Tobacco & Vaping Preemption: Every State Ranked (2026)

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.

In the District of Columbia, no one may sell, give, or furnish any tobacco product to a person under 21, or buy tobacco on their behalf. Retailers must card anyone appearing under 30.

Washington, DC prohibits selling, distributing, or offering any flavored tobacco product or flavored electronic smoking device, including menthol, mint, and every fruit or candy flavor. The ban covers the entire District with one narrow hookah-bar carve-out.

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 M.G.L. c. 270 § 28, effective June 1, 2020.

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

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.

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 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 York Public Health Law §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 §1399-mm-1, effective May 18, 2020.

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.

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

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.

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

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 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.

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.

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.

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.

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.

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.

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.

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.

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.

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 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.

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.

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 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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

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.

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.

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.

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.

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 (§ 16-17-500) still specifies 18 and has not been raised to match.

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.

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.

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.

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

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

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.

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.

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

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.

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

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

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.

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.

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.

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.

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.

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.

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.

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

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

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.

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.