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Mississippi Statewide Rule

Mississippi Vape Retail Rules and Tobacco 21

Some RestrictionsApplies statewide across Mississippi (2026)

Key Facts

Sales to under-21
Prohibited
Vapor sale statute
Miss. Code § 97-32-51
Photo ID
Verification required
Permits
Department of Revenue
Scope
Vapor and alternative nicotine
Last verified: September 5, 2026Source: Justia Law

Summary

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.

Every distributor, wholesaler, dealer or retailer who desires to become engaged in the sale or use of tobacco upon which a tax is required to be paid shall file with the commissioner an application for a permit to engage in such business. The application for a permit shall be filed on blanks to be furnished by the commissioner for that purpose. The application must be subscribed and sworn to by the person owning the business, or having an ownership interest in the business. If the applicant is a corporation, a duly authorized agent shall execute the application. The application shall show the name of such person, and in case of partnership, the name of each partner, the person's post office address, the location of the place of business to which the permit shall apply, and the nature of the business in which engaged, and any other information the commissioner may require. No distributor, wholesaler, dealer or retailer shall sell any tobacco until the application has been filed, the prescribed permit fee paid, and the permit obtained.

Full Breakdown

Vape retailers in Mississippi must comply with the tobacco-and-nicotine sales framework in Title 97, Chapter 32. Miss. Code Section 97-32-51 prohibits distributing alternative nicotine or vapor products to anyone under 21, and Section 97-32-5 covers tobacco products, aligning state law with federal Tobacco 21. Retailers must verify age with government-issued identification and are subject to graduated penalties for underage sales. The Department of Revenue administers tobacco permits and inspections. Local governments may not impose additional licensing that conflicts with state preemption over tobacco taxation and uniform regulation.

Violations & Penalties

Selling vape products to underage buyers can trigger fines, permit suspension, and graduated administrative penalties for repeat offenses.

Frequently Asked Questions

What is the minimum age to buy vape products in Mississippi?
Buyers must be at least 21. Miss. Code Section 97-32-51 prohibits distributing alternative nicotine or vapor products to anyone under 21.
Do Mississippi vape retailers need to check ID?
Yes. Retailers must verify age with valid identification, particularly for any customer who appears under 30, and face penalties for underage sales.

Sources

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