Is vaping legal in Colorado?

Yes. Vaping is legal in Colorado for adults 21+, but the state has a statewide indoor vaping ban, a 56% excise tax on the manufacturer's list price, and 14+ municipalities have banned flavored vapes. Denver's flavor ban was upheld by 71.5% of voters in November 2025.

Can you vape indoors in Colorado?

No. Colorado amended the Clean Indoor Air Act in 2019 to include electronic smoking devices. Vaping is banned in all indoor public places, workplaces, restaurants, and bars statewide. There's also a 25-foot buffer zone around building entrances. Violations carry fines up to $300 and up to 10 days imprisonment.

Are flavored vapes banned in Colorado?

Not statewide, but in 14+ municipalities including Denver (the largest). Denver voters upheld the flavor ban with 71.5% support in November 2025, with full enforcement beginning January 2026. Boulder, Aspen, Breckenridge, and many mountain towns also ban flavored vapes. Statewide flavor ban attempts have repeatedly failed.

How much is the vape tax in Colorado?

Colorado charges a 56% excise tax on the manufacturer's list price of nicotine products (through June 2027), then increasing to 62%. This was created by Proposition EE in 2020. Plus 2.9% state sales tax and local sales taxes. Colorado has one of the highest vape tax rates nationally.

What are the penalties for selling vapes to minors in Colorado?

Colorado uses escalating penalties within a 24-month window. First offense is a written warning. Second offense is a $250 fine plus a 7-day license suspension. Third offense is $500 plus 30 days. Fourth and beyond can reach $15,000 and 3-year suspensions.

Does Colorado have a military exception for vape purchases?

No. Colorado provides no military exemption to the 21+ age requirement for purchasing nicotine products. The law applies uniformly to all individuals under 21 regardless of military status, parental consent, or any other circumstances.

Can You Vape in Colorado? 2026 Laws, 56% Tax & Denver's Flavor Ban

Can You Vape in Colorado? The Short Answer

Yes, but Colorado's vaping rules are a patchwork of state and local restrictions. Here's what you need to know:

Statewide indoor vaping ban since July 2019 (25-foot buffer from entrances)
56% excise tax on manufacturer's list price (rising to 62% in July 2027)
No statewide flavor ban - But 14+ municipalities have local bans
Denver bans flavored vapes - Upheld by 71.5% of voters in 2025
21+ age requirement - No military exception
No product directory - No state approval list required
Online sales legal with age verification

Colorado is stricter than you'd expect from a libertarian-leaning state. The indoor ban, high tax, and spreading local flavor bans make it increasingly restrictive. Check our states banning vapes guide for how Colorado compares nationally.

US Vaping Laws

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See how Colorado's laws compare across all 50 states

Colorado's Vaping Laws: The Legal Framework

Colorado regulates vaping under C.R.S. Title 44, Article 7, with electronic smoking devices (ESDs) treated under the same framework as tobacco products.

Key Legislation

Law	Year	Effect
Colorado Clean Indoor Air Act (original)	2006	Statewide indoor smoking ban
HB19-1076	2019	Added vaping to Clean Indoor Air Act, eliminated exceptions, 25-foot buffer
HB20-1001	2020	Raised age to 21, established state retailer licensing
Proposition EE	2020	Created escalating nicotine tax (30% to 62%)
HB22-1064	2022	Proposed statewide flavor ban (defeated 2-5 in Senate)
SB24-022	2024	County flavor ban authority (postponed indefinitely)

Regulatory Bodies

Liquor and Tobacco Enforcement Division (LED) - Primary state regulator, licensing, compliance checks
Colorado Department of Revenue (DOR) - Excise tax collection, distributor compliance
Colorado Department of Public Health and Environment (CDPHE) - Prevention programs, public health campaigns
Local licensing authorities - Denver, Boulder, and others enforce local ordinances
FDA - Federal compliance inspections

What's Legal vs. Illegal (Statewide)

Legal:

All vaping devices (refillable, pod systems, box mods, disposables)
All flavored e-liquids (outside local flavor ban areas)
All nicotine strengths (no state cap)
Online purchases with age verification
Purchasing from licensed retailers at age 21+

Illegal:

Selling vaping products to anyone under 21
Vaping indoors in public places or workplaces (statewide)
Vaping within 25 feet of building entrances
Operating without a state retailer license
Selling flavored vapes in Denver, Boulder, Aspen, and 11+ other cities

Denver's Flavor Ban: The Biggest Local Story

Denver's flavor ban is the most impactful local regulation in Colorado and a case study in how municipal bans can reshape markets.

Timeline

Date	Event
December 17, 2024	Denver City Council votes 11-1 to ban flavored tobacco/nicotine products
March 18, 2025	Ban officially takes effect
July 1, 2025	Soft enforcement begins (advisory removal from shelves)
November 4, 2025	Referendum 310: Voters uphold the ban with 71.5% support
January 1, 2026	Full enforcement with fines begins

Spending on the Referendum

The campaign to uphold Denver's flavor ban was heavily funded:

Pro-ban side: $5.8 million (nearly $5 million from Michael Bloomberg)
Anti-ban side: ~$646,000

What Denver's Ban Covers

Banned: All flavored tobacco and nicotine products (vapes, menthol cigarettes, hookah, flavored pouches)
Allowed: Tobacco-flavored products only
Penalties: Escalating fines and license suspensions for non-compliant retailers

Other Colorado Cities with Flavor Bans

At least 14 municipalities have enacted flavor bans as of early 2026:

Aspen
Boulder
Breckenridge
Carbondale
Denver
Dillon
Eagle
Edgewater
Frisco
Glenwood Springs
Golden
Keystone
Silverthorne
Snowmass Village

Summit County towns are pushing to ban all flavors including menthol, with a January 2026 target date.

What Can You Buy in Colorado?

Statewide (Outside Flavor Ban Areas)

Colorado has no product directory and no statewide flavor ban:

Devices:

Disposable vapes (all brands)
Pod systems (SMOK, Vaporesso, Uwell, GeekVape, etc.)
Box mod kits
Rebuildable atomizers
All-in-one refillable systems

E-Liquids:

All flavors (fruit, dessert, candy, menthol, tobacco)
Freebase nicotine (all strengths)
Nicotine salt (all strengths)
All bottle sizes and PG/VG ratios

In Denver, Boulder, Aspen & Other Flavor Ban Cities

Banned: All flavored tobacco and vaping products
Legal: Tobacco-flavored products, unflavored products, all hardware

Expected Prices

Product	Price Range
Disposable vape	$14-$24
Refillable pod system	$30-$55
Box mod kit	$50-$90
30mL e-liquid	$18-$28
100mL e-liquid	$22-$36
Nicotine salt 30mL	$18-$28
Replacement coils (5-pack)	$14-$20

Colorado's 56% excise tax and local sales taxes push prices well above states with no or low vape taxes like Texas and Florida.

Where Can You Vape in Colorado?

Colorado has a statewide indoor vaping ban, enacted via HB19-1076, effective July 1, 2019.

Where Vaping Is Prohibited

All enclosed indoor workplaces
Restaurants, cafes, food courts (indoor areas)
Bars and taverns (indoor, no bar exemption)
Retail stores and shopping centers
Hotels (all rooms, the 2019 amendment eliminated designated smoking rooms)
Government buildings
Healthcare facilities and hospitals
Daycare centers and schools
Public transportation
Within 25 feet of any public building entrance

Where Vaping Is Permitted

Outdoors (beyond 25 feet from building entrances, unless local restrictions apply)
Private residences (unless used as a licensed childcare facility)
Private vehicles
Licensed tobacco/vape shops (may have designated areas)

University Campuses

University of Colorado Boulder - Tobacco and smoke-free campus including vapes
Colorado State University - Smoke/vape-free
University of Denver - Smoke/vape-free
Most Colorado universities have adopted tobacco-free campus policies that include vaping

Penalties for Violating Colorado's Vaping Laws

Retailer Violations: Underage Sales (24-month window)

Offense	Fine	Additional Penalty
1st offense	Written warning	None
2nd offense	$250	7-day license suspension
3rd offense	$500	30-day suspension
4th offense	$1,000	Up to 3-year suspension
5th+ offense	$1,000-$15,000	Up to 3-year suspension

Clean Indoor Air Act Violations

Violation	Penalty
Indoor vaping in prohibited area	Up to $300 fine, up to 10 days imprisonment

Minor Possession (Under 21)

Violation	Penalty
Purchasing or possessing nicotine products	Class 2 petty offense, $100 fine
First offense	Court may substitute tobacco education program

Enforcement Reality

Colorado law requires at least two compliance checks per retailer per year (or the federal minimum, whichever is greater)
The Liquor and Tobacco Enforcement Division (LED) and FDA both conduct independent compliance checks
Denver's flavor ban uses phased enforcement: soft enforcement from July 2025, full enforcement with fines from January 2026
Colorado youth vape at twice the national average according to CDPHE, driving aggressive enforcement attention
The public compliance database is accessible at DOR Tobacco Compliance

Taxes and Costs

Excise Tax Schedule (Proposition EE)

Period	Tax Rate
2021	30% of manufacturer's list price
2022	35%
2023	50%
2024 - June 2027	56%
July 2027 onward	62%

Additional Taxes

Tax	Rate
State sales tax	2.9%
Local/special district sales tax	Varies (1%-5% additional)
Total	56% excise + ~4%-8% sales tax

Revenue from Proposition EE funds universal preschool programs, K-12 education, housing programs, and tobacco prevention. Proposition II (2023) allowed the state to retain revenue exceeding TABOR limits.

Colorado vs. Other Mountain West States

State	Flavor Ban	Directory	Indoor Ban	Vape Tax	Age	Military Exception
Colorado	14+ cities	No	Yes (statewide)	56% MLP	21	No
Utah	No	Yes	Yes (statewide)	56% wholesale	21	No
New Mexico	No	No	Yes (statewide)	$0.50/mL	21	No
Wyoming	No	No	No statewide	None	21	No
Montana	No	No	No statewide	$0.35/mL	21	No

Colorado's combination of high taxes, statewide indoor ban, and spreading local flavor bans makes it the most restrictive mountain west state for vapers.

Nicotine Alternatives

When you can't vape (indoors at Colorado restaurants, bars, workplaces, or in Denver where flavors are restricted), these alternatives work:

Nicotine pouches (ZYN, Rogue, On!) - Legal everywhere, but subject to the 56% tax and flavor bans in some cities
Nicotine gum - Available at pharmacies and convenience stores
Nicotine lozenges - Discreet option for indoor settings
Nicotine patches - Long-lasting, no visible use

Colorado Vaping Laws: Key Takeaways

Statewide indoor vaping ban - Colorado's Clean Indoor Air Act covers vaping in all enclosed public places with a 25-foot buffer from entrances
56% excise tax - One of the highest in the nation, rising to 62% in July 2027 under Proposition EE
No statewide flavor ban - Multiple legislative attempts have failed
14+ cities ban flavored vapes - Denver (largest), Boulder, Aspen, Breckenridge, and growing
Denver voters upheld flavor ban - 71.5% voted yes on Referendum 310 in November 2025
21+ age requirement - No military or parental consent exceptions
No product directory - Colorado doesn't require products to be on a state-approved list
At least 2 compliance checks per retailer per year - Required by state law
Colorado youth vape at twice the national average - Driving aggressive legislative and enforcement attention
Local flavor bans are spreading - Summit County, Eagle, and other mountain communities are actively adopting restrictions

References

If you're traveling through Colorado, check our guide on traveling with your vape for airport rules and packing tips.

Looking for vaping laws in other states or countries? Check our complete vaping laws guide for more destinations.