South CarolinaCan You Vape in South Carolina? The Short Answer
Yes. Adults 21 and older can buy and use vaping products in South Carolina, subject to state, federal, and local rules.
- No statewide indoor vaping ban - The Clean Indoor Air Act only covers tobacco smoke
- No statewide flavor ban - Act 97 still limits child-focused labels, packaging, and marketing
- $0.05 per milliliter tax - The tax applies to consumable material containing nicotine
- 21+ to purchase (federal) - State law says 18, but federal Tobacco 21 requires 21+
- 15+ cities have local indoor vaping bans - Columbia, Mount Pleasant, Aiken, Sumter, and others
- South Carolina Retail License required - Vape sellers must disclose these sales on the state business tax application
- Product directory starts in 2027 - Manufacturer certifications are due January 1, 2027
South Carolina changed its vaping rules twice in 2026. Act 97 created packaging rules and a 2027 product directory. Act 234 added the new per-milliliter tax. Local indoor-use rules still differ across the state. For a full comparison, see our states banning vapes guide.
South Carolina's Vaping Laws: How the Rules Work
South Carolina regulates vaping through its youth-access laws, the Clean Indoor Air Act, and two laws enacted in 2026. Act 97 governs product certification, retail licensing, packaging, and marketing. Act 234 sets the nicotine-material tax.
Key Legislation
| Law | Year | Effect |
|---|---|---|
| SC Code 44-95 (Clean Indoor Air Act) | 1990 | Bans smoking in schools, government buildings, healthcare facilities; does not cover vaping |
| SC Code 16-17-500 | 2006 (amended) | Prohibits sale of tobacco/alternative nicotine products to minors under 18 |
| SC Code 16-17-506 | 2019 | Defines "electronic smoking devices," bans sale to persons under 18, requires age verification |
| Federal Tobacco 21 | 2019 | Raised federal purchase age to 21; retailers must comply regardless of state law |
| SC Code 16-17-500(D) | Ongoing | Requires third-party age verification for internet/remote sales |
| Act 97 / S.287 | 2026 | Creates the ENDS directory, retail license rule, and packaging and marketing limits |
| Act 234 / H.4303 | 2026 | Taxes nicotine liquid or material used in vapor products at $0.05 per milliliter |
| H.414 (Flavor Ban) | 2023-2024 | Would have banned all flavored vape and tobacco products; died in committee |
Regulatory Bodies
- South Carolina Department of Public Health (DPH) - Tobacco prevention, youth access education, compliance checks
- South Carolina Attorney General - Develops and maintains the ENDS product directory
- South Carolina Department of Revenue (DOR) - Collects taxes and issues retail licenses
- Local municipal governments - Enforce local indoor vaping and smoking ordinances
- FDA - Federal compliance inspections, PMTA enforcement, Tobacco 21 enforcement
What's Legal vs. Illegal (Statewide)
Legal:
- Vaping devices and e-liquids that meet current state and federal sales rules
- Flavored e-liquids that follow the state's labeling, packaging, and marketing rules
- All nicotine strengths (no state cap)
- Online purchases with third-party age verification
- Vaping outdoors in public spaces (no statewide restriction)
Illegal:
- Selling vaping products to anyone under 18 (state law) or under 21 (federal law)
- Selling without verifying proof of age
- Vending machine sales of electronic smoking devices
- Vaping in ambulances or any apparatus carrying oxygen (SC Code 16-17-500(J))
- Selling vapes via internet without third-party age verification
- Selling ENDS products without a valid South Carolina Retail License
- Using banned child-focused terms or imagery in ENDS labels, packaging, or marketing
- Selling an unlisted ENDS product after the 2027 directory and transition period begin
Visiting South Carolina? What Tourists Need to Know
South Carolina draws over 30 million visitors a year to its beaches, historic cities, and golf courses. If you're headed to Charleston, Myrtle Beach, Hilton Head, or Columbia with your vape, here's the situation.
Charleston
Charleston hasn't enacted a city-wide vaping ban separate from the state law, but many restaurants, bars, and hotels enforce their own no-vaping policies. The nearby town of Mount Pleasant (just across the Ravenel Bridge) does have a local ordinance banning vaping wherever smoking is prohibited. If you're bar-hopping on King Street or dining in the French Quarter, ask before you vape indoors.
Myrtle Beach
Myrtle Beach is a unique case. The city banned vape shops, smoke shops, and CBD stores from the main tourist strip on Ocean Boulevard (between 6th Avenue South and 16th Avenue North). The South Carolina Supreme Court upheld this ban. A moratorium on new vape shops also applies citywide.
You can still buy vapes at stores outside the restricted zone and in surrounding areas like North Myrtle Beach and Surfside Beach. As for using your vape, there's no specific city-wide indoor vaping ban in Myrtle Beach, but individual establishments set their own rules.
North Myrtle Beach passed a "Smoking in Public Places" ordinance making all public establishments non-smoking, including bars, restaurants, and city buildings.
Columbia
The state capital has some of the strictest local vaping rules in South Carolina. Columbia's updated smoking ordinance bans vaping in all indoor public places where smoking is prohibited, including:
- Restaurants and bars
- Hotel rooms (the city banned smoking/vaping rooms entirely)
- Workplaces
- Public events (like Soda City Market)
Fines in Columbia are $100 for a first offense, $200 for a second, and $500 for subsequent violations.
Hilton Head & Resort Areas
Hilton Head Island and resort areas don't have specific vaping ordinances beyond state law. Most resorts and golf courses set their own policies. Check with your hotel or rental property before vaping indoors.
Local Vaping Restrictions Across South Carolina
Since the state's Clean Indoor Air Act doesn't cover vaping, over a dozen municipalities have filled the gap with their own ordinances.
Cities and Counties with Indoor Vaping Bans
| Municipality | Details |
|---|---|
| Columbia | Vaping banned in all indoor public places, bars, restaurants, hotel rooms; fines $100-$500 |
| Mount Pleasant | Vaping prohibited wherever smoking is banned |
| Aiken | Includes e-cigarettes in smoke-free ordinance |
| Sumter | Indoor vaping banned in public places |
| Hartsville | Includes vaping in smoking ban |
| Lancaster County | County-wide vaping restriction |
| Lexington County | County-wide vaping restriction |
| Blacksburg | Includes vaping in local ordinance |
| Blackville | Includes vaping in smoking ban |
| Denmark | Includes vaping in smoking ban |
| Estill | Includes vaping in smoke-free ordinance |
| Inman | Includes vaping in local ordinance |
| Prosperity | Includes vaping in smoking ban |
| West Pelzer | Includes vaping in smoking ban |
| Yemassee | Includes vaping in smoking ban |
If you're in a city not on this list, state law doesn't restrict indoor vaping. But private businesses can always set their own rules, and many do.
What Can You Buy in South Carolina?
South Carolina's product directory is not yet operational. Current sales remain subject to federal rules and the state's new retail, packaging, and marketing rules. The directory will narrow legal retail inventory after it opens in 2027.
Devices:
- Disposable vapes that meet current sales and packaging rules
- Pod systems (JUUL, Vaporesso XROS, SMOK Nord, Uwell Caliburn, etc.)
- Box mod kits
- Rebuildable atomizers (RDAs, RTAs)
- All-in-one refillable systems
E-Liquids:
- Fruit, dessert, menthol, tobacco, and beverage flavors
- Freebase nicotine (all strengths)
- Nicotine salt (all strengths, including 50 mg/mL)
- All bottle sizes and PG/VG ratios
Restrictions:
- Closed-system flavored pods are limited to tobacco and menthol flavors under federal FDA rules
- Products without FDA marketing authorization may be subject to federal enforcement actions
- Labels and marketing cannot use the child-focused terms or imagery listed in Act 97
- Unlisted products will leave retail shelves after the 2027 directory transition period
Expected Prices and Tax Impact
| Product | Price Range |
|---|---|
| Disposable vape | $8-$20 |
| Refillable pod system | $20-$45 |
| Box mod kit | $40-$80 |
| 30mL e-liquid | $12-$20 |
| 100mL e-liquid | $18-$30 |
| Nicotine salt 30mL | $12-$22 |
| Replacement coils (5-pack) | $10-$16 |
The new tax adds $0.05 for each milliliter of consumable nicotine material. That equals $1.50 for 30 mL and $5.00 for 100 mL before sales tax, if the full tax appears in the retail price.
ENDS Product Directory Starts in 2027
Act 97 requires manufacturers to file their first product certifications by January 1, 2027. The Attorney General must open the directory by February 1, 2027, or when it is first published, whichever is later.
Retailers then have 60 calendar days to sell or remove unlisted stock. Distributors and wholesalers have the same 60-day period to remove affected products. After that period, unlisted products cannot be bought or sold for retail sale in South Carolina.
Where Can You Vape in South Carolina?
South Carolina's indoor vaping situation is simpler than many states: the state doesn't ban it, but more and more cities are doing it on their own.
Where Vaping Is Prohibited (In Cities with Local Bans)
- Indoor workplaces
- Restaurants and bars (indoor areas)
- Government buildings
- Schools and childcare facilities
- Hospitals and healthcare facilities
- Hotel rooms (in Columbia)
- Public events (in Columbia)
Where Vaping Is Generally Permitted
- Outdoors - Legal statewide unless a specific property prohibits it
- Private residences - No restrictions anywhere
- Private vehicles - No restrictions
- Vape/tobacco shops - Permitted statewide
- Bars and restaurants (in areas without local indoor vaping bans)
- Beaches - No statewide ban on beach vaping, but check local signs
University Campuses
Most major South Carolina universities have adopted tobacco-free and vape-free campus policies:
- University of South Carolina (Columbia) - Tobacco and vape-free campus
- Clemson University - Smoke and vape-free campus
- College of Charleston - Tobacco-free campus including vapes
- Coastal Carolina University - Smoke-free campus
- Medical University of South Carolina - Tobacco-free campus
Check individual campus policies before vaping on university grounds.
Ambulances and Oxygen Environments
One unique South Carolina rule: vaping is explicitly banned in ambulances and "any other apparatus in which oxygen is carried" under SC Code 16-17-500(J). This is a safety regulation, not an indoor air quality rule.
Penalties for Violating South Carolina's Vaping Laws
Selling to Minors (SC Code 16-17-500)
| Offense | Classification | Penalty |
|---|---|---|
| First offense (sale to minor under 18) | Misdemeanor | Fine of $200-$300 |
| Second+ offense (sale to minor under 18) | Misdemeanor | Fine of $400-$500, up to 30 days jail, or both |
| Failure to verify age | Misdemeanor | Same penalties as selling to a minor |
| Alternative to fine (first offense) | Court-ordered | Completion of merchant tobacco enforcement education program |
Other Violations
| Violation | Penalty |
|---|---|
| Vending machine sales of vaping products | Misdemeanor, fine per violation |
| Internet sales without third-party age verification | Misdemeanor, fine per violation |
| Vaping in ambulance/oxygen apparatus | Misdemeanor |
| Violating Clean Indoor Air Act (smoking) | Misdemeanor, $10-$25 fine |
| Violating local vaping ordinance (Columbia) | $100 (1st), $200 (2nd), $500 (3rd+) |
| Manufacturer offers an unlisted product after directory launch | $1,000 per product for each day offered |
| Retailer or distributor violates directory, packaging, or marketing rules | Up to $500 for a first violation; higher penalties for repeat violations |
Enforcement Reality
- The South Carolina DPH conducts compliance checks for underage sales at retail locations
- Federal FDA also runs compliance checks, including underage purchase stings
- Retailers must train all tobacco/vape sales employees on age verification
- The Attorney General's office has conducted raids on vape shops involved in illegal substance distribution
- Penalties for selling to minors apply at the state level (under 18), while federal law raises the bar to 21
- In practice, most retailers enforce the 21+ federal standard to avoid any issues
The 18 vs. 21 Age Confusion
South Carolina state law still sets the minimum purchase age at 18 for tobacco and vaping products. But the federal Tobacco 21 law, signed in December 2019, requires all retailers to verify buyers are 21 or older. Retailers who follow only state law and sell to 18-20 year olds risk federal enforcement actions from the FDA. The practical rule: you need to be 21.
Taxes and Costs
South Carolina now applies both a per-milliliter nicotine tax and normal state and local sales taxes.
Tax Breakdown
| Tax | Rate |
|---|---|
| State vape excise tax | $0.05 per mL of consumable nicotine material |
| State sales tax | 6% |
| Local sales tax (varies) | 0%-3% |
| Maximum combined sales tax | 9% |
How It Works
- The excise tax is based on the volume of nicotine liquid or other consumable nicotine material
- A 30 mL bottle carries $1.50 in state excise tax
- A 100 mL bottle carries $5.00 in state excise tax
- State and local sales taxes also apply to the retail sale
Tax Comparison Example
For a 30 mL bottle of nicotine e-liquid:
- Excise tax: $1.50
- Sales tax: Added at the local combined rate
- Retail effect: The seller's price and tax treatment determine the final receipt total
For comparison, Virginia uses an $0.11 per milliliter rate. Georgia uses different tax methods for closed and open systems.
The 2026 Tax Change
Act 234 amended Section 12-21-620. It added the five-cent rate for nicotine material depleted during use of a vapor product or electronic cigarette.
South Carolina vs. Neighboring States
| Feature | South Carolina | Georgia | North Carolina | Virginia |
|---|---|---|---|---|
| Indoor Vaping Ban | Local only (15+ cities) | Yes (statewide, 2023) | Local only | No statewide |
| Flavor Ban | No statewide ban; label rules apply | No | Restricted via directory (2025) | Restricted via directory (2025) |
| Vape Excise Tax | $0.05/mL | $0.05/mL closed + 7% wholesale open | $0.05/mL | $0.11/mL |
| Sales Tax | 6% (+0-3% local) | 4% (+1-5% local) | 4.75% (+2-2.75% local) | 5.3% (+0-1.7% local) |
| Age | 21 (federal) | 21 | 21 | 21 |
| Nicotine Cap | None | None | None | None |
| Product Directory | Enacted; starts in 2027 | No | Yes (2025) | Yes (2025) |
| Retailer License (Vape) | South Carolina Retail License | No | Yes | Yes |
South Carolina still has no statewide indoor vaping ban or flavor ban. Its tax and enacted directory now place more limits on retail sales. North Carolina and Virginia already have directory laws. Georgia has a statewide indoor vaping ban.
Nicotine Alternatives
When you can't vape (indoors in Columbia, Mount Pleasant, or any of the 15+ cities with local bans), these alternatives are available:
- Nicotine pouches (ZYN, Rogue, On!) - Legal everywhere, no indoor restrictions, discreet
- Nicotine gum - Available at pharmacies and convenience stores
- Nicotine lozenges - Discreet option for workplaces and restaurants
- Nicotine patches - Long-lasting, no visible use
- Heated tobacco products (IQOS) - May be subject to local smoking bans
All nicotine products require the purchaser to be 21+ under federal law.
South Carolina Vaping Laws: Key Takeaways
- No statewide indoor vaping ban - South Carolina's Clean Indoor Air Act only covers tobacco smoke, not vapor products
- The vape tax is $0.05 per milliliter - It applies to consumable liquid or other material containing nicotine
- There is no statewide flavor ban - Act 97 limits child-focused labels, packaging, and marketing
- 21+ to purchase (federal law) - State law still says 18, but federal Tobacco 21 means retailers must enforce 21+
- 15+ cities ban indoor vaping locally - Columbia, Mount Pleasant, Aiken, Sumter, Lexington County, Lancaster County, and others
- Myrtle Beach banned vape shops from Ocean Boulevard - The South Carolina Supreme Court upheld this zoning restriction on the main tourist strip
- Columbia has the strictest local rules - Vaping banned in all indoor public places, hotel rooms, and public events, with fines up to $500
- The ENDS directory starts in 2027 - First certifications are due January 1, and retail restrictions begin after publication and a 60-day transition
- Online sales require third-party age verification - Sellers shipping to South Carolina must use age verification services and comply with the federal PACT Act
- Penalties for selling to minors are real - Fines of $200-$500 and up to 30 days in jail for repeat offenders under SC Code 16-17-500
References
- South Carolina Act 97 / S.287 - ENDS directory and sales rules
- South Carolina Act 234 / H.4303 - vapor product tax
If you're traveling to South Carolina, 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.