Is vaping legal in Ohio?

Yes. Vaping is legal in Ohio for adults 21+. The state has a statewide indoor vaping ban under the Smoke-Free Workplace Act, a $0.10/mL excise tax, and no statewide flavor ban. However, Columbus and other cities have enacted local flavor restrictions.

Can you vape indoors in Ohio?

No. Ohio amended its Smoke-Free Workplace Act in 2021 to include electronic smoking devices and vapor products. Vaping is banned in all enclosed indoor workplaces, restaurants, bars, and public spaces. Exceptions include retail tobacco/vape shops, private clubs, and up to 20% of hotel rooms.

Are flavored vapes legal in Ohio?

It depends on where you are. Ohio has no statewide flavor ban, so flavored vapes are legal across most of the state. However, Columbus banned flavored tobacco products including vapes effective January 2024, and other cities may follow after a 2025 appeals court ruling upheld local authority.

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

A first offense is a fourth-degree misdemeanor with up to 30 days jail and a $250 fine. Subsequent offenses escalate to third-degree misdemeanors with up to 60 days jail and $500 fines. The retail establishment faces separate fines starting at $2,000.

How much are vapes taxed in Ohio?

Ohio charges a $0.10 per milliliter excise tax on vapor product liquid, plus 5.75% state sales tax. With local sales taxes, the combined rate ranges from 6.50% to 8.00% depending on your county. Governor DeWine has proposed doubling the excise tax to $0.20/mL.

Does Ohio have a vape product directory?

No. Unlike states such as Wisconsin and North Carolina, Ohio does not have a state-level vaping product directory or registry system. However, the city of Heath passed a local ordinance in 2025 requiring retailers to sell exclusively FDA-authorized vaping products.

Can You Vape in Ohio? 2026 Laws, Indoor Ban & Columbus Flavor Restrictions

Can You Vape in Ohio? The Short Answer

Yes, with moderate restrictions. Ohio has a regulated but accessible vaping market:

Statewide indoor vaping ban under the Smoke-Free Workplace Act (since 2021)
No statewide flavor ban - All flavors legal in most of the state
Columbus bans flavored vapes - Local flavor restrictions allowed after court ruling
$0.10/mL excise tax on vapor product liquid
21+ age requirement - No military exception
No product directory - No state approval list required
Self-service displays banned - Products require employee assistance

Ohio sits in the middle of the pack nationally. It's stricter than Texas and Florida on indoor vaping, but way more permissive than states with flavor bans or product directories. See our states banning vapes guide for a full comparison.

US Vaping Laws

View Interactive US Map

See how Ohio's laws compare across all 50 states

Ohio's Vaping Laws: The Legal Framework

Ohio regulates vaping across several chapters of the Ohio Revised Code. Enforcement is split between state and local agencies.

Key Legislation

Law	Year	Effect
Smoke-Free Workplace Act (Issue 5)	2006	Statewide indoor smoking ban (voter-approved)
HB 166	2019	Raised age to 21, imposed $0.10/mL excise tax, created distributor licensing
HB 110	2021	Added vaping to Smoke-Free Workplace Act
HB 33 (budget)	2023	State preemption of local tobacco regulations (vetoed, then overridden)
SB 100	2025	Updated definitions for vapor products, vending machine rules

Regulatory Bodies

Ohio Department of Health - Smoke-Free Workplace enforcement
Ohio Department of Taxation - Excise tax collection, distributor licensing
Ohio Department of Public Safety - Compliance checks for underage sales
Local health departments - Local enforcement
FDA - Federal compliance inspections

The Columbus Preemption Battle

The biggest vaping policy fight in Ohio is between cities and the state over who gets to regulate:

January 2024: Columbus flavored tobacco ban took effect
January 2024: Legislature overrode Governor DeWine's veto to reinstate state preemption of local tobacco regulations
April 2024: Columbus and 13 other cities sued the state
May 2024: A Franklin County judge ruled the preemption law unconstitutional under Ohio's Home Rule Amendment
July 2025: Tenth District Court of Appeals unanimously affirmed the lower court, ruling that cities can enact their own local vaping restrictions

Bottom line: Ohio cities now have confirmed authority to pass flavor bans and regulations stricter than state law.

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
Online purchases with age verification
Purchasing from licensed retailers at age 21+

Illegal:

Selling vaping products to anyone under 21
Vaping in enclosed indoor public places and workplaces
Self-service vape product displays (employee assistance required)
Selling without proper distributor licensing (if applicable)
Selling flavored vapes in Columbus and other cities with local bans

What Can You Buy in Ohio?

Statewide (Outside Local Flavor Ban Areas)

Ohio has no product directory and no statewide flavor ban, so the market is pretty open:

Devices:

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

E-Liquids:

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

In Columbus (Local Flavor Ban)

Since January 2024, Columbus restricts:

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

Columbus penalties for retailers:

Offense	Penalty
First violation	$1,000 fine
Second within 2 years	$5,000 fine
Third+ within 2 years	$10,000 fine + license revocation

Other Cities with Authority for Local Restrictions

After the July 2025 appeals court ruling, these cities (and others) have confirmed authority to enact local vaping ordinances:

Cleveland - Enacted zoning restrictions (2-mile buffer between new vape shops), advertising limits, and a $100,000 enforcement budget for undercover compliance operations
Cincinnati, Toledo, Dublin, Bexley, Kent, Oberlin, Oxford - All were plaintiffs in the preemption lawsuit and may enact restrictions
Heath - Passed a 2025 ordinance requiring retailers to sell exclusively FDA-authorized vaping products

Expected Prices

Product	Price Range
Disposable vape	$10-$20
Refillable pod system	$25-$45
Box mod kit	$40-$80
30mL e-liquid	$14-$22
100mL e-liquid	$18-$30
Nicotine salt 30mL	$14-$24
Replacement coils (5-pack)	$12-$18

Where Can You Vape in Ohio?

Ohio has a statewide indoor vaping ban, one of the broadest in the Midwest. Voters passed the Smoke-Free Workplace Act in 2006, and the legislature amended it in 2021 to include vaping.

Where Vaping Is Prohibited

All enclosed indoor workplaces
Restaurants (indoor areas)
Bars and taverns (indoor, no bar exemption)
Retail stores and shopping centers
Government buildings and courthouses
Public transportation
Schools, colleges, and universities
Hospitals and healthcare facilities
Areas immediately adjacent to entrances of public places

Where Vaping Is Permitted

Retail tobacco/vape shops (where majority of revenue is from tobacco/vape sales, physically separate)
Private residences (unless used as a licensed childcare facility)
Private clubs meeting specific criteria
Up to 20% of hotel/motel rooms (designated smoking/vaping rooms)
Nursing home residents' private rooms (with proper ventilation)
Outdoors (unless local restrictions apply)
Private vehicles

Signage Requirements

Ohio law requires "No Smoking/No Vaping" signs at every entrance to enclosed public places and workplaces.

University Campuses

Ohio State University - Tobacco and smoke-free campus including vapes
University of Cincinnati - Smoke/vape-free
Cleveland State - Smoke/vape-free
Most Ohio universities have gone tobacco-free, and that includes vaping

Penalties for Violating Ohio's Vaping Laws

Underage Sales (ORC 2927.02)

For the clerk/employee:

Offense	Classification	Penalty
First offense	4th-degree misdemeanor	Up to 30 days jail, $250 fine
Subsequent offenses	3rd-degree misdemeanor	Up to 60 days jail, $500 fine

For the retail establishment:

Offense	Penalty
First offense	$2,000 fine
Subsequent offenses	Higher fines, potential license suspension or revocation

Indoor Vaping Violations (ORC 3794.09)

Violation	Penalty
First violation	Warning or civil fine
Subsequent violations	$100-$2,500 per day
Intentional violations	Fines are doubled
Repeated proprietor violations	Court injunction possible

Enforcement Reality

The Ohio Investigative Unit can only cite stores that hold a liquor permit, which means most standalone vape shops are beyond their reach. That's a big enforcement gap.
Only 2,161 compliance checks were conducted statewide in 2023
The American Lung Association has called Ohio's enforcement framework "meaningless" due to these loopholes
Cleveland is the exception. The city funds undercover minor decoy operations with a dedicated $100,000 enforcement grant.
Indoor ban enforcement varies by county, with complaints investigated by the Ohio Department of Health
First indoor violations usually result in warnings. Repeat offenses escalate to fines.

Taxes and Costs

Tax Breakdown

Tax	Rate
State vapor excise tax	$0.10/mL
State sales tax	5.75%
County/local sales tax	0.75%-2.25% (varies)
Total tax	$0.10/mL excise + 6.50%-8.00% sales tax

Proposed Tax Increase

Governor DeWine's FY2026-2027 budget proposal would double the vapor excise tax from $0.10/mL to $0.20/mL. This has not yet been enacted and is under legislative consideration.

Distributor Licensing Fees

License Type	Annual Fee
Combined tobacco + vapor distributor	$1,000 per location
Vapor products only distributor	$125 per location

Retailers who purchase all vapor products tax-paid from Ohio-licensed distributors do not need a separate distributor license.

Ohio vs. Other Midwest States

State	Flavor Ban	Directory	Indoor Ban	Vape Tax	Age	Military Exception
Ohio	Columbus only	No	Yes (statewide)	$0.10/mL	21	No
Illinois	Chicago only	No	Yes (statewide)	15% wholesale	21	No
Indiana	No	No	Limited	None	21	No
Wisconsin	No (de facto via directory)	Yes	No statewide	$0.05/mL	21	No
Michigan	No	No	Yes	32% wholesale	21	No
Pennsylvania	No	No	Limited	40 cents/mL	21	No

Ohio's indoor ban aligns with Illinois and Michigan, while its excise tax is moderate compared to Pennsylvania's heavy $0.40/mL rate.

Nicotine Alternatives

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

Nicotine pouches (ZYN, Rogue, On!) - Legal everywhere, no restrictions
Nicotine gum - Available at pharmacies and convenience stores
Nicotine lozenges - Discreet option for indoor settings
Nicotine patches - Long-lasting, no visible use

Ohio Vaping Laws: Key Takeaways

Statewide indoor vaping ban - Ohio's Smoke-Free Workplace Act covers vaping in all enclosed public places and workplaces since 2021
No statewide flavor ban - All flavored vapes are legal across most of Ohio
Columbus bans flavored vapes - Local flavor restrictions effective since January 2024 with fines up to $10,000
Cities can regulate locally - A 2025 appeals court ruling confirmed municipalities can enact restrictions beyond state law
$0.10/mL excise tax - Moderate rate, but Governor DeWine has proposed doubling it
No product directory - Ohio doesn't require products to be on a state-approved list
21+ age requirement - No military exception under state or federal law
Enforcement has gaps - The state can only cite stores with liquor permits, missing most vape shops
Cleveland leads on enforcement - Funds undercover compliance operations targeting underage sales
Self-service displays banned - All vape products require employee assistance for purchase

References

If you're traveling through Ohio, 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.