Vaping devices quickly gained popularity in Malaysia upon their introduction, particularly among young people. Some saw them as an alternative to traditional cigarettes, while others, including non-smokers, viewed owning a stylish vaping device as a fashion statement. As demand grew, vaping evolved from a habit to a cultural symbol, with users making a statement simply by carrying a device.

The appeal of vaping was further enhanced by the wide range of customizable flavors available, from fruity options to dessert-inspired choices like key lime pie, cotton candy, milk tea, and matcha. However, the health risks associated with vaping, especially due to its nicotine content, have raised concerns among experts who call for stricter regulations, particularly given the increasing accessibility of vaping devices to children.

Is Vaping Legal in Malaysia?

Yes, vaping is legal in Malaysia, but the government has laid down strict regulations.

Vaping Legality and Regulations in Malaysia

The Malaysian government has confirmed that vaping is legal but subject to strict regulations. Rather than banning vaping devices outright, the government relies on the Control of Smoking Products for Public Health Act 2024 to regulate vaping and its sales.

The law prohibits minors under the age of 18 from purchasing or using any smoking products, including vapes. Violators can face fines of up to RM500 or 120 hours of community service within six months, with the court having the authority to increase the penalties for repeat offenders.

Age Restrictions

• The sale, purchase, and use of e-cigarettes will be prohibited for individuals under the age of 18. This aligns with efforts to limit youth access to tobacco products.

Sales and Marketing Regulations

• The Act will enforce a ban on selling all smoking products, including vapes, through vending machines. This measure is intended to prevent easy access to these products in public spaces.
• There will be restrictions on advertising and promotional activities related to vaping products, particularly those that might appeal to minors.

Malaysia is set to implement comprehensive regulations on vaping and e-cigarettes through the Control of Smoking Products for Public Health 2024 (Act 852), which will take effect in August 2024. This legislation aims to address public health concerns associated with smoking and vaping, particularly among youth.

The new regulations include:

• Banning the display of vape products at shop counters
• Reducing the maximum volume of vape liquids in disposable pods and cartridges to 3ml and 15ml for bottles
• A six-month phase-out period for current stocks
• A registration fee of RM5,000 for each vape product

Can I Bring Vapes into Malaysia?

Yes, you can bring vapes into Malaysia, but there are specific regulations and considerations to keep in mind. Vaping is legal in Malaysia, and there are numerous vape shops available, particularly in urban areas like Kuala Lumpur. Nicotine-containing e-liquids can be purchased, but they are subject to certain regulations, including taxation and age restrictions.

Travelers are generally allowed to bring personal vaping devices and e-liquids for personal use. However, it is advisable to limit the quantity to what would be considered reasonable for personal use. You should ensure that the e-liquids do not contain any banned substances, such as CBD oil or other prohibited ingredients, as bringing in such products could lead to severe penalties.

According to Malaysian customs regulations, travelers can import one unit of electrical goods (including vaping devices) without requiring special approval. If you plan to bring multiple units, you may need to declare them and possibly obtain necessary approvals.

It may be easier to purchase vaping products locally upon arrival in Malaysia. This way, you can explore local brands and flavors, which are often different from those available in your home country. Always adhere to local laws regarding vaping in public places, as smoking and vaping are prohibited in certain areas like restaurants and indoor venues.

Can I Vape at Malaysia Airports?

In Malaysia, vaping at airports is generally not permitted inside terminal buildings. However, there are designated smoking areas where vaping may be allowed. Vaping is prohibited within the terminal buildings of Malaysian airports, aligning with regulations that treat vaping similarly to smoking, which is also banned indoors.

Travelers can use their vape devices in designated smoking areas outside the terminals. These areas are typically clearly marked and provide a space for smokers and vapers to use their products. Each airport may have specific rules regarding where vaping is allowed, so it's advisable to look for signage or ask airport staff for guidance.

Always adhere to local laws and regulations regarding vaping, including avoiding use in prohibited areas such as restaurants or indoor public spaces. When traveling, ensure that your vape devices and e-liquids comply with security regulations. Vape devices should be carried in your hand luggage through security checks.

Where to Buy Vapes in Malaysia

Vaping is legal in Malaysia, and there are numerous vape shops available, particularly in urban areas like Kuala Lumpur. Nicotine-containing e-liquids can be purchased, but they are subject to certain regulations, including taxation and age restrictions.

Taxation and Allocation of Revenue

In March 2023, the government exempted nicotine from the Poisons Act 1952, paving the way for the taxation of electronic nicotine delivery systems (vapes and e-cigarettes). The government introduced a 40 sen per milliliter excise duty on vape liquids containing nicotine, effective from April 2023.

Current Vape Tax Structure

1. Excise Duty:
   • An excise duty of 40 sen per milliliter is imposed on vape liquids containing nicotine. This duty came into effect on May 1, 2023.
   • The excise duty applies to both nicotine and non-nicotine vape liquids, contributing significantly to the government's tax revenue from vaping products.

2. Ad-Valorem Tax:
   • A 10% ad-valorem tax is applied to both electronic and non-electronic smoking devices, including vapes. This tax has been in effect since January 1, 2021.

From 2021 to 2024, the Malaysian government collected approximately RM141.1 million in taxes from vape liquids, with a significant portion coming from both nicotine and non-nicotine products. Prime Minister Datuk Seri Anwar Ibrahim announced that half of the revenue generated from this excise tax would be allocated to the Ministry of Health.

The Malaysian government is finalizing additional regulations under the Control of Smoking Products for Public Health Act 2024 (Act 852), which will further regulate vaping products and is expected to be enforced in August 2024.

Protecting Minors from Vaping

To prevent underage access, the law requires the registration of all tobacco and vaping products. No tobacco or vaping product can be imported, manufactured, or sold unless it is registered under the Act.

Selling vaping products to minors is now a criminal offense, with offenders facing fines of up to RM20,000, a year in prison, or both. Repeat offenders can face even harsher penalties, with fines of up to RM30,000, two years in jail, or both.

Companies found guilty of selling to minors could face fines ranging from RM20,000 to RM100,000 and imprisonment of up to two years. Repeat offenses carry steeper penalties, with fines between RM50,000 and RM300,000 and up to three years in prison.

Conclusion

While vaping remains legal in Malaysia, the government has implemented strict regulations to protect public health, particularly that of minors. By introducing taxation, mandatory product registration, and severe penalties for selling to minors, the government aims to strike a balance between allowing adult use and preventing underage access to vaping products. As the long-term health effects of vaping continue to be studied, it is crucial for individuals to be aware of the potential risks and to make informed decisions about their use of these devices.