Vaping Laws in Vermont : A Comprehensive Guide for 2025

Known for its picturesque landscapes and independent spirit, Vermont also stands out for having some of the most comprehensive and stringent vaping regulations in the United States. This approach combines one of the nation’s highest excise taxes on vaping products, a complete ban on online sales to consumers, strict retailer licensing, and broad public use prohibitions. This guide provides an in-depth look at Vermont’s current vaping laws, helping consumers, retailers, and manufacturers navigate this tightly controlled environment with clarity and confidence.

Is Vaping Legal in Vermont?

Yes, vaping is legal for adults aged 21 and over in Vermont. However, it is subject to a complex set of regulations that are among the most restrictive in the U.S., governing who can buy these products, where they can be used, how they are taxed, and how they can be sold.

What Vermont Considers a “Tobacco Substitute”

Vermont law classifies e-cigarettes and related items under the umbrella of “tobacco substitutes.” This definition is crucial as it subjects vaping products to many of the same controls as traditional tobacco. A “tobacco substitute” includes any product, whether or not it contains nicotine, that is intended to be smoked or heated and inhaled by the user in a manner similar to smoking. This explicitly encompasses e-cigarettes, vaping liquids, devices, and specific accessories.

Age Restrictions: Strictly 21 and Over

Vermont enforces a minimum legal sales age of 21 for purchasing, possessing, or using any tobacco product or tobacco substitute, including all vaping products. This “Tobacco 21” law aligns Vermont with federal standards.

Retailers are legally mandated to verify the age of any purchaser who appears to be under 30 years old by checking a valid government-issued photographic identification. This “each-and-every time” requirement means even regular customers must have their ID checked on every visit. Acceptable forms of ID include a valid driver’s license, passport, U.S. Military ID, or a Vermont DMV non-driver ID; temporary paper licenses are not acceptable for age verification.

Individuals under 21 caught possessing vaping products face a $25 civil penalty, while using false identification to purchase them can result in a fine of up to $50. The law includes a narrow exception allowing employees aged 16 and older to handle these products as part of their work duties, but they cannot sell them unless supervised by someone aged 21 or older.

Is Flavored Vapes Banned in Vermont

One of the most recent developments in Vermont’s vaping policy has been the legislative battle over flavored products. As of mid-2025, Vermont does not have a statewide ban on the sale of flavored vaping products.

In the spring of 2024, the Vermont Legislature passed a comprehensive bill, S.18, which would have banned the sale of all flavored e-cigarettes, e-liquids (except tobacco flavor), and menthol cigarettes, with a proposed effective date of 2026. However, Governor Phil Scott vetoed the bill in April 2024. In his veto message, Governor Scott cited several reasons for his decision:

Policy Inconsistency: He pointed out the “hypocrisy” of banning flavored tobacco and vape products while the state permits and profits from the sale of flavored alcohol and cannabis products.
Economic Concerns: The governor highlighted the potential for significant revenue loss for the state (estimated at $15 million) and the negative impact on small, independent retailers near the New Hampshire border, where such products would remain legal.
Harm Reduction for Adults: He argued that flavored vaping products are an effective tool for helping adult smokers quit combustible cigarettes and that a ban would limit their access to these less harmful alternatives.

The Legislature did not attempt to override the governor’s veto, meaning flavored vaping products remain legal for sale in Vermont.

Where Vaping is Prohibited in Vermont

Vermont has comprehensive laws restricting where vaping can occur, treating it identically to traditional smoking in most public spaces.

Vermont’s Clean Indoor Air Act

Vermont’s Clean Indoor Air Act was enhanced by Act 108 in 2016 to explicitly include e-cigarettes in its definition of “smoking.” This means that vaping is prohibited in virtually all enclosed indoor public places and places of employment. These locations include, but are not limited to:

Restaurants, bars, and cabarets (including private clubs).
Indoor workplaces.
Retail stores and shopping malls.
Public transportation.
Hotels and motels (with limited exceptions for designated smoking/vaping rooms).
Buildings owned by social, fraternal, or religious organizations.
Common areas of nursing homes and hospitals.

The law also prohibits vaping within 25 feet of the entrance to any state-owned building.

Limited exemptions exist for dedicated vaping lounges that are established solely for vaping and do not serve food or beverages, and for certain areas within retail tobacco shops.

Schools, Childcare, and Vehicles

The state places a particular emphasis on protecting children from exposure:

Schools and Childcare: Vaping is strictly prohibited on all public school grounds (indoors and outdoors), at school-sponsored events, and in all licensed childcare facilities and afterschool programs.
Vehicles with Children: Vaping is prohibited in a motor vehicle when it is occupied by a child who is required to be in a car seat or booster seat (generally, children aged 7 and under), as per Vt. Stat. Ann. tit. 23, § 1134b(a).

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Selling Vaping Products in Vermont

The sale of vaping products in Vermont is a tightly controlled activity with specific requirements for retailers.

Mandatory Licensing and Endorsements

All businesses that sell e-cigarettes or other tobacco substitutes in Vermont must obtain two licenses from the Vermont Division of Liquor Control and Lottery:

A Tobacco License ($110 annually).
A Tobacco Substitute Endorsement ($50 annually) specifically for selling e-cigarettes and vaping products.

These licenses must be renewed annually by April 30th and must be prominently displayed on the premises.

Sales Practices and Shipping Ban

No Self-Service Displays: Self-service displays of vapor products are prohibited except in locations that are physically inaccessible to individuals under 21 (e.g., behind the counter).
Vending Machines: Vending machine sales are restricted to locations where individuals under 21 are not permitted access.
Complete Online Sales Ban: Vermont maintains a complete prohibition on the online, mail-order, or phone sale of tobacco substitutes directly to consumers, effective since July 1, 2019. Only licensed wholesale dealers and retailers may receive shipments from other licensed entities.

The Vermont Attorney General’s office actively enforces this delivery sales ban, having collected over $942,750 in settlements from non-compliant online retailers as of 2024, including a $400,000 settlement with Amazon.

Packaging and Employee Training

All liquid nicotine containers sold in Vermont must be in child-resistant packaging, excluding pre-filled, sealed cartridges not intended to be opened by the consumer. Additionally, all employees who sell tobacco products must complete a state-approved training program before beginning work and every 24 months thereafter. This training covers age verification, product regulations, and compliance procedures.

Taxation of Vaping Products in Vermont

Vermont imposes one of the highest vaping taxes in the United States. All tobacco substitutes, including e-cigarettes, vaping liquids (both nicotine and non-nicotine), devices, and specific accessories, are subject to a 92% excise tax on the wholesale price. This tax, effective since July 1, 2019, is the second-highest ad valorem rate in the nation (behind Minnesota’s 95%) and the highest in the northeastern region.

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Enforcement and Penalties

Vermont employs a multi-agency approach to enforcement, involving the Division of Liquor Control and Lottery, the Attorney General’s Office, and the Department of Health. The state conducts annual compliance inspections of all tobacco retailers, often using 17-year-old decoys under law enforcement supervision, and maintains a high compliance rate (over 90%).

Penalties for violations are significant and escalate for repeat offenses:

Underage Sales: Civil penalties start at up to $100 for a first offense and rise to $500 for subsequent offenses. Multiple violations within a six-month period can trigger mandatory license suspensions ranging from two days to one year.
Online Sales Violations: Can result in civil penalties up to $5,000 per violation and potential criminal penalties of up to 5 years imprisonment and $5,000 in fines.

Conclusion:

Vermont’s vaping laws in 2025 reflect a comprehensive and stringent regulatory framework designed to prioritize public health. For businesses, operating in Vermont requires meticulous attention to compliance with tax obligations, licensing, age verification, and sales channel restrictions. For consumers, it means being aware of the 21+ age limit, the high cost of products, and the extensive restrictions on where vaping is permitted. As Vermont continues to navigate the complex balance between harm reduction for adult smokers and the prevention of youth nicotine addiction, all stakeholders should remain vigilant and informed about the state’s evolving legal landscape.

Vaping Laws in the USA by States
Alabama	Alaska	Arizona	Arkansas	California
Colorado	Connecticut	Delaware	Florida	Georgia
Hawaii	Idaho	Illinois	Indiana	Iowa
Kansas	Kentucky	Louisiana	Maine	Maryland
Massachusetts	Michigan	Minnesota	Mississippi	Missouri
Montana	Nebraska	Nevada	New Hampshire	New Jersey
New Mexico	New York	North Carolina	North Dakota	Ohio
Oklahoma	Oregon	Pennsylvania	Rhode Island	South Carolina
South Dakota	Tennessee	Texas	Utah	Vermont
Virginia	Washington	West Virginia	Wisconsin	Wyoming

Matthew Ma

Marketing at Ecigator

With over a decade of experience in the e-cigarette industry, Matthew Ma is a seasoned expert in both the manufacturing and usage aspects of vaping products. His extensive background has provided him with a deep understanding of the intricacies and evolving dynamics of e-cigarettes.

Vaping Laws in Vermont : A Comprehensive Guide for 2025

Is Vaping Legal in Vermont?

What Vermont Considers a “Tobacco Substitute”

Age Restrictions: Strictly 21 and Over

Is Flavored Vapes Banned in Vermont