MinnesotaCan You Vape in Minnesota? The Short Answer
Yes, but Minnesota is one of the most expensive and restrictive states for vapers in the entire country. Here's what you're dealing with:
- 95% wholesale tax -- the highest vape tax in the nation
- Statewide indoor vaping ban since August 2019 under the Clean Indoor Air Act
- 21+ age requirement under the Tobacco 21 law (effective August 2020)
- No statewide flavor ban -- but 29+ municipalities have local flavor restrictions
- Minneapolis mandates $25 minimum price per vaping device (July 2025)
- Deceptive vapor products banned -- no vapes disguised as school supplies or candy
- Child-resistant packaging required on all e-liquids
Minnesota's 95% wholesale tax is the single biggest factor shaping vaping in this state. It means a bottle of e-liquid that costs $10 wholesale ends up carrying $9.50 in state excise tax before sales tax is even added. If you're coming from a low-tax state, the sticker shock is real. See how Minnesota compares nationally in our states banning vapes guide.
Minnesota's Vaping Laws: How the Rules Work
Minnesota regulates vaping products as tobacco products under the same rules as cigarettes, cigars, and smokeless tobacco. The state treats e-cigarettes as "electronic delivery devices" and subjects them to the same taxes, licensing, and use restrictions.
Key Legislation
| Law | Year | Effect |
|---|---|---|
| Minnesota Tobacco Tax (Minn. Stat. 297F) | 2010 (applied to e-cigs) | 95% wholesale excise tax on e-cigarettes and vaping products |
| MCIAA Amendment (child care/healthcare) | 2014 | E-cigarettes banned in child care and healthcare facilities |
| MCIAA Amendment (all indoor spaces) | 2019 | Vaping added to the definition of smoking statewide, effective August 1, 2019 |
| Tobacco 21 (Minn. Stat. 609.685) | 2020 | Raised purchase age to 21, effective August 1, 2020 |
| Deceptive Vapor Products (Minn. Stat. 325F.7821) | 2024 | Banned vapes that imitate candy, school supplies, or toys |
| Minneapolis $25 Minimum Price | 2025 | $25 minimum retail price per vaping device in Minneapolis |
Regulatory Bodies
- Minnesota Department of Revenue -- Excise tax collection, distributor licensing, tobacco tax compliance
- Minnesota Department of Health -- Clean Indoor Air Act enforcement, public health campaigns
- Minnesota Attorney General's Office -- Consumer protection, deceptive vapor products enforcement
- Local licensing authorities -- Cities, counties, and towns issue and enforce retail licenses
- FDA -- Federal compliance inspections for retailers
What's Legal vs. Illegal
Legal:
- All vaping devices (refillable, pod systems, disposables, box mods)
- Flavored e-liquids (except in the 29+ municipalities with local flavor restrictions)
- All nicotine strengths (no state cap)
- Purchasing at licensed retail stores (21+)
- Using vaping products outdoors in most locations
Illegal:
- Selling to anyone under 21
- Vaping indoors in any public place or workplace (unless an exempt vape/tobacco shop)
- Selling deceptive vapor products that imitate candy, school supplies, or toys
- Selling e-liquids without child-resistant packaging
- Operating a retail location without a tobacco retailer's license
Notable Local Regulations
Minnesota's 29+ municipalities with local vaping ordinances create a patchwork of rules beyond state law. Here are the most significant:
Minneapolis
| Regulation | Details |
|---|---|
| $25 minimum device price | All vaping devices must be sold for at least $25 (excludes bottled e-liquid, pods, and accessories) |
| 300-foot school buffer | No new tobacco/vape shops within 300 feet of K-12 schools or residential zones |
| Indoor vaping ban | Follows MCIAA statewide ban |
St. Paul
| Regulation | Details |
|---|---|
| Tobacco Products Shop license cap | Maximum of 15 tobacco products shop licenses citywide |
| Half-mile shop spacing | No tobacco license within 2,640 feet (half mile) of another licensed shop |
| 90% revenue requirement | Tobacco products shops must derive 90%+ of gross revenue from tobacco products |
| Parks vaping ban | Vaping banned in all city parks (not just near playgrounds) |
Other Local Restrictions
| Municipality | Restriction |
|---|---|
| Bloomington | All flavored tobacco and vaping products banned (including menthol) |
| Edina | All flavored tobacco and vaping products banned |
| Golden Valley | All flavored tobacco and vaping products banned |
| St. Louis Park | All e-cigarette sales banned entirely |
| Wheaton | All e-cigarette sales banned entirely |
If you live in or are visiting Minnesota, always check the local ordinance for your specific city or county. The state does not preempt local governments from enacting stricter rules.
What Can You Buy in Minnesota?
Minnesota does not have a product directory system like Wisconsin, so the range of available products is broader. Still, the 95% wholesale tax dramatically increases prices.
Available Product Types
- Disposable vapes -- Available but expensive due to the tax
- Pod systems (JUUL, Vuse Alto, NJOY Ace) -- Widely available at gas stations and vape shops
- Refillable devices and box mods -- Available at vape specialty shops
- Bottled e-liquids -- All flavors legal statewide (check local bans)
- Nicotine salt e-liquids -- Available in various strengths
Expected Prices (Reflecting 95% Wholesale Tax)
| Product | Estimated Price Range |
|---|---|
| Disposable vape (single) | $15 - $30+ |
| JUUL pod pack (2 pods) | $20 - $28 |
| Vuse Alto pod pack | $18 - $25 |
| Bottled e-liquid (30mL) | $18 - $35 |
| Starter kit / pod device | $25 - $55 |
| Box mod + tank | $50 - $100+ |
Prices in Minnesota are significantly higher than in neighboring states like Wisconsin ($0.05/mL tax), Iowa (no excise tax), or North Dakota (no excise tax). Many Minnesota vapers cross state lines to purchase products at lower prices, though the legal implications of re-importing taxed products are worth considering.
Minneapolis Price Floor
In Minneapolis, the $25 minimum device price (effective July 2025) means cheap disposable vapes that might sell for $8-$12 elsewhere are priced at a minimum of $25 per device. This ordinance does not apply to bottled e-liquid, pre-filled pods sold separately, or accessories.
Where Can You Vape in Minnesota?
The Minnesota Clean Indoor Air Act (MCIAA) is the central law governing where you can and cannot vape. Since August 1, 2019, vaping is treated exactly the same as smoking under this law.
Where Vaping Is Prohibited
- All indoor public places (any space between a floor and ceiling that is 50%+ enclosed)
- All indoor workplaces
- Restaurants and bars
- Government buildings (state, county, city)
- Public transportation (buses, light rail, transit stations)
- Day care and healthcare facilities (since 2014)
- Schools and charter schools (public and private)
- Minnesota State Colleges and Universities facilities
- University of Minnesota campuses
- St. Paul city parks (local ordinance)
- Minneapolis parks and recreation areas (local ordinance)
Where Vaping Is Permitted
- Outdoors -- generally allowed statewide (check local park bans)
- Private residences -- your own home
- Private vehicles -- your own car (not rideshares or public transit)
- Tobacco and vape shops -- where 90%+ of gross revenue comes from tobacco/vape products, customers may sample products
- Hotel smoking rooms -- if the hotel designates outdoor or smoking-permitted areas
MCIAA Violation Penalties
Failure to comply with the Minnesota Clean Indoor Air Act can result in fines of up to $10,000.
Penalties for Violating Minnesota's Vaping Laws
Retailer Penalties: Underage Sales (36-Month Window)
| Offense | Retailer Fine | Employee Fine | Additional Penalty |
|---|---|---|---|
| 1st violation | $300 | $50 | None |
| 2nd violation (within 36 months) | $600 | $50 | None |
| 3rd violation (within 36 months) | $1,000 | $50 | License suspension (minimum 7 days) |
| 4th+ violation (within 36 months) | $1,000+ | $50 | License revocation possible |
Other Violations
| Violation | Penalty |
|---|---|
| MCIAA indoor vaping violation | Up to $10,000 fine |
| Selling deceptive vapor products (Minn. Stat. 325F.7821) | Up to $25,000 per infraction |
| Operating without a retail license | License revocation + fines per local authority |
| Failure to display required signage | Administrative penalty per local authority |
Key Enforcement Details
- Compliance checks use persons aged 17-20 to test whether retailers verify age
- Retailers must post signage stating that selling to anyone under 21 is illegal
- The Attorney General enforces the deceptive vapor products law (secured a court order banning "High Light Vapes" in April 2025)
- Penalties target retailers and employees, not underage buyers. Minnesota does not impose criminal penalties on minors for purchasing or using tobacco products
Taxes: The 95% Wholesale Tax Explained
Minnesota's 95% wholesale excise tax is the defining feature of vaping in this state. It is the highest vape tax rate in the entire United States.
How the Tax Works
| Detail | Information |
|---|---|
| Tax rate | 95% of wholesale price |
| Who pays | Distributors (passed to retailers and consumers) |
| What's taxed | E-cigarettes, pre-filled cartridges/pods, bottled e-liquids containing nicotine |
| Authority | Minn. Stat. 297F -- Cigarette and Tobacco Taxes |
Tax Calculation Examples
| Product | Wholesale Cost | 95% Excise Tax | Pre-Retail Cost | Estimated Retail Price |
|---|---|---|---|---|
| Pod pack | $8.00 | $7.60 | $15.60 | $20 - $28 |
| 30mL e-liquid | $6.00 | $5.70 | $11.70 | $18 - $30 |
| Disposable vape | $5.00 | $4.75 | $9.75 | $15 - $25 |
| Starter kit (with pods) | $15.00 | $14.25 | $29.25 | $40 - $55 |
Additional Taxes on Top of the 95%
| Tax | Rate |
|---|---|
| State excise tax | 95% of wholesale price |
| State sales tax | 6.875% |
| Local sales tax | Varies (additional 0.5% - 2%+ depending on city/county) |
| Total effective tax burden | Roughly doubles the wholesale cost before retail markup |
Tax on Starter Kits
For vaping starter kits that include both a device and nicotine solution:
- If the distributor sells the nicotine solution separately and can isolate its cost, the 95% tax applies only to the solution component
- If the solution is not sold separately, the 95% tax applies to the entire kit's wholesale price
Why It Matters
A 2020 study published in the National Bureau of Economic Research found that Minnesota's 95% vape tax deterred approximately 32,400 smokers from switching to vaping. The tax was originally applied to e-cigarettes in 2010, making Minnesota one of the earliest states to tax vaping products.
Minnesota vs. Neighboring States
| Feature | Minnesota | Wisconsin | Iowa | North Dakota | South Dakota |
|---|---|---|---|---|---|
| Vape Tax | 95% wholesale | $0.05/mL | None | None | None |
| Indoor Ban | Yes (statewide) | No statewide | Partial (state buildings + local) | Yes (statewide) | Yes (statewide) |
| Flavor Ban | 29+ local bans | No | No | No | No |
| Purchase Age | 21 | 21 (federal) | 21 | 21 | 21 |
| Product Directory | No | Yes (~284 products) | Yes (enjoined) | No | No |
| Online Sales | Restricted | Allowed (directory only) | Restricted | Allowed | Banned (direct-to-consumer) |
| Minimum Price | $25 (Minneapolis) | None | None | None | None |
Minnesota stands out among its neighbors primarily because of the 95% wholesale tax. While North Dakota and South Dakota have statewide indoor vaping bans, neither imposes any excise tax on vaping products. Wisconsin has a vape tax, but at $0.05 per mL it is one of the lowest in the nation. Iowa has no statewide vape excise tax at all.
If you're traveling to or from Minnesota, the price difference on vaping products is immediately noticeable at the border.
Nicotine Alternatives
When you can't vape (indoors at Minnesota restaurants, bars, workplaces, or anywhere the Clean Indoor Air Act applies), these alternatives work:
- Nicotine pouches (ZYN, Rogue, On!) -- Legal everywhere, discreet, no vapor. Note: subject to Minnesota's 95% wholesale tax as a tobacco product
- Nicotine gum -- Available at pharmacies and convenience stores without the tobacco excise tax
- Nicotine lozenges -- Discreet for indoor settings, sold over the counter
- Nicotine patches -- Long-lasting, no visible use, available at pharmacies
Minnesota Vaping Laws: Key Takeaways
- 95% wholesale tax is the highest in the nation -- Minnesota's excise tax nearly doubles the wholesale cost of every vaping product before retail markup and sales tax
- Statewide indoor vaping ban -- The Minnesota Clean Indoor Air Act treats vaping the same as smoking in all indoor public places and workplaces since August 2019
- 21+ purchase age -- Minnesota's Tobacco 21 law has been in effect since August 1, 2020, with penalties targeting retailers, not minors
- No statewide flavor ban -- But 29+ municipalities have enacted local flavor restrictions, including Bloomington, Edina, and Golden Valley
- Minneapolis $25 minimum device price -- The highest minimum price for a vaping device in the country, effective July 2025
- Deceptive vapor products are banned -- Vapes disguised as highlighters, candy, or school supplies are illegal under Minn. Stat. 325F.7821
- Two cities have banned all e-cigarette sales -- St. Louis Park and Wheaton have completely prohibited vape sales
- Retailer fines start at $300 -- Escalating to $1,000 with license suspension for repeat underage sales within 36 months
- No product directory system -- Unlike Wisconsin, Minnesota does not restrict sales to a state-approved list of products
- Vape shop sampling is allowed -- Tobacco and vape shops where 90%+ of revenue comes from tobacco products may allow customer sampling
References
- Minnesota Clean Indoor Air Act: Electronic Cigarettes -- Minnesota Department of Health
- Cigarette and Tobacco Taxes -- Minnesota Department of Revenue
If you're traveling through Minnesota, 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.