KentuckyCan You Vape in Kentucky? The Short Answer
Yes, but only FDA-authorized products. Kentucky's vaping market changed dramatically in 2025:
- FDA-authorized products only - HB 11 restricts sales to products with FDA marketing authorization or pending PMTA (effective January 1, 2025)
- $500 retailer license required - SB 100 mandates all vape retailers hold a state license through the Department of Alcoholic Beverage Control (effective January 1, 2026)
- No statewide indoor vaping ban - Clean Indoor Air Act does not cover vaping
- Louisville, Lexington, and other cities ban indoor vaping - Local ordinances fill the gap
- 21+ age requirement - No military exception
- $1.50/cartridge excise tax on closed systems, 15% of distributor price on open systems
- No explicit flavor ban - But FDA-only rule eliminates most flavored products
Kentucky is in a unique position. The birthplace of burley tobacco is cracking down hard on vaping products while still lacking a statewide indoor ban. For a broader view of how states are restricting vapes, see our states banning vapes guide.
Kentucky's Vaping Laws: How the Rules Work
Kentucky regulates vaping through several chapters of the Kentucky Revised Statutes (KRS), primarily under Chapter 438. Two landmark laws in 2024 and 2025 reshaped vaping rules across the state.
Key Legislation
| Law | Year | Effect |
|---|---|---|
| KRS 438.305-438.340 | Various | Core definitions for vapor products, age restrictions, sales prohibitions |
| KRS 138.140 | 2020 | Established excise taxes on closed and open vapor systems |
| House Bill 11 | 2024 (effective Jan 1, 2025) | Restricts sales to FDA-authorized/PMTA-pending products, creates product directory |
| Senate Bill 100 | 2025 (effective Jan 1, 2026) | $500 annual retailer license, enforcement through ABC, graduated penalties |
| Executive Order (2014) | 2014 | Banned vaping on all Executive Branch properties |
Regulatory Bodies
- Kentucky Department of Alcoholic Beverage Control (ABC) - Retailer licensing, compliance checks, enforcement of SB 100
- Kentucky Secretary of State - Maintains the vapor product directory under HB 11
- Kentucky Department of Revenue - Excise tax collection on vapor products
- Local health departments - Enforce local smoke-free/vape-free ordinances
- FDA - Federal compliance inspections, product authorization
HB 11: The FDA-Only Rule
House Bill 11 is the single biggest change to Kentucky's vaping market. Here is how it works:
- Only "authorized products" can be sold - A product must have FDA marketing authorization or a pending premarket tobacco application (PMTA) with "safe harbor" certification
- The Secretary of State maintains a directory - Retailers and wholesalers must verify products are listed before selling
- Wholesalers must check the database - Before any transaction with a retailer, wholesalers must verify compliance
- Very few products qualify - Only four companies (JUUL, Logic, NJOY, and R.J. Reynolds) have received FDA marketing authorization, and nearly all approved products are tobacco- or menthol-flavored
The law was challenged in court by vape shop owners, the Kentucky Hemp Association, and the Kentucky Smoke-Free Association, who argued it was unconstitutional. In August 2024, a Franklin Circuit Judge dismissed the challenge, and the law took full effect on January 1, 2025.
SB 100: The Licensing Law
Senate Bill 100, signed by Governor Beshear on March 24, 2025, created a new licensing system:
- $500 annual license required for all tobacco, nicotine, and vapor product retailers
- Administered by ABC through its Online Licensing Portal
- Provisional licenses issued to retailers who applied before the January 1, 2026 deadline
- Unannounced compliance checks authorized to verify age compliance and product legality
- Consumer complaint investigation team created under ABC
- A portion of fines goes to youth vaping prevention programs
Tobacco State Context: Kentucky's Complicated Relationship with Vaping
Kentucky's approach to vaping cannot be understood without its tobacco heritage. This is a state where burley tobacco was once the economic backbone of entire communities.
The Tobacco Legacy
- Kentucky was historically the number one or two tobacco-producing state in the nation
- At peak production, over 74,000 farms grew tobacco in the early 1980s
- By 2017, only 2,618 farms remained in tobacco production after the federal price-support buyout in 2004
- The 2021 crop still brought in an estimated $258 million in revenue
- Kentucky currently has the fourth-highest adult smoking rate in the nation at 17.4%, behind West Virginia, Arkansas, and Tennessee
- The state has the highest rates of lung cancer and lung-cancer deaths in the country
How Tobacco Heritage Shapes Vaping Policy
The tobacco industry's influence on Kentucky politics created a paradox for vaping regulation:
- Preemption laws - The tobacco industry historically pushed for state preemption of local regulations in Kentucky, which is why many cities had to fight for their own smoke-free ordinances
- Industry-backed vaping restrictions - HB 11 received backing from traditional tobacco companies, since it effectively limits competition to the few companies with FDA authorization (JUUL, Logic, NJOY, R.J. Reynolds), all with ties to big tobacco
- No statewide indoor ban - Kentucky is one of the few states that hasn't included vaping in its statewide Clean Indoor Air Act, reflecting the tobacco industry's longstanding resistance to indoor smoking bans
- Economic tension - An estimated 130 small vape businesses faced closure and nearly 1,000 jobs were at risk when HB 11 took effect, while traditional tobacco retail remained unaffected
The American Lung Association has consistently given Kentucky failing grades for tobacco prevention and control efforts, calling the state's approach inadequate despite recent legislative action on vaping.
What Can You Buy in Kentucky?
Available Products (FDA-Authorized Only)
Since HB 11 took effect, the Kentucky market is limited to products with FDA authorization or safe harbor certification:
Authorized brands:
- NJOY - ACE pods (tobacco, menthol), DAILY disposables (tobacco, menthol)
- Vuse (R.J. Reynolds) - Alto pods (tobacco, menthol)
- Logic - Certain products with FDA authorization
- JUUL - Tobacco- and menthol-flavored pods
What is NOT available:
- Flavored disposables (fruit, candy, dessert, beverage flavors)
- Most independent e-liquid brands
- Non-PMTA devices from Chinese manufacturers
- Any product not listed in the state directory
Expected Prices
| Product | Price Range |
|---|---|
| FDA-authorized disposable (NJOY DAILY) | $8 - $12 |
| FDA-authorized pod system (NJOY ACE, Vuse Alto) | $15 - $30 |
| Replacement pods (2-pack, authorized) | $10 - $18 |
| Open system e-liquid (if safe harbor certified) | $15 - $25 |
| Refillable pod system (authorized) | $20 - $40 |
| Nicotine pouches (ZYN, On!) | $4 - $6 |
Prices reflect the limited competition in Kentucky's market. With only a handful of authorized brands, expect higher prices than neighboring states with more open markets.
Where Can You Vape in Kentucky?
Kentucky does not have a statewide indoor vaping ban. The state's Clean Indoor Air Act has not been amended to include vapor products, which makes Kentucky one of the more permissive states for indoor vaping at the state level. Local rules vary a lot, though.
Where Vaping Is Prohibited
- All Executive Branch properties - State buildings, land, and vehicles owned, leased, or contracted for state use
- Schools - All school property, school vehicles, school-related trips and activities
- Louisville - All indoor public places and worksites (Smoke-Free Ordinance includes electronic smoking devices)
- Lexington - Indoor public places where smoking is prohibited
- Other cities with local bans - Bardstown, Berea, Danville, Glasgow, Hardin County, Manchester, Morehead, Richmond, Versailles, Woodford County
- State parks, fairgrounds, and highway rest areas
- Healthcare facilities and veterans' facilities
Where Vaping Is Permitted (Statewide)
- Private residences
- Private vehicles
- Outdoors (in most areas, unless local rules apply)
- Businesses without local ordinances - In cities without smoke-free ordinances covering vaping, private businesses set their own policies
- Bars and restaurants - In areas without local vaping bans, these venues decide their own policies
Louisville's Rules
Louisville Metro has the strictest local vaping restrictions in Kentucky:
- Indoor ban covers all public places and worksites, including bars and restaurants
- $10 annual local license required for all tobacco and electronic smoking device retailers (since January 1, 2022)
- 1,000-foot buffer zone - No new tobacco/vape businesses within 1,000 feet of facilities serving children (libraries, community centers, etc.)
- Minors prohibited from entering vape shops and hookah bars
Lexington's Rules
Lexington-Fayette County includes vaping in its smoke-free ordinance:
- Vaping is prohibited wherever smoking is prohibited in indoor public places
- Some exceptions may apply for bars and restaurants depending on the specific ordinance provisions
Penalties for Violating Kentucky's Vaping Laws
Underage Sales Penalties (SB 100)
For the sales clerk:
| Offense | Penalty |
|---|---|
| Any violation | $100 fine per incident |
For the store owner:
| Offense | Penalty |
|---|---|
| First offense | Written notice (warning) |
| Second offense | $500 fine |
| Third offense | $1,000 fine |
| Fourth offense | License revocation, cannot reapply for 2 years |
Selling Without a License
| Offense | Classification | Penalty |
|---|---|---|
| First offense | Class B misdemeanor | Up to 90 days jail, up to $250 fine |
| Second offense | Class A misdemeanor | Up to 12 months jail, up to $500 fine |
| Third+ offense | Class D felony | 1-5 years imprisonment |
Underage Purchase/Possession
| Violation | Penalty |
|---|---|
| Purchase or possession under 21 | Tobacco cessation program or community service |
| Use of fake ID to purchase | Additional penalties may apply |
HB 11 Product Violations
| Violation | Penalty |
|---|---|
| Selling non-authorized vapor products | $1,000 - $5,000 fine |
| Repeat product violations | License suspension or revocation |
Taxes and Costs
Vapor Product Tax Breakdown
Kentucky established its vapor product excise taxes effective August 1, 2020:
| Tax Type | Rate | Applies To |
|---|---|---|
| Closed system excise tax | $1.50 per cartridge | Pre-filled pods, disposable devices |
| Open system excise tax | 15% of distributor sale price | Refillable e-liquids, bottled juice |
| State sales tax | 6% | All vapor products |
| Cigarette excise tax (comparison) | $1.10 per pack | Cigarettes |
How Kentucky's Vape Tax Compares
Kentucky's hybrid approach (a flat per-cartridge fee for closed systems and a percentage-based tax for open systems) is relatively moderate nationally. The $1.50 per cartridge rate is higher than Ohio's $0.10/mL but lower than states like Pennsylvania ($0.40/mL). The 15% wholesale rate on open systems is moderate compared to Michigan's 32% wholesale rate.
Retailer License Fees
| License | Fee | Frequency |
|---|---|---|
| State vape/tobacco retailer license (SB 100) | $500 | Annual |
| Louisville Metro local license | $10 | Annual |
Kentucky vs. Neighboring States
| Feature | Kentucky | Tennessee | Virginia | Ohio | Indiana | West Virginia |
|---|---|---|---|---|---|---|
| Indoor Ban | No statewide (local only) | Statewide | No statewide | Yes (statewide) | Limited | No statewide |
| Flavor Ban | De facto (FDA-only) | No | De facto (directory) | Columbus only | No | No |
| Product Directory | Yes (HB 11) | Yes (SB 763) | Yes (blocked by court) | No | No | No |
| Vape Tax | $1.50/cart + 15% open | $0.07/mL + 10% open | $0.11/mL | $0.10/mL | None | $0.075/mL |
| Minimum Age | 21 | 21 | 21 (military exception at 18) | 21 | 21 | 21 |
| Retailer License | $500/yr | Required | Required | Required | Required | Required |
| Online Sales | Legal (age verified) | Legal (age verified) | Banned | Legal (age verified) | Legal | Legal |
Kentucky's FDA-only product rule puts it among the most restrictive states for product availability. While Virginia has a similar directory, a federal court injunction has blocked enforcement there. Kentucky's HB 11 survived its legal challenge and is fully in effect.
Nicotine Alternatives
When you cannot vape (whether you are in a Louisville restaurant, a state office building, or just struggling to find FDA-authorized products you like), these alternatives are available:
- Nicotine pouches (ZYN, On!, Rogue) - Widely available, no restrictions on indoor use, all flavors legal
- Nicotine gum - Available at pharmacies and convenience stores
- Nicotine lozenges - Discreet option for any setting
- Nicotine patches - Long-lasting, no visible use
- Heated tobacco products (IQOS) - FDA-authorized, though limited availability
Nicotine pouches have become especially popular in Kentucky since HB 11 took effect, as they are not subject to the same FDA-authorization restrictions that limit the vaping market.
Kentucky Vaping Laws: Key Takeaways
- FDA-authorized products only - HB 11 restricts Kentucky retailers to selling vaping products with FDA marketing authorization or pending PMTA safe harbor certification, effective January 1, 2025
- $500 annual retailer license required - SB 100 mandates all vape retailers obtain a license through ABC, effective January 1, 2026, with criminal penalties for operating without one
- No statewide indoor vaping ban - Kentucky's Clean Indoor Air Act does not cover vaping, but Louisville, Lexington, and over a dozen other cities have local bans
- De facto flavor ban - While Kentucky has no explicit flavor ban, the FDA-only rule eliminates most flavored products since nearly all authorized products are tobacco- or menthol-flavored
- Tobacco state paradox - Kentucky's HB 11 was backed by traditional tobacco companies and primarily restricts independent vape businesses, not big tobacco's authorized products
- Graduated penalty system - Penalties for underage sales escalate from warnings to $1,000 fines to license revocation on the fourth offense, with a two-year reapplication ban
- Selling without a license can become a felony - Third and subsequent offenses for unlicensed sales are classified as Class D felonies carrying 1-5 years imprisonment
- Hybrid excise tax - $1.50 per closed vapor cartridge and 15% of distributor sale price on open systems, plus 6% state sales tax
- Louisville is the strictest city - Full indoor vaping ban, $10 local license, 1,000-foot buffer zones from children's facilities, and minors banned from vape shops
- Legal challenges failed - A constitutional challenge to HB 11 was dismissed in August 2024, and the law is fully enforceable with no pending injunctions
References
- Kentucky Revised Statutes Chapter 438 - Offenses Against Public Health and Safety
- Kentucky Department of Revenue - Tobacco and Vapor Products Tax
If you are traveling through Kentucky, 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.