Vaping Laws in North Dakota: Age, Indoor Ban & New Bills

Vaping Laws in North Dakota

North Dakota, a state known for its wide-open spaces and robust energy sector, has also developed a comprehensive and evolving set of regulations for vaping products. This guide provides an in-depth look at North Dakota’s current vaping laws, incorporating the latest legislative updates and authoritative sources to help you navigate this tightly regulated environment with clarity and ensure compliance.

So, what is the current legal status of vaping in the state? Yes, vaping is legal in North Dakota for adults aged 21 and over, but it is subject to a robust set of regulations. Let’s explore the details of these laws and what they mean for you.

At the core of North Dakota’s approach to vaping is a firm stance on preventing underage access, supported by both state and federal law, alongside clear definitions that categorize these products for regulatory purposes.

Defining “Electronic Smoking Device”

North Dakota law provides a broad definition to ensure comprehensive regulatory coverage. Under N.D. Cent. Code § 23-12-09(3), an “electronic smoking device” is defined as “any electronic oral device, such as one composed of a heating element and battery or electronic circuit, or both, which provides a vapor of nicotine or any other substances, and the use or inhalation of which simulates smoking.” This includes e-cigarettes, e-cigars, e-pipes, vape pens, and e-hookahs, ensuring that a wide range of vaping devices and consumables fall under state regulatory control.

North Dakota strictly enforces a minimum legal sales age of 21 for all tobacco products, which explicitly includes all e-cigarettes, vapor products, and their components. This “Tobacco 21” standard aligns North Dakota with federal legislation. It is illegal for any person to sell, give, or furnish these products 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. For individuals under 21, the purchase, possession, or use of vaping products is a noncriminal offense, which can result in fines up to $500. This approach penalizes underage use while placing the primary legal burden on retailers to prevent illegal sales.

Where Vaping is Prohibited in North Dakota

Where Vaping is Prohibited in North Dakota

North Dakota is among the states with comprehensive smoke-free indoor air laws that have been explicitly extended to include e-cigarettes and vaping products, aiming to protect the public from secondhand aerosol exposure.

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North Dakota’s Smoke-Free Law and Vaping

North Dakota’s smoke-free law, outlined in N.D. Cent. Code Chapter 23-12, was amended to include vaping in its definition of “smoking.” This means that vaping is prohibited in virtually all enclosed public places and places of employment where traditional smoking is also banned. These locations include, but are not limited to:

  • Restaurants and bars
  • Workplaces and office buildings
  • Public transportation
  • Healthcare facilities and hospitals
  • Retail stores and shopping malls
  • Public and private educational facilities (K-12 and higher education)
  • Casinos and other gaming establishments

The ban also extends to areas within 20 feet of entrances, exits, operable windows, air intakes, and ventilation systems of enclosed areas where smoking and vaping are prohibited. This “buffer zone” is designed to prevent aerosol from drifting into these smoke-free environments.

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Selling Vaping Products in North Dakota

The sale of vaping products in North Dakota is a regulated activity, with specific requirements for licensing, product handling, and safety.

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Mandatory Retailer and Distributor Licensing

All persons or businesses engaged in selling electronic smoking devices in North Dakota must obtain the proper licensing from the North Dakota Attorney General’s office. The state requires separate licenses for different levels of the supply chain, with annual fees:

  • Dealer/Retailer License: $15 per location
  • Distributor/Wholesaler License: $25 (plus a $1,000 surety bond)

All licenses expire on June 30th each year and must be renewed to avoid penalties. All business entities must also be registered with the North Dakota Secretary of State as a condition of licensure.

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Sales Practices and Product Requirements

  • Vending Machine Restrictions: Electronic smoking devices cannot be sold through vending machines except in areas where individuals under 21 are not permitted access, such as the premises of a licensed liquor establishment.
  • Child-Resistant Packaging: Nicotine liquid containers sold at retail in North Dakota must be in child-resistant packaging to prevent accidental ingestion by children.

Taxation of Vaping Products in North Dakota

As of 2025, North Dakota does not impose a state excise tax specifically on vaping products. These products are only subject to the standard state and local sales tax. This places North Dakota in a minority of states and makes its tax burden on vapes significantly lower than on other tobacco products (e.g., cigars are taxed at 28% of wholesale, snuff at 60 cents per ounce). North Dakota’s traditional cigarette tax is also the third-lowest in the nation at 44 cents per pack, a point of criticism from health advocates.

However, this is likely to change. In the 2025 legislative session, Senate Bill 2281 was introduced, which would impose a 28% excise tax on e-cigarettes and vapes at the wholesale level, bringing them in line with other tobacco products. This bill represents a significant push to increase taxes on all nicotine products to generate revenue and discourage use, particularly among youth.

Flavor Restrictions and Proposed Product Registry

While North Dakota has not enacted a statewide flavor ban, federal rules and new state-level legislative proposals are set to significantly impact product availability.

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Flavor Regulations

North Dakota does not have a statewide ban on the sale of flavored vaping products. However, federal FDA regulations restrict the sale of flavored closed-system devices (pods, cartridges) to only tobacco and menthol, unless a specific flavored product has received FDA marketing authorization. This federal rule limits the availability of certain flavored products in the state.

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The Proposed PMTA Registry (House Bill 1003)

A major legislative development in the 2025 session is House Bill 1003 (HB 1003), which proposes the creation of a PMTA Registry for vaping products sold in the state. This type of law, which has been passed in several other states, would:

  • Require manufacturers to certify that their products have either received FDA marketing authorization or have a pending PMTA under active review.
  • Create a state-managed directory of all legally saleable vaping products.
  • Make it illegal for retailers to sell any product not listed on this directory.

This legislation has generated significant concern among vape shop owners, who fear it could force them out of business by banning the vast majority of products currently on their shelves, which lack formal FDA authorization. The bill’s progress will be a critical factor in shaping the future of North Dakota’s vape market.

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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 Recent Actions

North Dakota employs a multi-agency approach to enforce its vaping laws, with a notable recent action highlighting the state’s commitment to cracking down on illegal sales.

In a recent enforcement action, the North Dakota Attorney General’s office announced a settlement with Delta 8 Resellers, an online company, for illegally selling vaping products to North Dakota residents, including minors. The company agreed to cease all sales to North Dakota for one year and must implement robust age-verification technology if it ever resumes business in the state. This case underscores the state’s focus on preventing illegal online sales and protecting youth.

Conclusion

North Dakota’s vaping laws in 2025 reflect a comprehensive regulatory framework that prioritizes public health and youth protection. The strict 21+ age limit, the comprehensive ban on vaping in all indoor public spaces and workplaces, and the mandatory retailer licensing system create a tightly controlled market. While the state currently lacks a specific excise tax on vapes and a statewide flavor ban, the ongoing legislative session is actively addressing these issues. The potential passage of SB 2281 (new tax) and HB 1003 (PMTA registry) would represent a fundamental shift, aligning North Dakota with some of the more restrictive regulatory models in the country.

For consumers, it is essential to be aware of the age restrictions and the extensive locations where vaping is prohibited. For retailers, meticulous adherence to licensing, age verification, and product sourcing (especially if a registry is created) is crucial to avoid significant penalties. As the legal and legislative landscape continues to evolve, all stakeholders should stay informed through official state resources like the North Dakota Attorney General’s Office and the North Dakota Legislative Branch website.

References

  1. LegiScan – North Dakota HB1570 Bill Text (2025 – Definitions)
  2. North Dakota Century Code – Title 57, Chapter 36 (Tobacco Taxes – for licensing context)
  3. North Dakota Attorney General – Tobacco Licensing
  4. LegiScan – North Dakota HB1003 (2025 Session – PMTA Registry Bill)
  5. North Dakota Century Code – Chapter 23-12 (Smoking Prohibited)
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