What vapes are legal in North Carolina in 2026?

Only vaping products listed on the NC Department of Revenue's Vapor Products Directory are legal to sell. Since HB 900 took effect July 1, 2025, approximately 800 products remain on the directory after about 7,000 were removed for non-compliance. Major brands like NJOY, Vuse, and JUUL are available.

Is there a flavor ban in North Carolina?

No, North Carolina has no explicit flavor ban. However, the directory system limits what's available because many flavored product manufacturers haven't applied or been approved. Some flavored products from major brands remain on the directory.

How much does a vape retailer license cost in NC?

North Carolina requires a vapor products retailer license at $10 per location. This is one of the lowest retailer licensing fees in the country. Retailers must also comply with directory requirements and age verification.

Can you vape indoors in North Carolina?

North Carolina has NO statewide indoor vaping ban. The state's Clean Indoor Air Act covers cigarettes but does not include vaping products. However, many local municipalities, businesses, and some counties have enacted their own indoor vaping restrictions.

What is the vaping age in North Carolina?

North Carolina state law sets the tobacco/vape purchase age at 18, but federal T21 law requires buyers to be 21+. The proposed "Solly's Law" would align state law with the federal age of 21, but has not yet passed.

What happened to all the vapes that were removed from NC's directory?

Approximately 7,000 products were removed from the NC DOR Directory for failing to meet compliance requirements, primarily lacking FDA PMTA authorization or pending applications. Retailers had a transition period to sell remaining inventory before enforcement began.

What Vapes Are Legal in NC? 2026 North Carolina Laws & Approved Device Guide

What Vapes Are Legal in NC? The Short Answer

Only vaping products on North Carolina's DOR Vapor Products Directory are legal to sell. Since July 1, 2025, the state has dramatically reduced available products:

~800 products remain on the directory after ~7,000 were removed
No explicit flavor ban but directory limits available options
No statewide indoor vaping ban (local rules vary widely)
$0.05/mL tax on e-liquid
Federal age of 21+ applies (state still says 18, "Solly's Law" pending)
Retailer license only $10/location
Brands available: NJOY, Vuse, JUUL, Logic and select others

North Carolina's directory reduced the vaping market by approximately 90% overnight, eliminating most disposable brands and smaller e-liquid companies.

North Carolina's Vaping Laws: The Legal Framework

North Carolina enacted its vaping directory through HB 900, fundamentally changing the state's vape retail market.

Key Legislation

Law	Year	Effect
SB 328	2013	Defined vapor products, set age to 18
Federal T21	2019	Federal age raised to 21 (supersedes state)
HB 900	2024	Created NC DOR Vapor Products Directory
Directory enforcement	July 1, 2025	Retailers restricted to listed products
"Solly's Law"	Pending	Would align state age to 21

How the NC Directory Works

The North Carolina Department of Revenue (NC DOR) maintains the Vapor Products Directory:

Manufacturers submit applications with product details and FDA status
NC DOR reviews compliance with federal and state law
Products with FDA PMTA authorization or pending applications are prioritized
Directory is published and updated regularly
Products failing review are removed (this is how ~7,000 were eliminated)
Retailers must verify products are listed before selling

What's Legal vs. Illegal

Legal:

Products on the NC DOR Vapor Products Directory
Purchasing from licensed retailers (21+)
Possessing any vaping product for personal use
Operating a vape retail business with a $10 license
All flavors IF the product is on the directory

Illegal:

Selling products NOT on the directory
Selling to anyone under 21 (federal)
Operating without a retailer license
Distributing unregistered products in NC

What Can You Buy in North Carolina?

Products on the Directory (~800 as of January 2026)

The directory includes products from manufacturers with FDA engagement:

Available Brands:

NJOY - Ace, Daily (tobacco, menthol, select flavors)
Vuse - Alto, Ciro (tobacco, menthol, golden tobacco)
JUUL - Virginia Tobacco, Menthol pods
Logic - Power, Pro (tobacco, menthol)
Select smaller brands with PMTA submissions

Product Types:

Closed pod systems
Select disposables from approved manufacturers
Replacement pods and cartridges
Some open-system e-liquids from compliant manufacturers

The 7,000 Product Removal

When NC DOR reviewed the full directory in mid-2025:

~7,800 products were originally listed
~7,000 removed for lacking FDA authorization or pending PMTA
~800 remained after the review
Removal affected primarily Chinese-manufactured disposables and small e-liquid brands
Retailers were given a sell-through period for existing inventory

Flavor Availability

Unlike California, NC has no flavor ban. Available flavors depend on what's on the directory:

Flavor Category	Availability
Tobacco	Widely available
Menthol	Available (multiple brands)
Mint	Limited availability
Fruit	Very limited (some Vuse options pending)
Dessert/Candy	Minimal to none on directory
Unflavored	Available from some manufacturers

Where Can You Vape in North Carolina?

North Carolina's Clean Indoor Air Act does NOT cover vaping products, making it one of the more permissive states for vapers.

Statewide Rules

No statewide indoor vaping ban
The NC Clean Indoor Air Act (GS 130A-491 through 130A-498) only covers "smoking" which does not include vaping by definition
State government buildings generally prohibit vaping through administrative policy
Individual businesses set their own policies

Local Ordinances

Some NC municipalities have enacted their own indoor vaping restrictions:

Municipality	Restriction
Chapel Hill	Indoor ban in public places
Carrboro	Indoor ban aligned with smoking
Durham	Partial indoor restrictions
Orange County	Indoor ban in county buildings
Wake County	County facilities only

Most major cities (Charlotte, Raleigh, Greensboro, Winston-Salem) do NOT have comprehensive indoor vaping bans at the municipal level.

Where Vaping Is Generally Permitted

Most indoor businesses (unless posted otherwise)
Outdoors statewide
Private residences
Bars and restaurants (unless business policy prohibits)
Private vehicles
Vape shops (including sampling)
Hotels with smoking rooms

Common Business Policies

While legally permitted, many businesses voluntarily prohibit vaping:

Most chain restaurants and stores ban indoor vaping
Malls generally prohibit it
Movie theaters prohibit it
Hospitals and medical facilities ban it
Universities typically ban it on campus

Penalties for Violating North Carolina's Vaping Laws

Retailer Penalties

Violation	Penalty
Selling non-directory product	$500 per violation (first offense)
Repeat non-directory sales	$1,000-$5,000 per violation
Operating without license	$100-$500
Selling to minors	$250 (first), up to $2,500 (repeat)
Failure to verify age	$250 per occurrence

Consumer Penalties

Violation	Penalty
Minor purchase attempt	$25 fine or community service
Minor possession	Not criminalized (no penalty)
Using a fake ID	Class 1 misdemeanor

Enforcement Reality

North Carolina's enforcement is focused primarily on retailers:

NC DOR conducts compliance checks
Local law enforcement handles age verification stings
Most enforcement resources target directory compliance
Consumer possession is not a focus
The $10 license fee means most shops are registered

Taxes and Costs

North Carolina has a relatively low vape tax compared to other states with directory systems.

Tax Breakdown

Tax	Rate
State excise tax	$0.05 per mL of e-liquid
State sales tax	4.75%
Local sales tax	2-2.75% (varies by county)
Total on a 30mL bottle	$1.50 excise + ~7% sales tax

Expected Prices

Product	Price Range
JUUL pod pack (2 pods)	$14-$20
Vuse Alto pod pack	$12-$18
NJOY Daily disposable	$7-$11
NJOY Ace pod pack	$10-$16
Logic Pro capsule	$9-$14
30mL e-liquid (if available)	$15-$25

Prices in North Carolina are moderate, with the low excise tax offset somewhat by sales tax.

North Carolina vs. Other Southeast States

State	Directory	Flavor Ban	Indoor Ban	Vape Tax	Age
North Carolina	Yes (~800 products)	No	No statewide	$0.05/mL	21 (federal)
Virginia	No	No	Yes (partial)	$0.066/mL	21
South Carolina	No	No	No statewide	No excise	21
Georgia	No	No	Yes (partial)	$0.05/mL	21
Tennessee	No	No	No statewide	No excise	21
Florida	Yes (banned list)	No	Yes	No excise	21

North Carolina is unique in the Southeast for its directory system, but maintains a permissive approach to indoor use and keeps taxes low.

North Carolina Vaping Laws: Key Takeaways

Directory system controls the market - Only ~800 products on the NC DOR directory are legal to sell
~7,000 products were removed - Massive reduction when directory was enforced July 2025
No flavor ban - Flavored products are legal if they're on the directory
No statewide indoor ban - One of few states where indoor vaping is not banned by default
Low retailer licensing - Only $10 per location to operate legally
Low tax rate - $0.05/mL puts NC among cheaper states for vapers
Federal age 21 applies - State law says 18, federal says 21, federal wins
"Solly's Law" pending - Would officially raise state age to 21
Major brands available - NJOY, Vuse, JUUL, Logic all on directory
Most disposable brands gone - Elf Bar, Lost Mary, Geek Bar, and similar are not listed

References

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