MississippiCan You Vape in Mississippi? The Short Answer
Yes, vaping is legal in Mississippi for adults 21+, but the state's new ENDS Directory law has dramatically reduced what you can buy. Here's what matters:
- ENDS Directory enforced since December 2025 - Only FDA-authorized or PMTA-pending products can be sold
- No statewide indoor vaping ban - But 30+ cities have local restrictions
- No state excise tax on vapes - Only standard 7% sales tax applies
- No statewide flavor ban - But flavored products restricted to licensed specialty shops
- 21+ age requirement - No military exception
- Online sales legal with age verification and directory compliance
- Hefty penalties - $500/product/day for retailers selling non-directory products
Mississippi's ENDS Directory is the biggest story here. Passed unanimously as HB 916 in 2025, it effectively banned most disposable vapes, bottled e-liquids, and independent brands from the state. If you're visiting, expect a much narrower product selection than you might be used to. Check our states banning vapes guide for how Mississippi compares nationally.
Mississippi's Vaping Laws: How the Rules Work
Mississippi regulates vaping primarily through HB 916 (the ENDS Directory law) and existing tobacco control statutes under Mississippi Code Title 97, Chapter 32 and Title 27, Chapter 69.
Key Legislation
| Law | Year | Effect |
|---|---|---|
| Miss. Code Ann. 97-32-51 | 2013 | Defined "alternative nicotine products," set 21+ age requirement, required age verification |
| Miss. Code Ann. 97-32-9 | 2019 | Prohibited minors from purchasing, possessing, or using alternative nicotine products |
| Federal Tobacco 21 | 2019 | Raised federal minimum purchase age to 21 |
| HB 916 | 2025 | Created ENDS Directory, restricted sales to FDA-authorized/PMTA-pending products |
| HB 253 (proposed) | 2026 | Mississippi Smoke-Free Air Act (would ban indoor vaping statewide, pending) |
| SB 2139 (proposed) | 2025 | Would add 15% excise tax on vaping products (pending) |
Regulatory Bodies
- Mississippi Department of Revenue (DOR) - Manages the ENDS Directory, tobacco permits, compliance enforcement
- Mississippi State Department of Health (MSDH) - Public health campaigns, youth prevention programs
- Mississippi Attorney General's Office - Product seizure authority, enforcement actions
- Local law enforcement - Can seize and destroy non-directory products
- FDA - Federal compliance inspections, PMTA authorization
What's Legal vs. Illegal
Legal:
- Purchasing vape products at age 21+ from licensed retailers
- Products listed on the Mississippi ENDS Directory
- FDA-authorized devices (Vuse, NJOY, JUUL tobacco/menthol)
- Products with pending PMTAs under active FDA review
- Vaping outdoors statewide (unless local restrictions apply)
- Online purchases of directory-listed products with age verification
Illegal:
- Selling any vape product not on the ENDS Directory
- Selling to anyone under 21
- Minors possessing vape products on school property
- Selling flavored products without a flavored vapor license
- Selling flavored products within 1,000 feet of schools or churches (unless grandfathered)
The ENDS Directory: Mississippi's Biggest Shift
HB 916, signed by Governor Tate Reeves on March 20, 2025, passed both chambers unanimously (120-0 in the House, 48-0 in the Senate). It created a state-managed directory of vape products legally allowed for sale in Mississippi.
How It Works
Manufacturers must certify their products with the Mississippi Department of Revenue by September 1 each year. The certification must include every brand, category, name, and flavor of each ENDS product to be sold in the state.
To qualify for the directory, a product must meet one of these criteria:
- FDA Marketing Granted Order (MGO) - The product has been fully authorized by the FDA
- Pending PMTA - The product was on the market as of August 8, 2016, had a PMTA filed by September 9, 2020, and the application remains under active FDA review
- Stayed denial - The product received a Marketing Denial Order (MDO) that is currently stayed by a court or the FDA
Timeline
| Date | Milestone |
|---|---|
| March 20, 2025 | Governor signs HB 916 |
| July 1, 2025 | Law takes effect |
| September 1, 2025 | Manufacturer certification deadline |
| October 1, 2025 | ENDS Directory published on DOR Taxpayer Access Portal |
| December 1, 2025 | Full enforcement begins after 60-day retailer grace period |
What It Looks Like in Practice
The directory has eliminated most of the products that were previously available in Mississippi vape shops. Brands without FDA authorization or a pending PMTA are gone. This includes most independent e-liquid brands, nearly all disposable vapes from Chinese manufacturers, and many refillable pod systems.
What remains on shelves is heavily concentrated among a few big tobacco-affiliated brands with FDA authorization, plus products from companies with pending PMTAs.
The Nixodine Workaround
Some manufacturers have responded by reformulating products to contain Nixodine, a lab-created nicotine alternative derived from a vitamin B blend, instead of nicotine. Because the ENDS Directory law targets "electronic nicotine delivery systems," products without nicotine may fall outside its scope. Mississippi health officials have warned that Nixodine's long-term health effects are unknown, and consumers may not realize the products they're buying have changed ingredients.
What Can You Buy in Mississippi?
Available Products (On the ENDS Directory)
FDA-Authorized Devices:
- Vuse Alto and Vuse Solo (R.J. Reynolds)
- NJOY Ace and NJOY Daily (Altria)
- JUUL (tobacco and menthol flavors only)
- Logic devices (Japan Tobacco International)
PMTA-Pending Products:
- Select refillable pod systems from manufacturers with active FDA applications
- Some bottled e-liquids from companies that filed by the September 2020 deadline
- Availability varies by retailer and changes as FDA decisions are issued
Restricted Products
Flavored vapes are not banned outright but can only be sold at specialty businesses that:
- Derive at least 70% of revenue from tobacco, vapor, or CBD products
- Hold a State of Mississippi flavored vapor license
- Are not located within 1,000 feet of schools or churches (unless grandfathered)
- Employ only staff aged 21+ for flavored product handling
Products You Won't Find
- Most disposable vapes (Elf Bar, Lost Mary, Geek Bar, Puff Bar, etc.)
- Most independent bottled e-liquid brands
- Products from manufacturers that missed the PMTA filing deadline
- Products from companies that received a final FDA marketing denial
Expected Prices
| Product | Price Range |
|---|---|
| Disposable vape (directory-listed) | $8-$16 |
| Vuse Alto starter kit | $15-$25 |
| NJOY Ace device | $10-$18 |
| Replacement pods (2-pack) | $10-$18 |
| Bottled e-liquid 30mL (if available) | $15-$25 |
| Nicotine salt 30mL | $16-$26 |
| Box mod kit | $45-$80 |
| Replacement coils (5-pack) | $12-$18 |
Without a state excise tax, Mississippi's vape prices are lower than heavily taxed states like Louisiana or Colorado, though the limited product selection means less price competition.
Where Can You Vape in Mississippi?
Mississippi has no statewide indoor vaping ban. The state's Clean Indoor Air Act has not been amended to cover e-cigarettes. That said, local ordinances create a patchwork of rules depending on where you are.
Statewide Rules
Vaping is prohibited on:
- All school grounds (K-12), school buses, and school-sponsored events
- Educational property where students are present
Vaping is generally permitted in:
- Outdoor public spaces (unless local rules say otherwise)
- Private residences
- Private vehicles
- Bars and restaurants (no statewide ban, but check local rules)
- Hotels (check individual property policies)
Cities with Local Vaping Restrictions
Over 30 Mississippi cities and towns have enacted ordinances banning vaping wherever smoking is prohibited. Notable cities include:
- Oxford (home of Ole Miss)
- Starkville (home of Mississippi State)
- Tupelo
- Southaven
- Brandon
- Clinton
- Flowood
- Brookhaven
- Baldwyn
- Alligator
If you're visiting these cities, assume that vaping is banned in all indoor public places, workplaces, restaurants, and bars, similar to smoking restrictions.
Cities Without Local Restrictions
In cities that have not passed their own ordinances, there is no legal prohibition on indoor vaping in private businesses. Still, many establishments set their own no-vaping policies. When in doubt, ask before you vape indoors.
University Campuses
Mississippi's major universities have tobacco-free campus policies that include vaping:
- University of Mississippi (Ole Miss) - Tobacco-free campus
- Mississippi State University - Smoke- and tobacco-free
- University of Southern Mississippi - Tobacco-free policy
- Jackson State University - Smoke-free campus
Pending Legislation: HB 253 (2026)
A proposed Mississippi Smoke-Free Air Act (HB 253) would ban smoking and vaping in all enclosed public places and workplaces statewide. If passed, this would bring Mississippi in line with states like Colorado and Arkansas that have statewide indoor bans. As of early 2026, this bill is still moving through the legislative process.
Penalties for Violating Mississippi's Vaping Laws
ENDS Directory Violations (HB 916)
| Violation | Penalty |
|---|---|
| Retailer selling non-directory products | $500 per product per day |
| Repeat retailer violations | $750-$1,500 per product per day |
| Manufacturer enabling unauthorized sales | Up to $10,000 per product style per day |
| Non-compliant products found in store | Seizure, forfeiture, and destruction |
| Manufacturer bond requirement (out-of-state) | $25,000 surety bond |
Underage Sales Violations
| Offense | Fine | Additional Penalty |
|---|---|---|
| 1st offense | $250 | Warning |
| 2nd offense | $500 | Possible permit suspension |
| 3rd offense within 1 year | $1,000 | Permit suspension or revocation |
Minor Possession
| Violation | Penalty |
|---|---|
| Minor purchasing/possessing vape products | $100-$500 fine |
| Repeat violations | Increased fines plus community service |
| Possession on school property | School disciplinary action plus legal penalties |
Flavored Vapor License Violations
| Violation | Penalty |
|---|---|
| Selling flavored products without license | Up to $50,000 fine, license forfeiture, permanent licensing ban |
| Selling flavored products to minors after license revocation | $10,000 fine plus up to 6 months imprisonment |
| Family transfer or subletting of license | Up to $50,000 fine, permanent ban |
Enforcement Reality
Mississippi's enforcement approach shifted significantly with HB 916. Here's what actually happens on the ground:
- The DOR conducts quarterly unannounced inspections - Each retailer faces at least one compliance check per quarter
- Non-compliant retailers get follow-up checks within 30 days after any violation
- Product seizure is active - The DOR, Attorney General's Office, and local law enforcement can all seize and destroy non-directory products
- The December 2025 enforcement deadline was real - News reports confirm products were removed from shelves statewide
- Underage sales enforcement is less intensive - Most enforcement attention has shifted to directory compliance
- Local indoor vaping bans vary in enforcement - Oxford and Starkville enforce more strictly due to university presence
Taxes and Costs
Current Tax Structure
| Tax | Rate | Notes |
|---|---|---|
| State excise tax on vapes | None | Mississippi has no vape-specific excise tax |
| State sales tax | 7% | Applies to all vape purchases |
| Local sales tax | Varies | Additional 0%-1% depending on municipality |
| Manufacturer directory fee | $500/product | Annual fee per ENDS product listed |
| Manufacturer annual fee | $15,000 | Per manufacturer for directory participation |
| Wholesale tobacco permit | $100/year | Required for wholesale operations |
| Retail tobacco permit | Free | No fee for retail permits |
Proposed Tax: SB 2139
A bill introduced in the 2025 legislative session would amend Mississippi law to include electronic smoking devices in the existing 15% excise tax on tobacco products other than cigarettes. If passed, this would bring Mississippi more in line with neighboring states. As of early 2026, this bill has not been enacted.
How Mississippi Compares on Cost
Mississippi is currently one of the cheapest states in the nation for buying vape products, thanks to the absence of a state excise tax. The only cost above standard sales tax is the limited product selection driven by the ENDS Directory, which reduces competition and may keep prices slightly higher than they would be in an open market.
Mississippi vs. Neighboring States
| Feature | Mississippi | Alabama | Louisiana | Tennessee | Arkansas |
|---|---|---|---|---|---|
| Flavor Ban | No (licensed shops only) | No (specialty shops only) | No (directory limits) | No | No |
| Product Directory | Yes (Dec 2025) | Yes | Yes (VAPE Directory) | Yes (Jan 2026) | Yes |
| Indoor Vaping Ban | No statewide (30+ cities) | No statewide | No statewide (New Orleans yes) | No statewide (Nashville yes) | Yes (statewide) |
| Vape Excise Tax | None | $0.10/mL (Oct 2026) | $0.15/mL | $0.07/mL + 10% wholesale | None |
| Age | 21 | 21 | 21 | 21 | 21 |
| Military Exception | No | No | No | No | No |
| Retailer Licensing | Free permit | $1,000/year (specialty) | Required | $500/year | Required |
Mississippi stands out among its neighbors for having no excise tax and no statewide indoor ban, but its ENDS Directory enforcement is among the strictest in the region. Arkansas is the only neighboring state with a statewide indoor vaping ban.
Nicotine Alternatives
When you can't vape (indoors in Oxford or Starkville, at a university campus, or if your preferred product isn't on the ENDS Directory), these alternatives are available throughout Mississippi:
- Nicotine pouches (ZYN, On!, Rogue, Velo) - Legal everywhere, no vaping restrictions apply, widely available at convenience stores and gas stations
- Nicotine gum - Available at pharmacies, grocery stores, and convenience stores
- Nicotine lozenges - Discreet option for indoor use
- Nicotine patches - Long-lasting, no visible use, available over the counter
- Snus and dipping tobacco - Widely available throughout Mississippi (traditional tobacco state)
Nicotine pouches in particular have surged in popularity since the ENDS Directory took effect, as vapers look for alternatives when their preferred products are no longer available.
Mississippi Vaping Laws: Key Takeaways
- ENDS Directory is fully enforced - Since December 1, 2025, only FDA-authorized or PMTA-pending products can be sold in Mississippi under HB 916
- No state excise tax on vapes - Mississippi is one of the cheapest states for vaping, with only standard 7% sales tax applying
- No statewide indoor vaping ban - But over 30 cities including Oxford, Starkville, Tupelo, and Southaven have local restrictions
- 21+ age requirement - No military exception, ID verification required for anyone appearing under 30
- Flavored products restricted to specialty shops - Must hold a flavored vapor license and derive 70%+ revenue from tobacco/vapor/CBD
- Penalties are severe - $500/product/day for selling non-directory items, up to $50,000 for licensing violations
- Product selection is dramatically reduced - Most disposable brands and independent e-liquid companies are gone from Mississippi shelves
- Nixodine workaround emerging - Some products now use non-nicotine alternatives of unknown safety to sidestep directory requirements
- Quarterly compliance checks - Retailers face at least one unannounced inspection per quarter, with 30-day follow-ups after violations
- Proposed legislation could add taxes and indoor ban - SB 2139 (15% excise tax) and HB 253 (statewide indoor ban) are both pending in the 2026 session
References
- Mississippi Code Ann. 97-32-51 -- Sale of Alternative Nicotine Products
- HB 916 (2025) -- ENDS Directory Law
- Mississippi Department of Revenue -- Tobacco
If you're traveling through Mississippi, 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.