Ohio Statewide Rule
Ohio Vapor Product Retail Licensing Rules
Key Facts
- Vapor Products Require
- Vapor products require a tobacco retail license to sell
- State Excise tax
- State excise tax applies to vapor liquids per ORC 5743.51
- Minimum sale age
- Minimum sale age is 21 federally and under state law
- Preemption
- ORC 9.681 (2024) preempts local vape rules; in litigation
- Online Sales must
- Online sales must verify age at delivery
Summary
Ohio requires retailers selling vapor products to hold a state license and comply with age-verification, packaging, and tax requirements under Title 57.
Except as otherwise provided in this division, no person shall engage in this state in the wholesale or retail business of trafficking in cigarettes or in the business of a manufacturer or importer of cigarettes without having a license to conduct each such activity issued by a county auditor under division (B) of this section or the tax commissioner under divisions (C) and (F) of this section.
Full Breakdown
Ohio treats electronic smoking devices and vapor products as tobacco products. Retail dealers obtain licenses from the county auditor under ORC 5743.15, vapor distributors are licensed by the Department of Taxation under ORC 5743.61, and the state vapor excise tax applies under ORC Chapter 5743. Retailers must verify customer age and may not sell to anyone under 21. ORC 9.681, enacted through a veto override of budget bill HB 33 in January 2024, preempts local restrictions on tobacco and vapor sales, but courts have blocked the statute and Ohio Supreme Court review is pending.
Violations & Penalties
Selling without a license or to underage purchasers can lead to license suspension, civil penalties, and criminal charges under ORC 2927.02.
Frequently Asked Questions
Do Ohio retailers need a license to sell vape products?
Can Ohio cities impose stricter vape retail rules?
Sources
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