OregonCan You Vape in Oregon? The Short Answer
Yes, but Oregon has strict rules combining a statewide indoor ban, a high wholesale tax, and a ban on online sales. Here's what you need to know:
- Statewide indoor vaping ban since January 2016 (10-foot buffer from entrances)
- 65% excise tax on wholesale price of all vape products (Measure 108)
- No statewide flavor ban - But local bans in Multnomah and Washington counties
- Online sales banned - All purchases must be in-person at licensed retailers
- 21+ age requirement - No military exception
- No state sales tax - Oregon is one of five states with no general sales tax
- $984 annual retail license required to sell tobacco and vaping products
Oregon is a unique case in the Pacific Northwest. It pairs strict public health regulations with no general sales tax, meaning the 65% wholesale tax is the primary cost driver. Check our states banning vapes guide for how Oregon compares nationally.
Oregon's Vaping Laws: How the Rules Work
Oregon regulates vaping under ORS Chapter 431A (tobacco retail licensing and sales) and ORS Chapter 433 (Indoor Clean Air Act), with vaping devices classified as "inhalant delivery systems" -- a term covering e-cigarettes, vape pens, e-hookahs, and any device that vaporizes nicotine, cannabinoids, or other substances.
Key Legislation
| Law | Year | Effect |
|---|---|---|
| Oregon Indoor Clean Air Act (ICAA) Amendment | 2016 | Added inhalant delivery systems to statewide indoor ban |
| Senate Bill 754 | 2018 | Raised minimum purchase age to 21 (Tobacco 21) |
| Measure 108 | 2020 | Created 65% wholesale tax on inhalant delivery systems |
| Senate Bill 587 | 2021 | Established statewide tobacco retail licensing, allowed local regulation |
| House Bill 2261 (ORS 180.441) | 2021 | Banned online and delivery sales to consumers |
| Senate Bill 702 | 2025 | Proposed statewide flavor ban (pending in legislature) |
Regulatory Bodies
- Oregon Health Authority (OHA) - Enforces the Indoor Clean Air Act, tobacco retail licensing compliance, public health campaigns
- Oregon Department of Revenue (DOR) - Issues tobacco retail licenses, collects the 65% wholesale excise tax
- Oregon Department of Justice (DOJ) - Enforces delivery sales prohibitions, can pursue civil penalties up to $5,000 per violation
- Oregon Liquor and Cannabis Commission (OLCC) - Involved in proposed SB 702 flavor ban enforcement
- Local public health authorities - Conduct ICAA educational and remediation activities on behalf of OHA
- FDA - Federal compliance inspections
What's Legal vs. Illegal (Statewide)
Legal:
- All vaping devices (disposables, pod systems, box mods, rebuildables)
- All flavored e-liquids (outside local flavor ban areas)
- All nicotine strengths (no state cap)
- Purchasing from licensed retailers at age 21+
- Vaping outdoors (beyond 10 feet from entrances)
Illegal:
- Selling vaping products to anyone under 21
- Vaping indoors in any public place or workplace (statewide)
- Vaping within 10 feet of entrances, exits, windows, or ventilation intakes
- Selling without a tobacco retail license ($984/year per location)
- Shipping or delivering vape products to consumers (online sales banned)
- Selling flavored vape products in Multnomah County or Washington County
Local Flavor Bans: Portland and Beyond
Oregon is notable for allowing local jurisdictions to regulate tobacco sales beyond state law. Senate Bill 587 (2021) removed preemption barriers, enabling counties and cities to pass their own ordinances. This has created a patchwork of local flavor restrictions, especially in the Portland metro area.
Multnomah County (Portland)
Multnomah County, which includes the city of Portland, passed an ordinance banning the sale of all flavored tobacco and nicotine products in December 2022. The ban faced legal challenges and was temporarily blocked before it could take effect on January 1, 2024. But in April 2025, the Oregon Court of Appeals upheld the ban, ruling it constitutional. The ordinance prohibits the sale of any flavored tobacco or vaping product within all of Multnomah County.
What that looks like for travelers: If you're visiting Portland, you will not find flavored vapes for sale in shops within Multnomah County. Tobacco-flavored products and all hardware remain available.
Washington County
Washington County passed Ordinance 878 banning the sale of flavored tobacco and synthetic nicotine products. The ordinance also prohibits price promotions, coupons, and discounts on all tobacco and nicotine products. The Oregon Court of Appeals unanimously upheld the ordinance in 2024, but the case has been appealed to the Oregon Supreme Court and the ban remains pending final resolution.
Portland-Specific Rules
Beyond the county-level flavor ban, Portland has additional local restrictions:
- Parks, beaches, and playgrounds - Vaping banned in all city parks
- Retail proximity restrictions - Tobacco and vape shops must be at least 500 feet from schools, parks, libraries, and playgrounds, and 1,000 feet from another tobacco or vape shop
Statewide Flavor Ban Proposal (SB 702)
In the 2025 legislative session, Senate Bill 702 was introduced to ban the sale of all flavored inhalant delivery system products and flavored tobacco products statewide. The bill defines "flavored" broadly, including menthol, mint, wintergreen, chocolate, vanilla, honey, and any sensation described as "chill, ice, fresh, arctic, or frost." An amended version would allow sales only within stores licensed by the OLCC. As of early 2026, the bill has not been enacted but remains a live legislative issue.
What Can You Buy in Oregon?
Statewide (Outside Flavor Ban Areas)
Oregon has no product directory requirement and no statewide flavor ban:
Devices:
- Disposable vapes (all brands)
- Pod systems (SMOK, Vaporesso, Uwell, GeekVape, etc.)
- Box mod kits
- Rebuildable atomizers
- All-in-one refillable systems
E-Liquids:
- All flavors (fruit, dessert, candy, menthol, tobacco)
- Freebase nicotine (all strengths)
- Nicotine salt (all strengths)
- All bottle sizes and PG/VG ratios
In Multnomah County (Portland) and Washington County
- Banned: All flavored tobacco and vaping products
- Legal: Tobacco-flavored products, unflavored products, all hardware
Expected Prices
Oregon has no general sales tax, so the 65% wholesale excise tax is the primary added cost. Prices are moderate compared to high-tax states like Washington (95% tax) but higher than no-tax states.
| Product | Price Range |
|---|---|
| Disposable vape | $12-$22 |
| Refillable pod system | $28-$50 |
| Box mod kit | $45-$85 |
| 30mL e-liquid | $16-$26 |
| 100mL e-liquid | $20-$34 |
| Nicotine salt 30mL | $16-$26 |
| Replacement coils (5-pack) | $12-$18 |
Because Oregon has no sales tax, prices at the register are exactly what's on the shelf -- the 65% wholesale tax is already baked into the retail price. This is a notable difference from neighboring Washington and California, where sales tax is added at checkout.
Where Can You Vape in Oregon?
Oregon has a statewide indoor vaping ban under the Indoor Clean Air Act, effective for vaping since January 1, 2016.
Where Vaping Is Prohibited
- All enclosed indoor workplaces
- Restaurants, cafes, food courts (indoor areas)
- Bars and taverns (indoor, no exemptions)
- Retail stores and shopping centers
- Hotels (at least 75% of rooms must be non-smoking/vaping)
- Government buildings
- Healthcare facilities and hospitals
- Daycare centers and schools
- Public transportation
- Within 10 feet of any entrance, exit, window, or ventilation intake of an enclosed area
- Jury rooms
- Inside vehicles when a person under 18 is present
- Portland city parks, beaches, and playgrounds
Where Vaping Is Permitted
- Outdoors (beyond 10 feet from entrances, exits, windows, and vents)
- Private residences (unless used as a licensed childcare facility)
- Private vehicles (only if no one under 18 is present)
- Up to 25% of hotel rooms (hotels may designate some rooms for smoking/vaping)
Enforcement Reality
The ICAA is a complaint-driven law. The Oregon Health Authority does not conduct proactive inspections for vaping violations. Instead, enforcement activities occur when a member of the public (including employees) files a complaint. Local public health authorities then conduct educational and remediation activities for businesses. Businesses have at least three opportunities to come into compliance before OHA considers civil action.
In practice, outdoor vaping is rarely enforced, and even indoor violations typically result in warnings before fines. Still, employers and business owners are held to a higher standard.
Penalties for Violating Oregon's Vaping Laws
Indoor Clean Air Act Violations
| Offense | Penalty |
|---|---|
| 1st violation | Warning / educational remediation |
| 2nd violation | Warning / additional remediation |
| 3rd violation | Up to $500 civil penalty per day |
| Employer violations | Up to $500/day, max $4,000 in any 30-day period |
Retailer Violations: Underage Sales
| Offense | Fine | Additional Penalty |
|---|---|---|
| 1st offense | $500 | None |
| 2nd offense | $1,000 | Possible license review |
| 3rd+ offense | Up to $5,000 | License suspension or revocation |
Unlicensed Sales
| Violation | Penalty |
|---|---|
| Selling without a tobacco retail license | Up to $1,000 per day per violation |
| General unlicensed sales violations | Up to $5,000 per violation (ORS 431A.220) |
Delivery/Online Sales Violations
| Violation | Penalty |
|---|---|
| Shipping vape products to consumers | Up to $5,000 per violation |
| Additional | Injunction, profit disgorgement, investigation costs, attorney fees |
Minor Possession
| Violation | Penalty |
|---|---|
| Possession by person under 18 at schools/colleges/youth facilities | Class D violation, ~$90 fine |
| Purchase attempt by person under 21 | Federal violation (Tobacco 21) |
Enforcement Reality
Oregon uses a graduated enforcement approach. Businesses receive education and warnings before facing civil penalties. The ICAA is complaint-driven, meaning enforcement is reactive rather than proactive. That said, the Oregon Department of Justice actively pursues delivery sales violations, and the Department of Revenue monitors retail licensing compliance.
Taxes and Costs
Oregon's Vape Tax (Measure 108)
Oregon voters approved Measure 108 in November 2020, creating a 65% excise tax on the wholesale price of all inhalant delivery system products. The tax took effect January 1, 2021.
| Tax Component | Rate |
|---|---|
| Wholesale excise tax (inhalant delivery systems) | 65% of wholesale price |
| State sales tax | None (Oregon has no general sales tax) |
| Local sales tax | None |
| Total tax burden | 65% wholesale only |
What's Taxed
The 65% wholesale tax applies to:
- E-cigarettes (reusable and disposable)
- Vape devices and components
- E-liquid and e-juice (with or without nicotine)
- All vaping hardware and accessories
- Does not include devices marketed solely for marijuana vaporization
Revenue Allocation
Tax revenue from Measure 108 funds:
- Oregon Health Authority medical and healthcare-assistance programs
- Mental health services
- Tribal health providers, including Urban Indian Health Program
- Tobacco and nicotine health issue programs
No Sales Tax Advantage
Oregon is one of only five US states with no general sales tax (along with Montana, New Hampshire, Delaware, and Alaska). So the 65% wholesale tax is the only tax applied to vape products. There is no additional tax added at the register. While the 65% wholesale rate is significant, the absence of sales tax makes Oregon's total tax burden lower than states like Washington (95% excise + 6.5-10.25% sales tax) or California (~54% wholesale + 12.5% CECET + sales tax).
Retail License Costs
| Fee | Amount |
|---|---|
| Annual tobacco retail license | $984 per location |
| Required since | January 1, 2022 |
| Issued by | Oregon Department of Revenue |
Oregon vs. Pacific Northwest Neighbors
| Feature | Oregon | Washington | California |
|---|---|---|---|
| Flavor Ban | Local only (Multnomah, Washington Co.) | Seattle only | Statewide |
| Indoor Ban | Yes (statewide ICAA) | No statewide (local bans) | Yes (statewide) |
| Vape Tax | 65% wholesale | 95% excise | ~54% wholesale + 12.5% CECET |
| Sales Tax | None | 6.5-10.25% | 7.25-10.25% |
| Online Sales | Banned | Legal (regulated) | Legal (restricted) |
| Age | 21 | 21 | 21 |
| Product Directory | No | No | No |
| Military Exception | No | No | No |
| Entrance Buffer | 10 feet | Varies by city | 25 feet |
| Retail License | $984/year | $250 (delivery license) | Varies by city |
Oregon sits in the middle of the Pacific Northwest in terms of overall restrictiveness. Its statewide indoor ban and online sales prohibition are stricter than Washington, but its lack of a statewide flavor ban and absence of sales tax make it less burdensome than California.
Nicotine Alternatives
When you can't vape (indoors at Oregon restaurants, bars, workplaces, or in Portland where flavors are restricted), these alternatives work:
- Nicotine pouches (ZYN, Rogue, On!) - Legal everywhere, discreet for indoor use, subject to the 65% wholesale tax. Note: may be restricted in Multnomah/Washington County if flavored
- Nicotine gum - Available at pharmacies and convenience stores statewide
- Nicotine lozenges - Discreet option for indoor settings
- Nicotine patches - Long-lasting, no visible use
- Swedish-style snus - Available at some tobacco retailers
Oregon Vaping Laws: Key Takeaways
- Statewide indoor vaping ban - Oregon's Indoor Clean Air Act covers vaping in all enclosed public places and workplaces with a 10-foot buffer from entrances, exits, windows, and vents
- 65% wholesale excise tax - Created by Measure 108 in 2020, applying to all vaping devices, components, and e-liquids
- No general sales tax - Oregon has no state or local sales tax, so the wholesale tax is the only tax on vape products
- Online sales completely banned - ORS 180.441 requires all vape purchases to be made in person at licensed retail stores
- No statewide flavor ban - But SB 702 is under active consideration in the 2025 legislature
- Multnomah County (Portland) flavor ban upheld - The Oregon Court of Appeals upheld the ban in April 2025, restricting flavored vape sales in the Portland metro area
- $984 annual retail license required - All businesses selling tobacco and vaping products must be licensed through the Department of Revenue since January 2022
- Complaint-driven enforcement - The ICAA relies on public complaints rather than proactive inspections, giving businesses multiple chances to comply before facing fines
- 21+ age requirement since 2018 - Oregon adopted Tobacco 21 via SB 754, with no military or parental consent exceptions
- Local regulations are expanding - With state preemption removed by SB 587, more Oregon counties and cities may adopt their own flavor bans and restrictions
References
- Oregon Health Authority -- Indoor Clean Air Act
- Oregon Health Authority -- State Rules and Statutes for Tobacco Prevention
If you're traveling through Oregon, 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.