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Delaware Statewide Rule

Delaware Vape Retailer Licensing Requirements

Some RestrictionsApplies statewide across Delaware (2026)

Key Facts

Licensing
Under 30 Del.C. Chapter 53
Vapor Tax
Five cents per mL
Age Verification
Required
Display Restriction
Self-service display restrictions
Enforcement
State enforcement and inspections
Last verified: August 21, 2026Source: Delaware Code

Summary

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.

A person may not engage in or conduct the business of manufacturing, purchasing, selling, consigning, or distributing tobacco products in this State or acting as an affixing agent without having first obtained the appropriate license for that purpose as prescribed by this chapter.

Full Breakdown

Title 30, Chapter 53 of the Delaware Code requires anyone selling tobacco or vapor products at retail to obtain a tobacco products retailer license from the Division of Revenue. Vapor products are subject to a state tax of five cents per fluid milliliter of nicotine solution. Retailers must verify customer age, refuse self-service displays of tobacco except in adults-only stores, and post required signage. The Division of Public Health and Department of Justice conduct compliance inspections.

Violations & Penalties

Selling vapor products without a license or to minors can result in fines up to one thousand dollars per offense and license suspension or revocation under 30 Del.C. 5341.

Frequently Asked Questions

Do online vape sellers need a Delaware license?
Yes, any retailer shipping vapor products to Delaware customers must hold a tobacco retailer license and remit the state vapor tax.
Are flavored vape products allowed in Delaware?
Delaware has not enacted a statewide flavor ban, though federal restrictions on certain cartridge-based flavors apply.

Sources

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