Vaping Laws in Kentucky: A Guide for Vapers in 2025
Known for its rolling bluegrass hills and rich bourbon heritage, Kentucky is also a state that has recently taken a uniquely stringent approach to public health policy, particularly concerning the regulation of vaping products. The Commonwealth has implemented a series of laws that have fundamentally transformed its e-cigarette market, creating a complex legal landscape for consumers, retailers, and manufacturers. This guide provides an in-depth look at Kentucky’s current vaping laws, unpacking the details of what’s legal, what’s changed, and what it means for you.
What Kentucky Considers a Vapor Product
Kentucky law provides definitions to ensure comprehensive regulatory coverage. While specific statutory language can vary, the laws generally cover electronic cigarettes, e-cigars, e-pipes, vape pens, and any cartridge or other container of nicotine in a solution or other form that is intended to be used with or in such a device. The regulations often apply regardless of whether the e-liquid contains nicotine.
Is Vaping Legal in Kentucky?
Yes, vaping is legal for adults aged 21 and over in Kentucky. However, it is subject to some of the most restrictive product availability laws in the nation, alongside specific rules on taxation and where vaping is permitted.
Age Restrictions: Strictly 21 and Over
Kentucky rigidly enforces a minimum legal sales age of 21 for all tobacco and vapor products. This “Tobacco 21” standard aligns Kentucky with federal legislation. It is illegal for any person to sell, distribute, or furnish any vaping product to an individual under 21 years of age. 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.
Penalties for clerks caught selling to minors escalate with subsequent offenses, with fines ranging from $100 for a first offense up to $1,000 for a second offense within a two-year period.
The PMTA Registry Law in Kentucky
The most significant development in Kentucky’s vaping regulation is House Bill 11 (HB 11), which took full effect on January 1, 2025. This legislation created a state-managed directory, or “PMTA registry,” of all legal vaping products that can be sold in the state. This has fundamentally reshaped the market.
To be legally sold in Kentucky, a vaping product must now appear on this official list, which is maintained by the Department of Alcoholic Beverage Control. To qualify for inclusion, manufacturers must certify that their products meet one of the following criteria tied to the FDA Premarket Tobacco Product Application (PMTA) process:
- The product has received a full marketing authorization order from the FDA.
- The product was on the market as of August 8, 2016, a PMTA was submitted to the FDA by the September 9, 2020, deadline, and that application remains under active review by the FDA or is the subject of ongoing litigation after a denial.
Impact on Product Availability
The practical effect of HB 11 has been a dramatic reduction in the number of vaping products available on Kentucky shelves. The FDA has authorized only a very small number of e-cigarette products to date – just 34 products from a handful of companies as of late 2024/early 2025, almost all of which are tobacco or menthol flavored and owned by major tobacco corporations.
This means that the vast majority of previously available products, especially the popular flavored disposable vapes which lack FDA authorization, became illegal for sale in Kentucky as of January 1, 2025.
Where Vaping is Prohibited in Kentucky
Kentucky’s approach to regulating public vaping is a mix of specific statewide prohibitions and a notable lack of a comprehensive indoor air law covering vaping, which places more emphasis on local governance.
Statewide Prohibitions: Government Properties and Schools
A key regulation is a ban on vaping on all properties owned or operated by Kentucky’s Executive Branch. This is a broad prohibition established by Executive Order 2014-747 and includes:
- State office buildings, land, and vehicles.
- Veterans’ facilities and healthcare centers operated by the state.
- State parks and fairgrounds.
- Highway rest areas.
- Courtrooms and court facilities.
Additionally, House Bill 142 requires all Kentucky schools to adopt strict anti-vaping policies. This law mandates the confiscation of vaping products from students and a system of progressive penalties. A first offense requires educational intervention, while subsequent offenses can lead to more severe disciplinary actions like suspension. Schools must also provide evidence-based nicotine prevention and cessation materials to all students.
The Kentucky Clean Indoor Air Act and Vaping
Unlike many other states, Kentucky’s statewide Clean Indoor Air Act has NOT been amended to include vaping products in its general smoking ban for public places. This means there is no state law that automatically prohibits vaping in private workplaces, restaurants, or bars. In areas without stricter local ordinances, individual businesses can decide whether to allow or prohibit vaping indoors.
Local Ordinances
Because the state’s Clean Indoor Air Act does not cover vaping, many local municipalities and counties have passed their own, often stricter, ordinances that do prohibit vaping wherever smoking is banned. Cities and counties with such public vaping restrictions include:
- Bardstown
- Berea
- Danville
- Glasgow
- Hardin County
- Lexington
- Manchester
- Morehead
- Richmond
- Versailles
- Woodford County
In Louisville, for example, a local ordinance bans indoor vaping in most public places. This “patchwork” of rules means vapers must be aware of specific city or county regulations when traveling across the state.
Ecigator is one of the well-known vape brands spun off from FM Technology Co., Ltd, it’s an ISO-certified disposable vape manufacturer for OEMs, ODMs, and OBM since 2010. The founder team comes from top firms with more than 10 years of experience in the vaping industry and has devoted thousands of hours to providing users with a better and better experience.
18K Disposable Pod Kit
Disposable Pod Kit – 18ml changeable pod with 650mAh rechargeable battery.
20K with Large Screen
20000 Puffs Disposable Vape with large screen. Normal and Boost working modes.
20K DTL Disposable
20K Puffs DTL(Directly to Lung) disposable vape with airflow control and screen.
Selling Vaping Products in Kentucky
The sale of vaping products in Kentucky is a regulated activity, with specific requirements for taxation and, in the near future, licensing.
Taxation of Vaping Products
Kentucky imposes a state excise tax on vaping products, with a tiered structure based on the type of system:
- Closed Vaping Systems (pre-filled pods/cartridges): Taxed at $1.50 per cartridge.
- Open Vaping Systems (refillable e-liquids): Taxed at 15% of the wholesale price.
This tax applies to both nicotine and non-nicotine e-liquids and is intended to generate revenue for the state while potentially discouraging use through increased cost.
Retailer Licensing: Coming in 2026
A significant future change for retailers is the implementation of a mandatory licensing system. As per Ky. Rev. Stat. Ann. §§ 438.305–438.350, retailers will be required to obtain a license to sell vapor products starting January 1, 2026. While not yet in effect as of mid-2025, this upcoming requirement will add another layer of regulatory oversight for all businesses selling these products.
Hemp-Derived Vaping Products
Kentucky has also implemented restrictions on hemp-derived vaping products. These products are required to contain 5% or less total THC after decarboxylation. This effectively bans high-THCa hemp products that are designed to convert to high-THC delta-9 when heated in a vape, bringing these products under a stricter regulatory scope.
ECIGATOR
Ecigator is one of the well-known vape brands spun off from FM Technology Co., Ltd, it’s an ISO-certified disposable vape manufacturer for OEMs, ODMs, and OBM since 2010. The founder team comes from top firms with more than 10 years of experience in the vaping industry and has devoted thousands of hours to providing users with a better and better experience.
Enforcement and Compliance
To ensure adherence to the new PMTA registry law, HB 11 established a tobacco noncompliance database managed by the Department of Alcoholic Beverage Control. This system is designed to:
- Track retailers who violate tobacco and vaping laws.
- Prohibit wholesalers from selling to retailers who are listed in the noncompliance database.
- Impose fines on wholesalers who are caught selling to non-compliant retailers.
This creates a system of accountability throughout the supply chain, from manufacturer certification to retail sale.
Conclusion
Kentucky’s vaping laws in 2025 reflect a state in the midst of significant regulatory tension. The enforcement of the PMTA registry law under House Bill 11 has created one of the most restrictive markets in the U.S., fundamentally altering product availability. This, combined with a firm 21+ age limit and specific public use bans, signals a strong public health stance aimed at youth protection. However, the ongoing legislative pushback and the law’s impact on small businesses and adult consumers ensure that the debate over the best path forward is far from over. The future of vaping in the Commonwealth will likely be shaped by the outcomes of these legislative battles and potential court challenges.
References
- KY DBHDID – TRUST Brochure (Penalties)
- Kentucky Department of Revenue – Tobacco and Vapor Products Taxes
- ComplyIQ – Vape Tax by State (Kentucky details)
- Kentucky Legislature – KRS 438.350 (Use of tobacco products, alternative nicotine products, or vapor products in schools prohibited)
- Kentucky Legislature – HB 11 Bill Details
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