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North Dakota Statewide Rule

North Dakota Vape Retail Licensing Rules

Some RestrictionsApplies statewide across North Dakota (2026)

Key Facts

Retail License
State Tax Commissioner (NDCC 57-36)
Age Statute
NDCC 12.1-31-03
Minimum Age
21
Self-service
Adult-only stores only
License Renewal
Annually, expires June 30
Last verified: September 5, 2026Source: North Dakota Legislative Branch

Summary

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.

57-36-02. Distributors and dealers to be licensed. 1. Each person engaged in the business of selling cigarettes, cigarette papers, snuff, cigars, electronic smoking devices, or tobacco in this state, including any distributor or dealer, shall secure a license from the attorney general before engaging or continuing to engage in business. 2. A separate application and license is required for each outlet or place of business operated or maintained by a distributor within the state. a. A distributor's license does not authorize the distributor to make retail sales. b. A distributor may not be granted a dealer's license unless the distributor has possessed a distributor's license issued under this chapter for at least one year before filing an application for a dealer's license.

Source: North Dakota Legislative BranchView official code

Full Breakdown

Under NDCC chapter 57-36, any business selling cigarettes, other tobacco products, or electronic smoking devices at retail must hold a tobacco dealer's license from the Office of the State Tax Commissioner - a separate license for each outlet, expiring June 30. Age verification and the age-21 requirement are governed by NDCC 12.1-31-03; retailers may not sell to anyone under 21 and commonly check ID for younger-looking buyers. Self-service displays and vending-machine sales of these products are limited to adult-only premises. Local governments may add stricter retail requirements consistent with state law.

Violations & Penalties

Selling without a dealer's license violates NDCC chapter 57-36. Selling tobacco or vapor products to a person under 21 is an infraction under NDCC 12.1-31-03, punishable by a fine up to $500, and repeat violations can cost the dealer's license.

Frequently Asked Questions

Do I need a license to sell vape products in North Dakota?
Yes. NDCC chapter 57-36 requires a tobacco dealer's license from the Office of the State Tax Commissioner for any business selling electronic smoking devices or tobacco.
Can vape products be sold from open shelves?
Only in adult-only stores. General retailers must keep vape products behind the counter.
Who enforces vape retail rules?
The Office of the State Tax Commissioner issues dealer licenses, and state compliance checks enforce the age-21 sales rule under NDCC 12.1-31-03.

Sources

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