Vaping Laws in Virginia: Everything You Need to Know (2025 updated)

Vaping Laws in Virginia

Virginia, a state steeped in American history and known for its stunning Blue Ridge Mountains and vibrant coastal communities, is also navigating the modern complexities of public health policy, particularly concerning the rise of vaping. As electronic cigarettes and similar devices have become more prevalent, the Old Dominion has been actively shaping its own set of rules. For anyone living in or visiting Virginia, or for businesses operating within its borders, understanding the specific vaping laws as they stand in 2025 is essential.

These regulations, from who can legally purchase these products to where they can be used and which items can even be sold, reflect an ongoing effort to balance individual choices with community well-being, especially the protection of young people. This guide will delve into the key aspects of Virginia’s current vaping legislation, including significant recent updates that are reshaping the market.

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

Virginia law provides specific definitions to ensure comprehensive regulatory coverage. A “nicotine vapor product” is defined 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 a solution or other substance, and includes any e-cigarette, e-cigar, e-pipe, or similar product or device, and any cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an e-cigarette or similar device. “Liquid nicotine” is also specifically defined. These definitions ensure that a wide range of vaping devices and consumables fall under state regulatory control.

Virginia firmly enforces a minimum legal sales age of 21 for all tobacco products, which explicitly includes all e-cigarettes, alternative nicotine products, and vapor products. This “Tobacco 21” standard aligns Virginia with federal legislation enacted in December 2019. Under Code of Virginia § 18.2-371.2, it is illegal for any person to sell, distribute, purchase for, or knowingly permit the purchase by any person younger than 21 years of age of any tobacco product, including nicotine vapor products or hemp products intended for smoking.

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 that confirms the authenticity of the ID. Selling to underage individuals carries significant civil penalties for retailers, escalating with subsequent offenses within a 36-month period:

  • First offense: Up to $1,000 fine (some sources note $500, but recent legislative summaries point to higher potential).
  • Second offense: Up to $5,000 fine.
  • Third offense within 36 months: Up to $10,000 fine and a 30-day license suspension.
  • Fourth offense within 36 months: License revocation and a 3-year ineligibility for a new license.

Notably, a 2024 law (SB 582, Chapter 796) repealed the old criminal provision that made it an offense for under-21 individuals to merely buy or possess vaping products, shifting the primary enforcement burden to retailers preventing illegal sales. However, proposals in the 2025 General Assembly (e.g., SB 1060) sought to re-criminalize possession by those under 21, indicating this is an area of ongoing legislative attention.

Where Vaping is Prohibited in Virginia

Where Vaping is Prohibited in Virginia

Virginia has specific laws restricting where vaping can occur, primarily aimed at protecting youth and ensuring clean air in certain environments.

1

Schools and Child-Focused Areas

A critical focus of public use bans is the protection of children:

  • Schools: Vaping is strictly prohibited in all public elementary, middle, and secondary schools, on school buses, and at any school-sponsored activity, as mandated by Code of Virginia § 22.1-79.5. School boards are required to develop and implement policies to enforce this ban.
  • Parks: Vaping is banned in any structure or place within public parks where smoking is already prohibited.
2

Virginia Clean Indoor Air Act and Vaping

Unlike some states that have broadly amended their Clean Indoor Air Acts to treat vaping identically to smoking in all public indoor spaces, Virginia’s approach has been more nuanced. The Virginia Indoor Clean Air Act primarily addresses “smoking,” defined as the act of burning or exhaling smoke from lit tobacco products. As such, vaping is not explicitly covered by the general statewide ban on smoking in most indoor public places like restaurants and workplaces under the current interpretation of the VCIAA itself.

However, this does not mean vaping is permitted everywhere indoors. Many private establishments (restaurants, workplaces, retail stores) choose to implement their own policies prohibiting vaping on their premises. Furthermore, local municipalities in Virginia have the authority to enact stricter ordinances that may ban vaping in public indoor spaces within their jurisdictions. Therefore, it is essential to always check local rules and establishment policies.

3

Public Transportation

The use of e-cigarettes is prohibited on Virginia Railway Express (VRE) trains and is limited to within 100 feet on the north end of VRE station platforms.

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Selling Vaping Products in Virginia

The sale and distribution of vaping products in Virginia are tightly controlled, with specific requirements for retailers and manufacturers, particularly concerning product approval and age verification.

1

Retailer Licensing

Retailers in Virginia must be licensed by the state to sell vaping products. Virginia law requires a tobacco products retail license (administered through the Department of Taxation) for any outlet selling tobacco or vape goods. Additionally, manufacturers, distributors, or retailers of e-liquids must obtain a special “liquid nicotine and nicotine vapor products” license. The annual fee for a tobacco retail license was cited as $600 for 2025 in some research.

2

Restrictions on Sales Channels

  • Vending Machines: The sale or dispensing of any tobacco product, including liquid nicotine or nicotine vapor products, from vending machines is strictly prohibited.
  • Internet and Mail-Order Sales: Virginia law, as amended by 2024’s SB 582 (Chapter 796), prohibits direct-to-consumer internet or mail-order sales of e-liquids and nicotine vapor products to individuals within the Commonwealth. Such sales are only permissible if shipped to a licensed retail dealer. Any permitted delivery sales must employ robust age verification software and require an adult (21+) signature upon delivery.
3

Manufacturer Certification and Attorney General’s Product Directory (New for 2025)

A highly significant legislative update impacting the vaping market in Virginia is the enactment of SB 550 / HB 1069 (Chapters 793/828 of the 2024 Acts of Assembly). This law establishes stringent product certification requirements for manufacturers and creates a state-managed directory of approved vaping products.

Key provisions include:

  • Manufacturer Certification: Effective July 1, 2025, manufacturers must submit certification forms to the Virginia Attorney General for each liquid nicotine and nicotine vapor product they intend to sell or have sold in the state.
  • FDA Status Requirement: This certification must attest that the product either has received a marketing granted order (MGO) from the U.S. Food and Drug Administration (FDA) or was on the market before August 8, 2016, and had a Premarket Tobacco Product Application (PMTA) submitted to the FDA by September 9, 2020, which remains under active review or has an MDO that is stayed.
  • Attorney General’s Directory: By December 31, 2025, and annually thereafter, the Attorney General will establish and make publicly available a directory listing all certified liquid nicotine and nicotine vapor products that comply with these requirements.
  • Sales Prohibition of Unlisted Products: Beginning December 31, 2025, it will be illegal to sell, distribute, or import for resale in Virginia any liquid nicotine or nicotine vapor product not listed in the Attorney General’s directory. Retailers and distributors will have a 60-day grace period to liquidate inventory of products that are removed from or not included in updated versions of the directory.
  • Penalties: Selling unapproved (non-directory listed) products can incur severe penalties, including fines of $1,000 per day for each unapproved product sold or offered for sale.

This law aims to align the Virginia market with federal FDA oversight and is expected to significantly impact the availability of many vaping products, particularly flavored disposable vapes and bottled e-liquids that lack FDA marketing authorization.

Taxation and Flavor Regulations

Excise Tax on Liquid Nicotine

Virginia imposes a state excise tax on liquid nicotine. Effective July 1, 2024, the tax rate for liquid nicotine is $0.11 per milliliter. This was an increase from a previous rate of $0.066 per milliliter. This excise tax applies to the volume of liquid nicotine or consumable material intended for use in a nicotine vapor product. Heated tobacco products are taxed separately at 20% of the wholesale price. These taxes are collected by distributors and retailers and remitted to the state, contributing to state revenue and potentially acting as a deterrent to consumption.

Flavor Restrictions

As of mid-2025, Virginia does not have a statewide ban on the sale of flavored vaping products beyond what federal FDA enforcement dictates (which primarily targets unauthorized flavored cartridge-based systems other than tobacco and menthol). However, the new product certification and directory requirements under SB 550 / HB 1069 will indirectly lead to significant restrictions on flavored products. Since very few flavored vaping products have received FDA marketing authorization, most will likely not qualify for inclusion in the Attorney General’s approved directory and will therefore be illegal to sell in Virginia after December 31, 2025. This effectively creates a de facto ban on most flavored vapes that lack FDA authorization.

Looking for Manufacturer for Your Vape Business?
ecigator disposable vape factory manufacturer 1

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.

Conclusion

Virginia’s vaping laws represent a comprehensive and actively evolving regulatory framework designed to protect public health, with a strong emphasis on preventing youth access to nicotine. The strict 21+ age limit, specific prohibitions on public use in schools and other sensitive areas, a notable excise tax on e-liquids, and particularly the new, stringent manufacturer certification and product directory system (SB 550 / HB 1069) effective in 2025, create a tightly controlled market. This new directory system, by tying product legality to FDA marketing status, is poised to significantly reduce the availability of many vaping products, especially flavored disposables, that lack federal authorization.

For consumers, understanding the age restrictions and where vaping is permitted is crucial. For retailers and manufacturers, meticulous compliance with licensing, age verification, tax remittance, and the new product registration and directory requirements is paramount to avoid substantial penalties. As these laws are fully implemented and potentially face legal scrutiny or further legislative adjustments, staying informed through official state resources like the Virginia Department of Taxation and the Virginia Legislative Information System will be essential for all stakeholders navigating the future of vaping in the Commonwealth.

References

  1. Virginia Law – § 59.1-293.20 (Likely relates to new directory/certification – verify specific content)
  2. BillTrack50 – Virginia Bill Detail (Example for tracking legislation)
  3. Virginia Tax – Liquid Nicotine and Nicotine Vapor Products License
  4. Virginia Law – § 18.2-371.2. Prohibiting purchase or possession of tobacco products…by persons under 21…
  5. Virginia Law – § 59.1-293.16 (Likely relates to new directory/certification – verify specific content)
  6. Virginia Law – § 15.2-912.4 (Local cigarette tax authority – broader context)
  7. Virginia Law – § 59.1-293.12 (Likely relates to new directory/certification – verify specific content)
  8. LegiScan – Virginia SB1060 Text (2025 Proposed)
  9. LegiScan – Virginia SB1146 Text (2025 Proposed)
  10. Virginia Law – § 58.1-1021.04:1 (Liquid nicotine and nicotine vapor products tax)
  11. Justia Law – Virginia Code § 58.1-1021.04:1
  12. Virginia Law – § 22.1-79.5 (Tobacco products and nicotine vapor products prohibited on school property)
  13. Virginia Law – Title 18.2 Updates (General Criminal Code)
  14. Virginia Law – § 22.1-206 (Physical and health education – broader context)
  15. Virginia Law – § 18.2-391 (Unlawful acts pertaining to display or sale of sexually explicit items to juveniles – broader context of youth protection)
  16. Ecigator News – Virginia Flavored Vape FDA
  17. LegiScan – Virginia SB582 Text (2024 – Repealed minor possession)
  18. Virginia Law – § 58.1-1021.06 (Retail dealer license for tobacco products)
  19. Virginia Budget Item – HB6001 (Tax rate confirmation 2024)
  20. LIS Virginia – SB550 Summary (2024 – Manufacturer Directory)
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