Vaping Laws in South Dakota: Age, Tax & Public Use Guide in 2025
From the Black Hills to the Missouri River, South Dakota has developed a distinct and comprehensive set of regulations for vaping products. As of 2025, with recent legislative updates fine-tuning the regulatory landscape, it is crucial for consumers, retailers, and manufacturers to have a clear understanding of the rules. This guide provides an in-depth look at South Dakota’s current vaping laws, unpacking the details of what’s legal, what’s changed, and what you need to know to ensure compliance in the Mount Rushmore State.
Is Vaping Legal in South Dakota?
Yes, vaping is legal for adults aged 21 and over in South Dakota. However, the state has specific laws governing who can buy these products, how they are sold, and where they can be used, including a ban on vaping in most indoor public places.
What South Dakota Considers a Vapor Product
South Dakota law provides a broad definition to ensure its regulations cover a wide range of products. A “vapor product” is defined under S.D. Codified Laws § 34-46-20 as “Any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means… to produce vapor from nicotine in a solution or other form”. This includes e-cigarettes, e-cigars, e-pipes, and similar products, as well as their cartridges and containers.
Age Restrictions: Strictly 21 and Over
South Dakota enforces a minimum legal sales age of 21 for all tobacco and vapor products. This “Tobacco 21” standard became effective on March 2, 2020, aligning the state with federal legislation. It is illegal for any person to sell, furnish, or distribute vapor products to anyone under 21 years of age. It is also unlawful for a person under 21 to purchase, possess, or use these products.
Retailers are legally mandated to verify the age of any purchaser who appears to be under 30 years of age by checking a valid government-issued photographic identification. Penalties for violations are in place for both retailers and underage individuals:
- For Retailers (Selling to Minors): Violations are typically classified as a Class 2 misdemeanor.
- For Individuals Under 21 (Possession/Use): Minors who purchase, possess, or attempt to purchase vaping products may face a $25 fine plus court costs for a first offense.
Where Vaping is Prohibited in South Dakota
One of the most defining aspects of South Dakota’s vaping regulation is its ban on indoor vaping. In March 2019, lawmakers voted to amend the state’s Clean Indoor Air Act to treat e-cigarettes the same as combustible tobacco products, with the law taking effect on July 1, 2019.
This ban prohibits vaping in virtually all enclosed public places and places of employment. These locations include, but are not limited to:
- Government workplaces
- Private workplaces
- Schools and childcare facilities
- Restaurants and bars
- Casinos and gaming establishments (tribal establishments are exempt)
- Retail stores
- Recreational and cultural facilities
Limited exceptions to the indoor vaping ban exist for:
- Private residences (unless used as a licensed daycare).
- Hotel and motel sleeping rooms that are designated as smoking/vaping-permitted.
- Licensed establishments that sell alcohol under specific conditions related to cigar smoking.
- Retail tobacco stores that meet specific criteria.
Violating the public vaping ban is considered a petty offense, which typically carries a fine.
Additionally, the Department of Corrections prohibits the use of electronic cigarettes by staff and offenders on all real property owned, leased, or occupied by the state, including state vehicles, parking lots, and walkways, as detailed in S.D. Dep’t of Corrections Policy § 1.3.C.7 (2022).
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 South Dakota
The sale of vaping products in South Dakota is a regulated activity with specific requirements for licensing and sales practices.
Retailer and Distributor Licensing
While South Dakota does not require a specific, fee-based “vape shop” license like some other states, businesses must still be properly registered to operate. All retailers selling vapor products are required to have a Sales and Use Tax License and must register with the South Dakota Department of Revenue. There is reportedly no fee for this specific tobacco retailer registration.
A significant update came with House Bill 1069 (HB 1069), signed into law on March 4, 2025. This new law introduced additional regulations focused on controlling the supply chain:
- A requirement for vapor product distributors to secure a specific vapor product distributor license before selling products for resale.
- A mandate that retailers must purchase their vapor products only from these newly licensed distributors.
- A requirement for distributors to obtain certification from a manufacturer before selling their products.
Sales Practices and Product Requirements
- No Self-Service Displays: Self-service displays of vapor products are prohibited except in tobacco specialty stores or in vending machines that are inaccessible to individuals under 21 or equipped with a lock-out mechanism.
- Original Packaging: Vapor products must be sold in their original manufacturer’s packaging without modification.
- Online Sales and Shipping: South Dakota law prohibits the shipment or transport of tobacco products (which includes vapes) to consumers in the state, whether the seller is located within or outside the state. This effectively bans most direct-to-consumer online sales and mail-order delivery of vaping products. An exception exists for cigars under a special shipper license.
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.
Taxation of Vaping Products
As of 2025, South Dakota does not impose a specific state excise tax on vapor products. While other tobacco products are taxed at 35% of the wholesale price, this tax does not currently apply to e-cigarettes. Vapor products are, however, subject to the state’s standard 4.2% sales tax.
The Status of Flavored Vaping Products in South Dakota
As of 2025, South Dakota does not have a statewide ban on the sale of flavored vaping products. However, federal FDA regulations still apply. The FDA has a policy restricting flavors in pre-filled cartridge-based or pod-based e-cigarette systems (other than tobacco and menthol) unless a specific product has received marketing authorization. This federal rule does not apply to open-system e-liquids or most disposable vapes, meaning many flavored products remain legally available in South Dakota, subject to local ordinances.
Conclusion:
South Dakota’s vaping laws in 2025 present a clear picture of a state that has chosen to regulate vaping primarily through its existing tobacco control framework. The decision to extend its Clean Indoor Air Act to e-cigarettes creates one of the most straightforward public use policies in the nation, while the 21+ age limit is firmly established. The lack of a specific excise tax or a statewide flavor ban makes it more permissive in those areas, but recent legislation tightening the supply chain shows that the regulatory environment is still being actively managed. For anyone involved with vaping in South Dakota, the key is to understand that vapes are generally treated like cigarettes, especially concerning age and public use, and to stay informed on any new rules affecting retailers and distributors.
References
- South Dakota News Watch – Public vaping ban passed in S.D. amid some controversy (2019)
- Justia Law – S.D. Codified Laws § 34-46-20 (Vapor product defined)
- Justia Law – S.D. Codified Laws § 34-46-21 (Self-service displays)
- South Dakota Department of Revenue – Cigarette & Tobacco
- SD Legislature – Chapter 278, 2019 Session Laws (Penalties)
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