Tobacco & Vaping Preemption: Every State Ranked (2026)

Alaska law makes it a violation to sell or give tobacco, e-cigarettes, or vapor products to any person under 19 under AS 11.76.105, with federal Tobacco 21 raising the effective age to 21.

Alaska does not impose a statewide ban on flavored tobacco or flavored e-cigarettes, but boroughs and cities retain authority to adopt local restrictions on flavored products.

Alaska regulates vape retailers through state tobacco endorsement requirements under AS 43.50, while boroughs and cities may impose additional licensing, taxes, and zoning on electronic cigarette sellers.

California prohibits sale of tobacco and vapor products to anyone under 21 statewide under Business and Professions Code 22958, enacted by SBX2-7 in 2016. The Tobacco 21 standard applies uniformly across all California jurisdictions.

California bans retail sale of most flavored tobacco products statewide under Health and Safety Code 104559.5, enacted by SB 793 (2020) and upheld by voters via Proposition 31 in November 2022. The ban applies uniformly to all California retailers.

California requires statewide licensing of tobacco and vape retailers under the STAKE Act and the Cigarette and Tobacco Products Licensing Act. Business and Professions Code 22970 establishes uniform retailer licensing, while local governments may adopt stricter rules.

Illinois prohibits sale of any tobacco, alternative nicotine, and electronic cigarette product to persons under 21 under the Prevention of Tobacco Use by Persons under 21 Act.

Illinois has no comprehensive statewide flavored tobacco ban, but home rule municipalities such as Chicago and Evanston may regulate flavored e-cigarettes under local police power.

Illinois requires retailers selling electronic cigarettes and e-liquids to obtain Department of Revenue licensing and follow age-verification, packaging, and tax rules statewide.

Massachusetts requires purchasers of tobacco and vape products to be at least 21 years of age under MGL Chapter 270 Section 6, predating the 2019 federal Tobacco 21 law.

Massachusetts became the first state to ban all flavored tobacco products including menthol cigarettes and flavored vapes under MGL Chapter 270 Section 6, effective June 2020.

Massachusetts heavily restricts vape retail under MGL Chapter 270 Section 6, banning flavored vape products statewide and limiting nicotine vape sales to licensed adult-only smoking bars.

Nebraska prohibits sale or distribution of cigarettes, vape products, and other tobacco products to anyone under age 21. Neb. Rev. Stat. 28-1418 sets the statewide minimum age and applies to in-person, online, and self-service sales.

Nebraska has not enacted a statewide ban on flavored tobacco or menthol cigarettes. Sales remain legal to adults 21 and older under Neb. Rev. Stat. 28-1418, subject to federal FDA flavor restrictions on certain cartridge-based vape products.

Nebraska regulates electronic nicotine delivery system retailers under the Nebraska Tobacco Products Tax Act and Neb. Rev. Stat. 28-1418. Retailers must verify customers are 21 and over, comply with state taxation, and follow Department of Revenue licensing for vape products.

New Mexico prohibits the sale of tobacco products, electronic cigarettes, and nicotine products to anyone under 21, aligning with federal Tobacco 21 requirements and adding state penalties.

New Mexico has not enacted a statewide ban on flavored tobacco or flavored vape products, leaving local governments authority to impose their own restrictions on flavored products.

New Mexico requires retailers selling electronic cigarettes and vape products to obtain tobacco licenses, comply with age-21 sales restrictions, and follow packaging and youth-access prevention rules.

New York prohibits the sale of tobacco, vapor, and liquid nicotine products to anyone under age 21 statewide under Public Health Law § 1399-cc, with no opt-out by localities.

New York prohibits the sale of flavored vapor products statewide under Public Health Law § 1399-mm-1, allowing only tobacco-flavored e-liquid for legal retail sale.

New York requires state retail registration for every tobacco and vapor product seller and bans online or mail-order shipment of vape products directly to consumers statewide.

Ohio prohibits the sale of tobacco, alternative nicotine, and vapor products to anyone under 21 under ORC 2927.02 and related regulations.

Ohio HB 513 (2022) preempts local flavored tobacco and vapor product bans, reserving sales regulation to the state, with continued legal disputes.

Ohio requires retailers selling vapor products to hold a state license and comply with age-verification, packaging, and tax requirements under Title 57.

Washington RCW 26.28.080 sets the minimum age for purchasing tobacco and vapor products at 21, aligning with federal Tobacco 21 standards statewide.

Washington has not enacted a statewide flavored tobacco ban, leaving flavor restrictions to limited Department of Health authority and federal FDA enforcement on flavored vapor cartridges.

Washington RCW 70.345 requires licensing for vapor product retailers, distributors, and delivery sellers, with state Department of Revenue oversight and tax collection.

Wisconsin Statute 134.66 prohibits selling, giving, or furnishing cigarettes, tobacco, or vapor products to any person under 21 years of age and requires retailers to verify age via valid ID before sale.

Wisconsin has not enacted a statewide ban on flavored tobacco or vapor products; sales of menthol cigarettes and flavored e-cigarettes remain lawful under Wis. Stat. 134.66 subject to age and licensing rules.

Wisconsin regulates electronic vaping devices under its tobacco statutes, requiring retailer licenses, age-verification, and excise taxes on vapor products, with state law preempting most local retail rules under 134.66.

Alabama prohibits the sale of tobacco, vapor, and alternative nicotine products to anyone under 21 under Code Section 28-11-13, aligning with federal Tobacco 21 law.

Alabama does not impose a statewide flavored tobacco or vape flavor ban, instead focusing regulation on age limits and retail permits under Code Section 28-11-13.

Alabama regulates the retail sale of vapor products and electronic nicotine devices through Code Section 28-11-13, requiring permits, age verification, and restricted youth marketing.

Arizona prohibits the sale or furnishing of tobacco, vapor products, and alternative nicotine products to anyone under age 21 under ARS 36-798.

Arizona has no statewide flavor ban and preempts most local tobacco product sales restrictions, leaving flavored sales generally lawful.

Arizona requires retailers to verify ID and bars sales of vapor products and e-cigarettes to anyone under 21 under ARS 36-798.03.

Arkansas Code 5-27-227 prohibits selling, giving, or furnishing tobacco, vapor, or alternative nicotine products to anyone under 21. Retailers must verify age and post required notices, with penalties for violations enforced statewide.

Arkansas does not impose a statewide ban on flavored tobacco or vape products beyond federal restrictions on certain cartridge-based e-cigarettes. Sales of flavored products remain legal subject to age, permit, and labeling rules.

Arkansas regulates retail sale of vapor products and e-cigarettes, requiring permits, age verification, and compliance with state tobacco laws. Sales to anyone under 21 are prohibited under Arkansas Code 5-27-227.

Colorado prohibits the sale and furnishing of cigarettes, tobacco, and nicotine vapor products to anyone under age 21 statewide under CRS 18-13-121.

Colorado does not impose a statewide flavored tobacco ban, but home rule cities and counties may prohibit flavored vape and tobacco product sales locally.

Colorado requires retailers selling cigarettes, vapor products, and other tobacco items to obtain a state retail tobacco license and follow strict point-of-sale rules.

Connecticut prohibits sale of tobacco, vapor, and electronic nicotine products to anyone under 21 statewide under Public Act 19-13 and CGS 53-344.

Connecticut has not enacted a statewide ban on flavored tobacco or vapor products, leaving sales legal under standard licensing and age rules.

Connecticut requires retailers to obtain a tobacco and electronic nicotine delivery system dealer license under CGS Title 21a Chapter 420a.

Delaware prohibits tobacco and vapor product sales to anyone under 21 under 30 Del.C. 5341 and 11 Del.C. 1116, aligning with federal Tobacco 21 requirements statewide.

Delaware has not enacted a statewide flavored tobacco ban, but follows federal restrictions on cartridge-based flavored e-cigarettes and prohibits sales to anyone under 21 under 30 Del.C. 5341.

Delaware regulates vapor product retailers under 30 Del.C. Chapter 53, requiring tobacco retailer licenses, tax remittance on vapor products, and compliance with age verification rules statewide.

Florida Statute 569.101 prohibits the sale or delivery of tobacco and nicotine products to persons under 21, aligning with federal law and applying uniformly statewide with local preemption under FS 386.2125.

Florida Statute 386.2125 preempts local regulation of nicotine products and dispensing devices, blocking cities and counties from banning flavored e-cigarettes, menthol, or other flavored tobacco at the retail level.

Florida Statute 386.2125 expressly preempts the regulation of nicotine products, nicotine dispensing devices, and vape retailing to the state, voiding most municipal ordinances on electronic cigarettes and vape shops.

Georgia prohibits the sale of tobacco, vapor, and alternative nicotine products to anyone under 21, aligning state law with the federal Tobacco 21 standard.

Georgia does not impose a statewide ban on flavored tobacco or flavored vapor products, leaving sales lawful subject to age, licensing, and federal restrictions.

Georgia regulates vape and alternative nicotine retail sales under Title 16 Chapter 12 Article 8, requiring licensing, age verification, and product compliance for retailers.

Hawaii was the first U.S. state to raise the tobacco purchase age to 21 in 2016. HRS 712-1258 prohibits the sale, furnishing, or purchase of tobacco and electronic smoking devices by anyone under 21.

Hawaii has no statewide ban on flavored tobacco or vape products, but the City and County of Honolulu and other county governments have considered or adopted local restrictions, leaving a regulatory patchwork across the islands.

Hawaii regulates retail sales of electronic smoking devices and e-liquid under HRS Chapter 245 and 712-1258, requiring retailer permits, age verification, and packaging standards for all vape products sold in the state.

Idaho Code 39-5703 sets 21 as the minimum age to purchase tobacco, vapor products, and alternative nicotine products, aligning state law with federal Tobacco-21 and barring local age inconsistencies.

Idaho does not ban flavored tobacco or vapor products at the state level, and local flavor bans face significant preemption questions under the statewide tobacco licensing framework in Idaho Code Title 39 Chapter 57.

Idaho regulates electronic cigarette and vapor product retailers under Idaho Code 39-5701 et seq., requiring permits, age verification, and compliance with statewide tobacco-21 rules that preempt most local vape sales restrictions.

Indiana sets the minimum legal age at 21 for purchasing tobacco, vapor, and alternative nicotine products, with penalties for both retailers and underage buyers.

Indiana does not impose a statewide ban on flavored tobacco or vape products, leaving sales of menthol and flavored e-liquid permitted under federal labeling and Indiana licensing laws.

Indiana requires retailers to hold an Electronic Cigarette Retailer Certificate to sell vapor products, complying with age verification, packaging, and Tobacco 21 sales rules.

Iowa Code 453A.6 sets the minimum age to purchase or possess tobacco, alternative nicotine, and vapor products at 21 in alignment with federal law.

Iowa has not enacted a statewide flavored tobacco ban, and Iowa Code chapter 453A's permitting framework limits local authority to prohibit flavors.

Iowa Code chapter 453A regulates vape and tobacco retail permits, requires retailer registration, and preempts conflicting local licensing schemes.

Kansas prohibits the sale of cigarettes, tobacco, and vapor products to anyone under 21 years of age statewide.

Kansas does not impose a statewide flavored tobacco ban, leaving menthol cigarettes and flavored vapor products generally legal for adults 21 and older.

Kansas regulates the retail sale of electronic cigarettes and vapor products with a minimum purchase age of 21 and licensing requirements.

Kentucky prohibits the sale of tobacco, vapor, and alternative nicotine products to anyone under 21. The law conforms to federal Tobacco 21 standards and applies to all retail outlets statewide.

Kentucky has not enacted a statewide ban on flavored tobacco or vapor products. Sales remain lawful for buyers 21 and older, with limited authority for local boards of health to address public health concerns.

Kentucky regulates retail sales of vapor products through state licensing, age verification, and tax requirements. Retailers must verify ID for buyers under 30 and comply with packaging and signage standards.

Louisiana prohibits the sale, purchase, and possession of tobacco, vapor, and alternative nicotine products by anyone under 21, conforming state law to federal Tobacco 21 standards.

Louisiana does not prohibit flavored tobacco or vapor products statewide, but limits sales to registry-approved electronic nicotine devices and bars youth-targeted marketing.

Louisiana requires vapor and alternative nicotine product retailers to obtain state permits, follow age verification, and comply with restrictions on flavors and youth-oriented marketing.

Maine prohibits the sale of tobacco and electronic smoking devices to anyone under age 21 under 22 MRS section 1551-A and related Tobacco 21 statutes.

Maine has no statewide flavor ban, but several municipalities have adopted local restrictions on flavored tobacco and vape sales using their public health authority.

Maine regulates electronic smoking device retailers under 22 MRS section 1551-A and Title 22 chapter 263, requiring licensure, ID checks, and compliance with sale restrictions.

Maryland prohibits the sale of any tobacco or electronic smoking device to anyone under age 21 under Health-General Article 16.7A.

Maryland restricts flavored cigarettes federally and is considering broader flavored vape restrictions; some counties have enacted local flavor bans.

Maryland requires retailers selling electronic smoking devices to obtain a state Other Tobacco Products license and to follow strict youth-access protections.

Michigan prohibits sale of tobacco products to anyone under 21 under MCL 333.12601, aligning with federal Tobacco 21 requirements.

Michigan currently has no statewide ban on flavored tobacco or vape products; an attempted 2019 emergency ban was struck down in court.

Michigan regulates retail sale of vapor products and alternative nicotine products under the Youth Tobacco Act, MCL 722.641 and MCL 333.12601.

Minnesota raised the minimum age to purchase tobacco and electronic delivery devices to 21 in 2020 through changes tied to Minn. Stat. 461.12 and 609.685, aligning with federal Tobacco 21 requirements.

Minnesota does not impose a statewide flavored tobacco ban, but Minn. Stat. 461.12 authorizes cities and counties to adopt stricter local rules including restrictions on menthol and flavored vape sales.

Minnesota requires a license to sell electronic delivery devices and tobacco products, with cities and counties issuing local licenses under Minn. Stat. 461.12 alongside state regulation of vape product registration.

Mississippi prohibits the sale, distribution, or furnishing of tobacco, alternative nicotine, and vapor products to anyone under age 21 under Miss. Code Section 97-32-9 and related Chapter 32 provisions.

Mississippi has not enacted a statewide ban on flavored tobacco or vapor products, and its Title 97 Chapter 32 framework governs uniform tobacco regulation without authorizing local flavor restrictions.

Mississippi regulates the sale of electronic nicotine delivery systems through its tobacco statutes, requiring buyers to be at least 21 years old under Miss. Code 97-32-9 and prohibiting sales to minors.

Missouri raised its tobacco minimum sales age to 21 through RSMo 407.927, aligning state law with federal Tobacco 21 standards covering cigarettes, cigars, smokeless tobacco, and vapor products.

Missouri has no statewide ban on flavored tobacco or vapor products, and RSMo 407.927 governs sales standards while leaving questions about local flavor bans unresolved at the state level.

Missouri RSMo 407.927 governs the sale of tobacco, alternative nicotine, and vapor products, requiring age verification and aligning state retail standards with federal Tobacco 21 limits.

Montana law under MCA 50-50A-103 prohibits sale of tobacco, vapor, and alternative nicotine products to anyone under age 21, aligning with federal Tobacco 21.

Montana has not enacted a statewide flavored tobacco or vapor ban, leaving most flavored products legal for sale to adults 21 and older under MCA 50-50A-103.

Montana regulates vapor product sales statewide under MCA Title 16 and 50-50A, requiring retailer compliance with age verification and licensing for tobacco-related products.

Nevada prohibits the sale of tobacco, vapor, and alternative nicotine products to anyone under 21 years old, aligning with federal Tobacco 21 law.

Nevada has no statewide ban on flavored tobacco or vapor products, leaving flavor regulation primarily to federal FDA authority and limited local action.

Nevada regulates vapor product retailers through state licensing, requiring tobacco retail licenses, age verification, and compliance with otp tax provisions.

RSA 126-K:4 prohibits the sale, gift, or distribution of any tobacco or vape product to persons under 21 years old throughout New Hampshire.

New Hampshire has no statewide ban on flavored tobacco or vape products; sales are governed only by federal restrictions and the RSA 126-K licensing scheme.

RSA 126-K regulates e-cigarettes alongside tobacco, requiring licensed sales, age verification, and packaging standards for vape retailers across New Hampshire.

Under NJSA 26:3D-55, New Jersey prohibits the sale, gift, or distribution of tobacco and electronic smoking products to anyone under 21, with retailer civil penalties for violations.

New Jersey prohibits retail sale of flavored electronic smoking devices and liquid nicotine under P.L. 2019, c.487, restricting most non-tobacco flavors statewide with limited vapor lounge exceptions.

New Jersey regulates vape retailers under NJSA 54:40B and NJSA 26:3D, requiring licensing, prohibiting flavored vape sales, and applying age-21 minimum purchase rules statewide.

North Carolina enforces a minimum age of 21 to purchase tobacco, vapor products, and e-cigarettes under NCGS 14-313, aligning with the federal Tobacco 21 law.

North Carolina has not enacted a statewide flavored tobacco or flavored vape ban, and NCGS 14-313 does not authorize local governments to ban flavored tobacco products.

North Carolina regulates retail sale of vapor products and e-cigarettes under NCGS 14-313, requiring age verification, licensure under NCGS 105-113, and compliance with federal Tobacco 21 standards.

North Dakota requires purchasers of tobacco, vape, and alternative nicotine products to be 21 under NDCC 51-01.5, aligning with the federal Tobacco 21 minimum age.

North Dakota does not impose a statewide ban on flavored tobacco or vape products under NDCC 51-01.5, leaving sales subject to federal rules and limited local authority.

North Dakota regulates electronic smoking device retail under NDCC 51-01.5, requiring licensing, age verification, and compliance with statewide tobacco product retail standards.

Oklahoma prohibits the sale of tobacco, vapor, and nicotine products to anyone under age 21, aligning state law with federal Tobacco 21 requirements under Title 63.

Oklahoma does not impose a statewide ban on flavored tobacco or vapor products, and state preemption limits the ability of municipalities to enact independent flavor bans.

Oklahoma regulates vapor product retailers and tobacco sellers under state licensing rules, requiring permits, age verification, and compliance with statewide standards under Title 63.

Oregon prohibits the sale or distribution of tobacco and inhalant delivery systems to anyone under age 21 under ORS 431A.175.

Oregon has no statewide flavored tobacco ban, but ORS 431A.190 authorizes counties and cities to adopt stricter local tobacco rules.

Oregon licenses tobacco and inhalant delivery system retailers and bans online or mail-order sales of vapor products to consumers.

Pennsylvania prohibits the sale of cigarettes, tobacco products, and electronic cigarettes to anyone under 21 under Act 112 of 2020, aligning state law with federal Tobacco 21 requirements.

Pennsylvania does not currently impose a statewide ban on flavored tobacco or menthol cigarettes, though federal FDA marketing rules restrict which flavored vape products and cigarettes can be lawfully sold.

Pennsylvania regulates electronic cigarettes and vape products under Act 84 of 2016, imposing a 40 percent wholesale tax on e-liquids and devices and requiring tobacco product retailers to comply with state Department of Revenue licensing.

Rhode Island prohibits the sale of tobacco and vapor products to anyone under 21 under RIGL 11-9-13.4, aligning with federal Tobacco 21 standards and applying to all retailers statewide.

Rhode Island restricts the sale of flavored vapor products through executive and regulatory action, while also limiting flavored cigarette sales under federal law and state retail licensing rules.

Rhode Island regulates electronic nicotine delivery system retailers under RIGL Chapter 23-20.10, requiring licenses, age verification, and compliance with statewide flavor restrictions on vapor products.

South Carolina prohibits sale or distribution of tobacco, vapor, and alternative nicotine products to anyone under 21 years of age statewide.

South Carolina has not enacted a statewide ban on flavored tobacco or vapor products, and local flavor bans face preemption challenges under state tobacco law.

South Carolina regulates retail sale of vape and electronic smoking devices through state tobacco licensing and youth-access laws under Title 16 and Title 12.

South Dakota prohibits tobacco and vapor product sales to anyone under 21, aligning state law with federal Tobacco 21 standards under SDCL 34-46-2.

South Dakota has no statewide ban on flavored tobacco or menthol products, leaving sales subject only to age, licensing, and federal FDA rules.

South Dakota regulates vape and e-cigarette retail sales, requiring tobacco licenses, age verification, and compliance with statewide tobacco distribution and tax statutes.

Tennessee prohibits the sale of tobacco, hemp, and vapor products to anyone under 21 under T.C.A. 39-17-1504, aligned with the federal Tobacco 21 standard adopted in 2019.

Tennessee does not impose a statewide flavor ban on tobacco or vape products, and local flavor bans are generally preempted by uniform state licensing under Title 39, Chapter 17, Part 15.

Tennessee regulates vapor product retailers under T.C.A. 39-17-1504 and related statutes, requiring age verification, restricting youth access, and prohibiting sales to those under 21.

Utah Code 76-10-104 prohibits sale, furnishing, or provision of tobacco and electronic cigarettes to anyone under 21 years of age statewide.

Utah restricts flavored electronic cigarette products outside specialty tobacco retailers, regulating where minors-prohibited flavored vapes may lawfully be sold.

Utah regulates vape retailers under Title 26B and Title 59, requiring licensing, age verification, and compliance with state nicotine and flavor restrictions.

Vermont prohibits the sale of tobacco products and substitutes to anyone under age 21 under 7 V.S.A. 1003, aligning with federal Tobacco 21 standards.

Vermont restricts flavored tobacco product sales through Department of Health rules and enforces FDA flavored e-cigarette restrictions, with proposals for broader bans pending.

Vermont regulates the retail sale of electronic cigarettes and vapor products through state licensing under Title 7, requiring tobacco licenses for all retailers.

Virginia Code 18.2-371.2 prohibits selling tobacco, nicotine, and vapor products to anyone under 21, with active duty military members 18 and over exempted under state law.

Virginia has not enacted a statewide ban on flavored tobacco or menthol products; sales remain lawful to adults 21 and over subject to general tobacco regulations under Code 18.2-371.2.

Virginia requires retail tobacco and liquid nicotine sellers to comply with state licensing under Code 58.1-1021.04:1 and prohibits sales to anyone under 21 per Code 18.2-371.2.

West Virginia prohibits the sale of tobacco, vapor, and alternative nicotine products to anyone under 21 under W. Va. Code 16-9A-3.

West Virginia has no statewide ban on flavored tobacco or vapor products, leaving most regulation to federal law and limited local clean-indoor-air rules.

Retailers selling electronic cigarettes and vapor products in West Virginia must comply with tax, age verification, and licensing rules administered by state law.

Wyoming law sets the minimum age to purchase or possess tobacco, vapor, and nicotine products at 21, mirroring federal Tobacco 21 enforcement requirements.

Wyoming has not enacted a statewide ban on flavored tobacco or vape products, leaving sales lawful subject to federal restrictions on certain pre-filled flavored cartridges.

Wyoming requires retailers selling vapor products and e-cigarettes to verify customer age, follow Tobacco 21 rules, and comply with state youth-access enforcement statutes.

Texas Health and Safety Code Chapter 161 sets the minimum age for purchasing or possessing tobacco and e-cigarette products at 21 statewide, aligned with federal Tobacco 21. Active military members 18 and older are exempt. The standard applies uniformly across all Texas municipalities.