Vape laws by state (2026)
Vaping rules in the US sit on two layers: a single federal law that applies everywhere, and state and local rules that vary widely. Here is the plain-English version, with the full state-by-state table below. This page is general information, not legal advice — confirm your state and local rules before buying.
The federal baseline
Minimum age 21. Since 2019, federal law (the Tobacco 21 / "T21" law) makes it illegal to sell any tobacco or vapor product — including 0% nicotine vapes at most retailers — to anyone under 21, in every state (FDA: Tobacco 21). Online vape sellers must also follow the federal PACT Act, which sets registration, age-verification, carrier and record-keeping rules for shipping vapor products. Vapes Online Shop verifies age at checkout and sells to adults 21 and older only.
What varies by state
The short version: the buying age is 21 everywhere; six states plus Washington, DC restrict flavored vape sales statewide; and roughly two-thirds of states add a vape excise tax on top of sales tax. Cities and counties can add their own rules on top.
Flavor restrictions
A handful of states and cities restrict or ban flavored vape sales. Where rules apply, available products may be limited.
Excise taxes
Many states add a vape excise tax, charged per mL or as a percentage of price. This can change your total at checkout.
Shipping and PMTA rules
Some states limit online vape shipping or require additional verification. We ship only where it is permitted.
Registries and bans
A few states maintain product registries that limit which devices can be sold. Selection may differ by location.
State-by-state table
Statewide rules as checked in June 2026. "Flavor restriction" means a statewide restriction on flavored vapor-product sales (local city or county rules may exist anywhere). "Vape tax" means a statewide excise tax on vapor products in addition to ordinary sales tax — rates and structures vary and change often, so verify current rates with your state's revenue department.
| State | Min. age | Statewide flavor restriction | Statewide vape tax | Notes |
|---|---|---|---|---|
| Alabama | 21 | None | None | Federal T21 and PACT Act apply |
| Alaska | 21 | None | None | Some boroughs tax vapor products locally |
| Arizona | 21 | None | None | |
| Arkansas | 21 | None | None | |
| California | 21 | Yes | Yes | Statewide flavored-tobacco sales ban (Prop 31, 2022) |
| Colorado | 21 | Local rules | Yes | Several cities restrict flavored sales |
| Connecticut | 21 | None | Yes | |
| Delaware | 21 | None | Yes | |
| Florida | 21 | None | None | Device registry rules have been proposed |
| Georgia | 21 | None | Yes | |
| Hawaii | 21 | None | Yes | High percentage-of-wholesale tax |
| Idaho | 21 | None | None | |
| Illinois | 21 | Local rules | Yes | Chicago and Cook County add local taxes and flavor rules |
| Indiana | 21 | None | Yes | |
| Iowa | 21 | None | None | Product registry law enacted (2024) |
| Kansas | 21 | None | Yes | |
| Kentucky | 21 | None | Yes | Product registry law enacted (2024) |
| Louisiana | 21 | None | Yes | State V.A.P.E. directory limits which devices may be sold |
| Maine | 21 | None | Yes | Online delivery of vapor products is restricted |
| Maryland | 21 | Local rules | Yes | Montgomery County restricts flavored sales |
| Massachusetts | 21 | Yes | Yes | First statewide flavor ban (2020); high wholesale tax |
| Michigan | 21 | None | None | |
| Minnesota | 21 | Local rules | Yes | Top-tier wholesale tax; Minneapolis and St. Paul restrict flavors |
| Mississippi | 21 | None | None | |
| Missouri | 21 | None | None | |
| Montana | 21 | None | None | |
| Nebraska | 21 | None | Yes | Vape excise tax effective 2025 |
| Nevada | 21 | None | Yes | |
| New Hampshire | 21 | None | Yes | |
| New Jersey | 21 | Yes | Yes | Flavored e-cigarette sales banned statewide (2020) |
| New Mexico | 21 | None | Yes | |
| New York | 21 | Yes | Yes | Flavored vapor products banned statewide (2020); 20% retail tax |
| North Carolina | 21 | None | Yes | Product registry law enacted (2024) |
| North Dakota | 21 | None | None | |
| Ohio | 21 | None | Yes | |
| Oklahoma | 21 | None | None | |
| Oregon | 21 | None | Yes | |
| Pennsylvania | 21 | None | Yes | 40% wholesale tax |
| Rhode Island | 21 | Yes | Yes | Flavored ENDS sales banned (2020) |
| South Carolina | 21 | None | None | |
| South Dakota | 21 | None | None | |
| Tennessee | 21 | None | None | |
| Texas | 21 | None | None | |
| Utah | 21 | Yes | Yes | Statewide flavor restrictions in effect since 2025; retailer licensing rules |
| Vermont | 21 | None | Yes | 92% wholesale tax; delivery sales restricted |
| Virginia | 21 | None | Yes | |
| Washington | 21 | None | Yes | |
| West Virginia | 21 | None | Yes | |
| Wisconsin | 21 | None | Yes | Product registry law enacted (2025) |
| Wyoming | 21 | None | Yes | |
| Washington, DC | 21 | Yes | Yes | Flavored tobacco sales restricted district-wide |
Checked June 2026. State rules change frequently and local (city/county) rules can apply anywhere — this table is general information, not legal advice. Verify current rules with your state's health department or revenue department before relying on them.