Vape and e-cigarette retailers in Portland must hold the Multnomah County Tobacco Retail License and comply with Oregon Tobacco 21 (ORS 167.755). Multnomah County's 2022 flavored-tobacco sales ban (Ordinance 1295) -- which would prohibit sale of flavored vape liquids -- has been STAYED by the Oregon Court of Appeals pending litigation, so flavored vape sales remain legal in Portland as of mid-2026.
Vape retailers in Portland operate under two regulatory layers. First, they must obtain a Multnomah County Tobacco Retail License (TRL) under the 2015 county ordinance, because 'inhalant delivery systems' are explicitly covered. Second, they must comply with statewide age-21 sales (ORS 167.755) and ID verification rules. The Multnomah County Board of Commissioners adopted Ordinance 1295 in December 2022 banning the sale of all flavored tobacco products (including flavored e-liquids, menthol cigarettes, and flavored cigars), originally set to take effect January 1, 2024. Industry plaintiffs sued and obtained a circuit court ruling upholding the ban in September 2023; the Oregon Court of Appeals issued a stay in December 2023 that has been extended while related Washington County litigation proceeds. As of mid-2026 the ban remains stayed -- licensed Multnomah County tobacco/vape retailers may continue selling flavored products until the appellate court rules. Other vape rules still apply: no self-service displays, no sampling on premises, no sales to anyone under 21, no online sales without age verification, and child-resistant packaging requirements under federal PACT Act and FDA rules. Indoor vaping is prohibited statewide under the Oregon Indoor Clean Air Act (ORS 433.835-875 as amended by 2016 SB 1559).
Selling vape products without a Multnomah County TRL is a Class A violation (up to $2,000). Sale to anyone under 21 violates ORS 167.755 (up to $2,000) and triggers TRL administrative penalties. Indoor vaping at the retail location (other than sampling, which is prohibited) violates ORS 433.840. If the Court of Appeals lifts the stay on Ordinance 1295, sale of any flavored tobacco product would become a violation of the county ordinance.
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