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Tobacco & Vaping Preemption: Every State Ranked (2026)

State tobacco and vape retail rules, age restrictions, and flavor bans that typically preempt local ordinances.

Showing 50 states with state-tier rules in this category. Rankings reflect the strictest controlling state law for each state.

Severity: Permissive Β· Moderate Β· Strict

#1Alaska(AK)3 rules

Vape Retail Rules

Some Restrictions

Alaska regulates vape retailers through a state business-license tobacco endorsement under AS 43.70.075, while boroughs and cities may impose additional licensing, excise taxes, and zoning on electronic-cigarette sellers.

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Flavored Tobacco Bans

Some Restrictions

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.

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Tobacco Age Restrictions

Heavy Restrictions

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.

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#2California(CA)3 rules

Vape Retail Rules

Heavy Restrictions

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.

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Tobacco Age Restrictions

Heavy Restrictions

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.

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Flavored Tobacco Bans

Heavy Restrictions

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.

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#3Illinois(IL)3 rules

Vape Retail Rules

Some Restrictions

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

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Flavored Tobacco Bans

Few Restrictions

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.

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Tobacco Age Restrictions

Heavy Restrictions

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.

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#4Massachusetts(MA)3 rules

Tobacco Age Restrictions

Some Restrictions

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.

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Vape Retail Rules

Heavy Restrictions

Massachusetts heavily restricts vape retail under M.G.L. c. 270 Β§ 28, banning flavored vape products statewide and limiting flavored nicotine vape sales to licensed adult-only smoking bars.

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Flavored Tobacco Bans

Heavy Restrictions

Massachusetts became the first state to ban all flavored tobacco products, including menthol cigarettes and flavored vapes, under M.G.L. c. 270 Β§ 28, effective June 1, 2020.

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#5Michigan(MI)3 rules

Flavored Tobacco Bans

Some Restrictions

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

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Vape Retail Rules

Some Restrictions

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

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Tobacco Age Restrictions

Heavy Restrictions

Michigan set the minimum age to buy, possess, or use tobacco and vapor products at 21 through PA 167 of 2022, which amended the Youth Tobacco Act (MCL 722.641), aligning with federal Tobacco 21. Local governments cannot lower the age but may add retail licensing.

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#6Nebraska(NE)3 rules

Flavored Tobacco Bans

Few Restrictions

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.

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Tobacco Age Restrictions

Heavy Restrictions

Nebraska prohibits selling or furnishing cigarettes, vape products, and other tobacco to anyone under age 21. Neb. Rev. Stat. 28-1419 makes such a sale a Class III misdemeanor, covering in-person, online, and vending sales.

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Vape Retail Rules

Heavy Restrictions

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.

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#7New Mexico(NM)3 rules

Flavored Tobacco Bans

Some Restrictions

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.

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Tobacco Age Restrictions

Heavy Restrictions

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.

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Vape Retail Rules

Heavy Restrictions

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.

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#8New York(NY)3 rules

Vape Retail Rules

Heavy Restrictions

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.

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Tobacco Age Restrictions

Heavy Restrictions

New York Public Health Law Β§1399-cc raised the minimum age to purchase tobacco and vapor products to 21 (Tobacco 21 Act, signed 2019). New York also bans the sale of all flavored vapor products under Public Health Law Β§1399-mm-1, effective May 18, 2020.

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Flavored Tobacco Bans

Heavy Restrictions

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

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#9Ohio(OH)3 rules

Vape Retail Rules

Some Restrictions

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

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Tobacco Age Restrictions

Some Restrictions

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

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Flavored Tobacco Bans

Heavy Restrictions

Ohio Revised Code 9.681, enacted in 2024 when lawmakers overrode a veto of budget bill HB 33, preempts local flavored tobacco and vapor product regulation, but courts have blocked it and the Ohio Supreme Court is weighing its constitutionality.

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#10Utah(UT)3 rules

Tobacco Age Restrictions

Some Restrictions

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

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Vape Retail Rules

Some Restrictions

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

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Flavored Tobacco Bans

Heavy Restrictions

As of March 25, 2025, Utah bans selling electronic cigarette products with any characterizing flavor other than tobacco or menthol. The ban applies to all retailers, and every vape product must appear on the state registry maintained by the Tax Commission.

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#11Washington(WA)3 rules

Vape Retail Rules

Some Restrictions

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

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Flavored Tobacco Bans

Some Restrictions

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.

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Tobacco Age Restrictions

Heavy Restrictions

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

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#12Wisconsin(WI)3 rules

Flavored Tobacco Bans

Few Restrictions

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.

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Vape Retail Rules

Heavy Restrictions

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.

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Tobacco Age Restrictions

Heavy Restrictions

Wisconsin Statute 134.66 bars selling cigarettes and tobacco to anyone under 18 and vapor products to anyone under 21. The federal Tobacco 21 law independently requires all tobacco and vapor buyers to be 21, so Wisconsin retailers must verify age and card up to 21.

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#13Alabama(AL)3 rules

Tobacco Age Restrictions

Some Restrictions

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.

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Vape Retail Rules

Some Restrictions

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.

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Flavored Tobacco Bans

Few Restrictions

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.

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#14Arizona(AZ)3 rules

Tobacco Age Restrictions

Some Restrictions

Arizona bans the sale or furnishing of tobacco, vapor, and alternative nicotine products to anyone under 21 under A.R.S. 13-3622. The state raised its own minimum age from 18 to 21 in 2025 to match the federal Tobacco 21 standard.

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Vape Retail Rules

Some Restrictions

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

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Flavored Tobacco Bans

Few Restrictions

Arizona has no statewide ban on menthol, fruit, or candy-flavored tobacco or vapor products, so flavored sales are generally lawful. Arizona does not broadly preempt local tobacco regulation, so cities may adopt their own tobacco retailer licensing.

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#15Arkansas(AR)3 rules

Vape Retail Rules

Some Restrictions

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.

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Tobacco Age Restrictions

Some Restrictions

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.

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Flavored Tobacco Bans

Few Restrictions

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.

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#16Colorado(CO)3 rules

Tobacco Age Restrictions

Some Restrictions

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

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Flavored Tobacco Bans

Some Restrictions

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

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Vape Retail Rules

Some Restrictions

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.

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#17Connecticut(CT)3 rules

Vape Retail Rules

Some Restrictions

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

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Tobacco Age Restrictions

Some Restrictions

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

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Flavored Tobacco Bans

Few Restrictions

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

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#18Delaware(DE)3 rules

Vape Retail Rules

Some Restrictions

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.

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Tobacco Age Restrictions

Some Restrictions

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.

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Flavored Tobacco Bans

Few Restrictions

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.

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#19Florida(FL)3 rules

Vape Retail Rules

Some Restrictions

Florida Statute 569.315 expressly preempts the regulation of the marketing, sale, and delivery of nicotine products and dispensing devices to the state, voiding most municipal ordinances on electronic cigarettes and vape shops.

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Tobacco Age Restrictions

Some Restrictions

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 under the preemption in FS 569.0025 and 569.315.

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Flavored Tobacco Bans

Few Restrictions

Florida Statutes 569.0025 and 569.315 preempt regulation of the marketing, sale, and delivery of tobacco and nicotine products to the state, blocking cities and counties from banning flavored e-cigarettes, menthol, or other flavored tobacco at retail.

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#20Georgia(GA)3 rules

Tobacco Age Restrictions

Some Restrictions

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

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Vape Retail Rules

Some 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.

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Flavored Tobacco Bans

Few Restrictions

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

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#21Hawaii(HI)3 rules

Tobacco Age Restrictions

Some Restrictions

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.

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Vape Retail Rules

Some Restrictions

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.

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Flavored Tobacco Bans

Some Restrictions

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.

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#22Idaho(ID)3 rules

Vape Retail Rules

Some Restrictions

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.

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Tobacco Age Restrictions

Some Restrictions

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.

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Flavored Tobacco Bans

Few Restrictions

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.

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#23Indiana(IN)3 rules

Tobacco Age Restrictions

Some 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.

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Vape Retail Rules

Some Restrictions

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

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Flavored Tobacco Bans

Few Restrictions

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.

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#24Iowa(IA)3 rules

Tobacco Age Restrictions

Some Restrictions

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.

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Vape Retail Rules

Some Restrictions

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

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Flavored Tobacco Bans

Few Restrictions

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

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#25Kansas(KS)3 rules

Flavored Tobacco Bans

Some Restrictions

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

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Tobacco Age Restrictions

Some Restrictions

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

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Vape Retail Rules

Some Restrictions

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

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#26Kentucky(KY)3 rules

Vape Retail Rules

Some Restrictions

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.

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Flavored Tobacco Bans

Some Restrictions

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.

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Tobacco Age Restrictions

Some Restrictions

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.

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#27Louisiana(LA)3 rules

Tobacco Age Restrictions

Some Restrictions

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.

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Vape Retail Rules

Some Restrictions

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.

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Flavored Tobacco Bans

Few Restrictions

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

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#28Maine(ME)3 rules

Flavored Tobacco Bans

Some Restrictions

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

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Vape Retail Rules

Some Restrictions

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.

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Tobacco Age Restrictions

Some Restrictions

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.

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#29Maryland(MD)3 rules

Vape Retail Rules

Some Restrictions

Maryland retailers selling electronic smoking devices need a tobacco/ESD retail license overseen by the Alcohol, Tobacco, and Cannabis Commission. The 2024 Tobacco Retail Modernization Act requires such products behind the counter and bars sales to anyone under 21.

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Flavored Tobacco Bans

Some Restrictions

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

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Tobacco Age Restrictions

Some Restrictions

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

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#30Minnesota(MN)3 rules

Tobacco Age Restrictions

Some Restrictions

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.

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Vape Retail Rules

Some Restrictions

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.

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Flavored Tobacco Bans

Some Restrictions

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.

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#31Mississippi(MS)3 rules

Tobacco Age Restrictions

Some Restrictions

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.

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Vape Retail Rules

Some 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.

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Flavored Tobacco Bans

Few Restrictions

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.

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#32Missouri(MO)3 rules

Vape Retail Rules

Some Restrictions

Missouri regulates tobacco, alternative nicotine, and vapor product sales under RSMo 407.925 to 407.934. The effective minimum sales age is 21 under federal Tobacco 21 law, though Missouri's own statute (RSMo 407.931) still lists 18. Retailers must verify age and post required signage.

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Tobacco Age Restrictions

Some Restrictions

The effective minimum age to buy tobacco, alternative nicotine, and vapor products in Missouri is 21 under federal Tobacco 21 law. Missouri's own statute, RSMo 407.931, still sets the state minimum at 18 and has not been updated, so retailers must follow the stricter federal 21 standard.

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Flavored Tobacco Bans

Few Restrictions

Missouri has no statewide ban on flavored tobacco or vapor products. State tobacco sales rules (RSMo 407.925 to 407.934) set age and signage standards but say nothing about flavors, leaving flavor policy to federal FDA rules and, potentially, local action.

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#33Montana(MT)3 rules

Vape Retail Rules

Some Restrictions

Montana regulates vapor and tobacco retail under Title 16, chapter 11 (Youth Access to Tobacco Products Control Act). Retailers need a state tobacco license and must verify age; federal law sets the minimum sales age at 21.

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Tobacco Age Restrictions

Some Restrictions

Federal law bars tobacco, vapor, and alternative-nicotine sales to anyone under 21, and that applies in Montana. Montana's own statutes (MCA 16-11-305 and 45-5-637) still reference age 18 and were never updated, but retailers must follow the federal 21 minimum.

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Flavored Tobacco Bans

Few Restrictions

Montana has not enacted a statewide flavored tobacco or vapor ban, so most flavored products remain legal for sale to adults 21 and older, the minimum age set by federal law.

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#34Nevada(NV)3 rules

Vape Retail Rules

Some Restrictions

Nevada requires vapor and other tobacco product retailers to hold a Tobacco Retail Dealer's License from the Department of Taxation, verify buyers are 21, and remit the 30 percent other-tobacco-products wholesale tax on vapor products.

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Tobacco Age Restrictions

Some Restrictions

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

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Flavored Tobacco Bans

Few Restrictions

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

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#35New Hampshire(NH)3 rules

Tobacco Age Restrictions

Some Restrictions

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.

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Vape Retail Rules

Some Restrictions

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

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Flavored Tobacco Bans

Few Restrictions

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.

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#36New Jersey(NJ)3 rules

Flavored Tobacco Bans

Some Restrictions

New Jersey bars retail sale of flavored electronic smoking devices and liquid nicotine, every characterizing flavor except tobacco, under N.J.S.A. 2A:170-51.12, effective April 20, 2020, one of the broadest such bans nationally.

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Vape Retail Rules

Some Restrictions

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.

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Tobacco Age Restrictions

Some Restrictions

Under N.J.S.A. 2A:170-51.4, New Jersey prohibits the sale, gift, or distribution of tobacco and electronic smoking products to anyone under 21, with escalating civil penalties for retailers.

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#37North Carolina(NC)3 rules

Vape Retail Rules

Some Restrictions

North Carolina regulates retail sale of vapor products and e-cigarettes under NCGS 14-313 and requires licensure under NCGS Chapter 105, while the federal Tobacco 21 law sets the practical minimum sales age at 21.

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Tobacco Age Restrictions

Some Restrictions

Federal law sets the minimum tobacco purchase age at 21 nationwide, but North Carolina's own statute, NCGS 14-313, still sets the state age at 18, so retailers must follow the stricter federal Tobacco 21 standard.

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Flavored Tobacco Bans

Few Restrictions

North Carolina has not enacted a statewide flavored tobacco or flavored vape ban, and no state law authorizes local governments to ban flavored tobacco products, leaving flavor rules to federal FDA authorization.

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#38North Dakota(ND)3 rules

Tobacco Age Restrictions

Some Restrictions

North Dakota prohibits selling tobacco, electronic smoking devices, and alternative nicotine products to anyone under 21, and bars purchase, possession, or use by anyone under 21, under NDCC 12.1-31-03. This aligns with the federal Tobacco 21 minimum age and applies statewide.

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Vape Retail Rules

Some Restrictions

North Dakota requires vape and tobacco retailers to hold a tobacco dealer's license from the Office of the State Tax Commissioner under NDCC chapter 57-36, and to verify buyers' age under NDCC 12.1-31-03. Standards apply statewide.

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Flavored Tobacco Bans

Few Restrictions

North Dakota does not ban flavored tobacco, menthol cigarettes, or flavored vapes. Retail sales are governed by NDCC 12.1-31-03 (age and access) and dealer licensing under NDCC chapter 57-36, plus federal FDA rules; no statewide flavor ban exists.

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#39Oklahoma(OK)3 rules

Tobacco Age Restrictions

Some Restrictions

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.

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Vape Retail Rules

Some Restrictions

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

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Flavored Tobacco Bans

Few Restrictions

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.

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#40Oregon(OR)3 rules

Flavored Tobacco Bans

Some Restrictions

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

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Tobacco Age Restrictions

Some Restrictions

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

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Vape Retail Rules

Some Restrictions

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

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#41Pennsylvania(PA)3 rules

Tobacco Age Restrictions

Some Restrictions

Pennsylvania Act 112 of 2019 raised the minimum age to purchase tobacco and e-cigarettes to 21, aligning with the federal Tobacco 21 law (Dec 2019). The state law covers all tobacco products including vapes, hookah, and nicotine pouches. Cities cannot lower the age, and flavored vape regulation is handled at the state retail license level.

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Vape Retail Rules

Some Restrictions

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.

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Flavored Tobacco Bans

Few Restrictions

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.

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#42Rhode Island(RI)3 rules

Vape Retail Rules

Some Restrictions

Rhode Island licenses tobacco and electronic nicotine-delivery system (ENDS) retailers through the Division of Taxation under R.I. Gen. Laws Chapter 44-20, requires age-21 verification, and bans flavored ENDS by Department of Health regulation.

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Flavored Tobacco Bans

Some Restrictions

Rhode Island bans the sale of flavored electronic nicotine-delivery system products other than tobacco flavor through a Department of Health regulation, and enforces the federal flavored-cigarette ban through retail licensing under Chapter 44-20.

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Tobacco Age Restrictions

Some Restrictions

Rhode Island prohibits the sale of tobacco and vapor products to anyone under 21 under R.I. Gen. Laws Section 11-9-13, aligning with federal Tobacco 21 standards and applying to all retailers statewide.

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#43South Carolina(SC)3 rules

Tobacco Age Restrictions

Some Restrictions

Federal Tobacco 21 law bars selling tobacco, vapor, or alternative nicotine products to anyone under 21, and this applies in South Carolina. South Carolina's own statute (Β§ 16-17-500) still specifies 18 and has not been raised to match.

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Vape Retail Rules

Some Restrictions

South Carolina regulates vape and e-cigarette retail through its tobacco and alternative-nicotine laws in Title 16, Chapter 17. Retailers may not sell to anyone under 21 under federal Tobacco 21 law, must verify age, and follow youth-access display rules.

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Flavored Tobacco Bans

Few Restrictions

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.

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#44South Dakota(SD)3 rules

Tobacco Age Restrictions

Some Restrictions

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.

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Vape Retail Rules

Some Restrictions

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

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Flavored Tobacco Bans

Few Restrictions

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

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#45Tennessee(TN)3 rules

Tobacco Age Restrictions

Some Restrictions

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.

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Vape Retail Rules

Some Restrictions

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.

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Flavored Tobacco Bans

Few Restrictions

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.

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#46Vermont(VT)3 rules

Vape Retail Rules

Some Restrictions

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

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Flavored Tobacco Bans

Some Restrictions

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

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Tobacco Age Restrictions

Some 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.

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#47Virginia(VA)3 rules

Vape Retail Rules

Some Restrictions

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.

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Tobacco Age Restrictions

Some Restrictions

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.

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Flavored Tobacco Bans

Few Restrictions

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.

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#48West Virginia(WV)3 rules

Tobacco Age Restrictions

Some Restrictions

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

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Vape Retail Rules

Some Restrictions

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

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Flavored Tobacco Bans

Some Restrictions

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.

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#49Wyoming(WY)3 rules

Tobacco Age Restrictions

Some Restrictions

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

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Vape Retail Rules

Some Restrictions

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.

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Flavored Tobacco Bans

Few Restrictions

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.

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#50Texas(TX)1 rule

Tobacco Age Restrictions

Some Restrictions

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.

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