From the historic streets of Charleston to the vibrant Grand Strand, South Carolina has developed a unique and evolving regulatory landscape for vaping products. As of 2025, with new legislation like Senate Bill 287 under consideration, the rules governing e-cigarettes, vape pens, and e-liquids are in a state of transition. This guide provides an in-depth look at South Carolina's current vaping laws, unpacking the details of what's legal, what's changing, and what consumers, retailers, and manufacturers need to know to ensure compliance in the Palmetto State.
Yes, vaping is legal for adults aged 21 and over in South Carolina. However, the state has implemented specific laws governing the sale, possession, and use of these products, with significant new regulations regarding product certification currently pending in the legislature.
At the core of South Carolina's approach to vaping is a clear legal definition that brings these products under tobacco control measures, alongside unwavering age limits for purchase and possession.
South Carolina law provides a broad definition to ensure comprehensive regulatory coverage. An "electronic smoking device" is defined as "any device that may be used to deliver any aerosolized or vaporized substance, including e-liquid, to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, vapor product, or e-hookah"5. This definition ensures that nearly all vaping devices and consumables fall under state regulatory control.
South Carolina aligns with federal "Tobacco 21" law, making it illegal to sell, furnish, give, distribute, or provide tobacco products, alternative nicotine products, or vapor products to anyone under the age of 21. The state raised its minimum purchasing age from 18 to 21 to comply with the federal standard enacted in December 2019. Under South Carolina Code Section 16-17-500, it is also unlawful for any person under 21 to buy or possess these products.
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 photo identification. Penalties for selling to minors are significant, with fines for first-time offenders ranging from $200 to $300, and subsequent violations resulting in fines between $300 and $500.
One of the most important aspects of South Carolina's vaping laws is the regulation of public use, which relies heavily on local governance.
South Carolina's statewide Clean Indoor Air Act of 1990, which prohibits smoking in most public indoor places, has NOT been amended to include vaping products. This means there is no statewide ban that automatically prohibits vaping in all the same places where smoking is banned, such as restaurants, bars, and private workplaces. In areas without stricter local ordinances, individual businesses can choose to allow or prohibit vaping indoors.
However, state law does prohibit vaping in at least one specific type of location: ambulances.
Because the state's Clean Indoor Air Act does not cover vaping, many local municipalities and counties have passed their own, often stricter, ordinances. This has created a "patchwork" of regulations across South Carolina. Many communities have passed local laws that do prohibit vaping wherever smoking is banned. Cities that have enacted such comprehensive public vaping restrictions include:
These local bans typically cover restaurants, bars, and other public establishments. The key takeaway for vapers is to always look for local signage and be aware of specific city or county ordinances, as these can be more restrictive than statewide provisions.
The sale of vaping products in South Carolina is a regulated activity, with specific requirements for licensing and sales practices.
South Carolina's licensing requirements for vaping retailers are currently in a state of transition. Traditionally, the state has required cigarette and tobacco product licenses for certain businesses, such as wholesalers and vending machine operators, at no cost from the South Carolina Department of Revenue. However, manufacturers, wholesalers, and retailers who distribute and sell only vape and ENDS products have not historically been required to obtain these specific tobacco licenses. Instead, they operate under general retail licenses and must notify the Department of Revenue of their tobacco/vape sales, with failure to do so potentially resulting in fines up to $2,000.
Recent legislative proposals have sought to establish more comprehensive licensing requirements specifically for vaping products, including annual renewal fees and enhanced employee training requirements.
As of mid-2025, South Carolina does not impose a specific state excise tax on vaping products, unlike many other states. Vaping products are subject to the standard state sales tax (currently 6%, plus any applicable local taxes), but they are not taxed at a higher "sin tax" rate like traditional cigarettes. This lack of a specific vaping tax has been a topic of legislative debate, but no such tax has been enacted to date.
Read more:Vaping Taxes by State in the United States 2025
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.
The most significant potential change to South Carolina's vaping landscape is Senate Bill 287 (S.287), which would create a state-level PMTA registry system for approved vaping products.
This legislation, which passed the Senate with strong bipartisan support (38-2) in March 2025, would fundamentally alter how vaping products are regulated. If enacted, it would:
Despite passing the Senate, the bill has faced delays in the House, with debate adjourned until January 2026. The bill has been met with opposition from consumer advocacy groups like CASAA, who characterize it as a "Big Tobacco Protection Act" that would benefit large tobacco companies whose products have already received FDA authorization, while harming independent vape shops.
South Carolina's vaping laws in 2025 represent a regulatory framework in transition. If this PMTA registry law is eventually passed by the House and signed into law, it will dramatically restrict the variety of products available, effectively creating a de facto ban on most flavored and disposable vapes that lack FDA authorization. For consumers, retailers, and manufacturers, closely monitoring the progress of this legislation is paramount to understanding the future of the vaping market in South Carolina.
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