavors banned. Only tobacco-flavored products allowed. | 2020 |
| New York | All flavors banned. Only tobacco-flavored products allowed. | 2020 |
| Rhode Island | All flavors banned. Permanent ban effective January 2025 (originally a 2019 executive order). | 2020 / 2025 (permanent) |
| Utah | Flavored vapes banned except tobacco and menthol. Upheld by federal judge in March 2025. | Jan 2025 |
City-level flavor bans also exist in municipalities within states that don't have statewide bans. Notable examples include Chicago (IL), Denver (CO), Columbus (OH), and Minneapolis (MN). Always check local ordinances in addition to state law.
What this means for online shopping: If you live in a flavor-ban state, online retailers (including VapesOnlineShop) may be unable to ship flavored products to your address. Tobacco-flavored options typically remain available. Check our shipping policy page for current state-specific restrictions.
Vape Tax by State
Approximately 33 states plus DC impose excise taxes on vaping products as of 2026. Tax structures fall into three categories, and rates vary enormously:
Highest-Tax States
| State | Tax Rate | Type |
|---|---|---|
| Massachusetts | 75% of wholesale | % Wholesale |
| Oregon | 65% of wholesale | % Wholesale |
| California | ~60% wholesale + 12.5% retail CECET + local sales tax | Multi-layer |
| Colorado | 56% wholesale (rising to 62% after 2027) | % Wholesale |
| Connecticut | 40% wholesale / $0.40 per mL (prefilled) | Hybrid |
| Illinois | $2.50 per mL of e-liquid | Per mL |
Moderate-Tax States
Many states fall in the 15–35% wholesale tax range or charge $0.40–$1.25 per mL of e-liquid. Examples include Florida (30% wholesale), Colorado (rising schedule), Delaware ($1.25/mL), Alabama ($0.75/mL), and Arkansas ($1.00/mL).
Low or No State Vape Tax
States including Texas, Mississippi, Missouri, Montana, Nebraska, and South Carolina currently have no specific vape excise tax (though standard sales tax still applies). These states offer the lowest overall cost for vapers. However, legislation is frequently introduced — check for updates.
For current prices on specific devices, see our Vape Price Guide — the price comparison table reflects pre-tax online pricing.
Indoor Vaping Restrictions
Most states regulate indoor vaping under existing smoke-free air laws or through separate vaping-specific legislation:
States that ban indoor vaping in workplaces, restaurants, and bars (same as smoking): California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, North Dakota, Oregon, Rhode Island, Utah, Vermont, and Washington, among others.
States with no comprehensive indoor vaping ban (may have local restrictions): Alabama, Alaska, Florida, Georgia, Idaho, Indiana, Kentucky, Mississippi, Missouri, Montana, Nebraska, Oklahoma, South Carolina, Tennessee, Texas, West Virginia, and Wyoming, among others. However, individual cities, counties, and private establishments may prohibit vaping indoors regardless of state law.
Practical rule: Always assume vaping is prohibited anywhere smoking is prohibited. Even in states without formal bans, most workplaces, restaurants, and public buildings prohibit vaping under their own policies. When in doubt, step outside.
Online Sales & Shipping Rules
Buying vapes online is legal in most states but comes with requirements and limitations:
Age verification is universal. All online vape purchases require 21+ age verification at both checkout (digital ID check) and delivery (adult signature required). This is federal law under the PACT Act.
States that restrict or ban online vape sales:
| State | Online Sales Rule |
|---|---|
| Arkansas | Online sales banned; retailers must sell in-person with a permit |
| California | Online flavor ban effective Jan 2025; tobacco-only products may be sold online |
| Georgia | Online sales limited; in-person transactions preferred |
| Hawaii | Prohibits online sales from out-of-state retailers (licensed retailers exempt) |
| Vermont | Online sales restricted; must ship via licensed distributor |
Most other states allow online purchases with proper age verification and PACT Act compliance. Shipping times may be longer due to the use of specialized private carriers instead of USPS/FedEx/UPS.
Full State-by-State Reference Table
This table covers all 50 states plus DC. Key: 🔴 = Major restriction, 🟡 = Moderate regulation, 🟢 = Minimal specific regulation (federal baseline applies).
| State | Min Age | Flavor Ban | Indoor Ban | Vape Tax |
|---|---|---|---|---|
| Alabama | 21 | 🟢 No | 🟢 Local | $0.75/mL |
| Alaska | 21 | 🟢 No | 🟢 Local | 20% wholesale |
| Arizona | 21 | 🟢 No | 🟡 State property | 25% wholesale |
| Arkansas | 21 | 🟢 No | 🟢 Local | $1.00/mL |
| California | 21 | 🔴 All flavors | 🔴 Yes | ~60% + CECET |
| Colorado | 21 | 🟡 Local bans | 🔴 Yes | 56% wholesale |
| Connecticut | 21 | 🟢 No | 🔴 Yes | 40% wholesale |
| Delaware | 21 | 🟢 No | 🔴 Yes | $1.25/mL |
| Florida | 21 | 🟡 Disposable only | 🟢 Local | 30% wholesale |
| Georgia | 21 | 🟢 No | 🟢 Local | 7% excise |
| Hawaii | 21 | 🟢 No | 🔴 Yes | 70% wholesale |
| Idaho | 21 | 🟢 No | 🟢 Local | None specific |
| Illinois | 21 | 🟡 City bans | 🔴 Yes | $2.50/mL |
| Indiana | 21 | 🟢 No | 🟢 Local | 15% wholesale |
| Iowa | 21 | 🟢 No | 🟡 Partial | None specific |
| Kansas | 21 | 🟢 No | 🟢 Local | $0.05/mL |
| Kentucky | 21 | 🟢 No | 🟢 Local | $1.50/mL |
| Louisiana | 21 | 🟢 No | 🟡 Partial | $0.15/mL |
| Maine | 21 | 🟢 No | 🔴 Yes | 43% wholesale |
| Maryland | 21 | 🟡 Age-restricted venues | 🔴 Yes | 60% wholesale |
| Massachusetts | 21 | 🔴 All flavors | 🔴 Yes | 75% wholesale |
| Michigan | 21 | 🟢 No | 🟡 Partial | None specific |
| Minnesota | 21 | 🟡 City bans | 🔴 Yes | 95% wholesale |
| Mississippi | 21 | 🟢 No | 🟢 Local | None specific |
| Missouri | 21 | 🟢 No | 🟢 Local | None specific |
| Montana | 21 | 🟢 No | 🟢 Local | None specific |
| Nebraska | 21 | 🟢 No | 🟢 Local | None specific |
| Nevada | 21 | 🟢 No | 🟡 Partial | 30% wholesale |
| New Hampshire | 21 | 🟢 No | 🟡 Partial | 8% wholesale |
| New Jersey | 21 | 🔴 All flavors | 🔴 Yes | $0.10/mL |
| New Mexico | 21 | 🟢 No | 🟡 Partial | 12.5% wholesale |
| New York | 21 | 🔴 All flavors | 🔴 Yes | 20% retail |
| North Carolina | 21 | 🟡 FDA-auth only | 🟢 Local | $0.05/mL |
| North Dakota | 21 | 🟢 No | 🔴 Yes | 28% wholesale |
| Ohio | 21 | 🟡 City bans | 🟡 Partial | 17% wholesale |
| Oklahoma | 21 | 🟢 No | 🟢 Local | None specific |
| Oregon | 21 | 🟢 No | 🔴 Yes | 65% wholesale |
| Pennsylvania | 21 | 🟢 No | 🟡 Partial | $0.40/mL |
| Rhode Island | 21 | 🔴 All flavors | 🔴 Yes | 40% wholesale |
| South Carolina | 21 | 🟢 No | 🟢 Local | None specific |
| South Dakota | 21 | 🟢 No | 🟡 Partial | None specific |
| Tennessee | 21 | 🟡 Pending | 🟢 Local | 10% wholesale (new 2025) |
| Texas | 21 | 🟢 No | 🟢 Local | None specific |
| Utah | 21 | 🔴 Except menthol | 🔴 Yes | 56% wholesale |
| Vermont | 21 | 🟢 No | 🔴 Yes | 92% wholesale |
| Virginia | 21 | 🟢 No | 🟡 Partial | $0.066/mL |
| Washington | 21 | 🟢 No | 🔴 Yes | $0.09/mL |
| West Virginia | 21 | 🟢 No | 🟢 Local | $0.075/mL |
| Wisconsin | 21 | 🟢 No | 🟡 Partial | $0.05/mL |
| Wyoming | 21 | 🟢 No | 🟢 Local | None specific |
| Washington DC | 21 | 🔴 All flavors | 🔴 Yes | 96% wholesale |
Tax rates shown are approximate and may not reflect the most recent adjustments. Some states have multiple tax tiers or are scheduled for rate increases. Verify with your state's department of revenue for current rates.
Frequently Asked Questions
Are vapes legal in the US?+
Yes. Vaping is legal for adults 21 and older in all 50 states. No state has banned vaping entirely. However, many states restrict specific products (like flavored vapes), tax them heavily, or limit where you can vape. San Francisco is the only major US city that bans all vape sales within city limits.
Can I order vapes online to my state?+
In most states, yes — with age verification at checkout and adult signature at delivery (21+). A few states restrict or ban online vape sales entirely (Arkansas, Hawaii for out-of-state, Vermont requires licensed distributors). States with flavor bans (CA, MA, NJ, NY, RI) may block flavored products from being shipped. Check VapesOnlineShop's shipping policy for your state.
What happens if I vape where it's banned indoors?+
In states with indoor vaping bans, penalties are similar to smoking violations — typically fines ranging from $50 to $500 for individuals. Businesses face higher penalties for allowing vaping on premises. Enforcement varies widely by location.
Can I travel with a vape on a plane?+
Vapes must be carried in your carry-on bag or on your person — they are prohibited in checked luggage (FAA rule due to lithium battery fire risk). Using a vape on any commercial flight is federally banned. E-liquid in containers over 3.4 oz must comply with TSA liquid rules if carried on.
Will my state ban vapes completely?+
It's unlikely. Even the most restrictive states (California, Massachusetts) haven't banned vaping outright — they've focused on flavored products, taxes, and public use restrictions. The federal government regulates vaping through the FDA's PMTA process rather than outright prohibition. However, regulations continue to evolve, and new bills are introduced in many states each legislative session.
Do I need to pay tax on vapes I buy online?+
Yes. Under the PACT Act, online retailers must collect and remit applicable state and local taxes. If your state has a vape excise tax, it will be applied at checkout (or by the retailer and reflected in the price). You may also owe state sales tax. The total tax burden varies from near-zero in states like Texas to 75%+ of wholesale in Massachusetts.