TennesseeCan You Vape in Tennessee? The Short Answer
Yes, but the rules tightened dramatically in 2025. Tennessee passed SB 763, one of the most sweeping vaping laws in the South:
- New excise taxes - $0.07/mL on closed systems, 10% wholesale on open systems (effective July 1, 2025)
- Product directory - Launched January 1, 2026; unlisted products banned by 2027
- No flavor ban - All flavored vapes remain legal, though the directory may limit options
- 21+ age requirement - Must card anyone who looks under 50
- Nashville banned indoor vaping - All bars, honky-tonks, and 21+ venues since March 2023
- Statewide indoor restrictions - Vaping banned in enclosed public places, workplaces, and restaurants
- $2,500 first-offense fine for selling to anyone under 21
Tennessee went from one of the least regulated vaping states in the South to one of the most structured. For a broader view, see our guide on states banning vapes.
Tennessee's Vaping Laws: How the Rules Work
Tennessee regulates vaping through a combination of criminal code, tax law, and public health statutes. The passage of SB 763 in 2025 marked the biggest overhaul in the state's history of vaping regulation.
Key Legislation
| Law | Year | Effect |
|---|---|---|
| Non-Smoker Protection Act (T.C.A. Section 39-17-1801 et seq.) | 2007 (amended) | Indoor smoking ban in enclosed public places, extended to include vapor products |
| Children's Act for Clean Indoor Air (T.C.A. Section 39-17-1604) | Amended | Bans smoking and vaping in schools, childcare centers, community centers, zoos, museums |
| Prevention of Youth Access to Tobacco and Vapor Products Act (T.C.A. Section 39-17-1501 et seq.) | Amended 2025 | 21+ age requirement, ID verification, underage sales penalties |
| SB 763 / HB 968 | 2025 | Excise taxes, product directory, advertising restrictions, enhanced penalties |
| Nashville Ordinance BL2022-1383 | 2023 | Banned smoking/vaping in all Nashville 21+ venues |
Regulatory Bodies
- Tennessee Department of Revenue - Vapor product directory, tax collection, licensing
- Tennessee Alcoholic Beverage Commission (TABC) - Compliance checks and enforcement (receives 12.5% of new tax revenue)
- Tennessee Department of Agriculture - Halting tobacco and vape sales to minors enforcement
- Tennessee Department of Health - Non-Smoker Protection Act and Smokefree Tennessee program
- Metro Nashville Public Health Department - Nashville's local smoke-free ordinance enforcement
What's Legal vs. What's Not
Legal:
- Buying and using vaping products if you are 21+
- Possessing all flavors of e-liquid
- Purchasing from licensed retailers
- Vaping outdoors in most places
- Vaping in designated vape shops, cigar bars, and tobacco retail stores
Illegal:
- Selling to anyone under 21
- Purchasing or possessing vaping products if under 21
- Vaping inside enclosed public places, workplaces, and restaurants
- Advertising vapes within 1,000 feet of schools, churches, daycares, or substance abuse facilities
- Selling products not on the state directory (enforced beginning 2027)
- Ads that mimic candy, toys, or cartoons
Nashville and Memphis: City-Specific Rules
Nashville (Davidson County)
Nashville is the strictest city in Tennessee for indoor vaping. If you are visiting Broadway and Lower Broadway's famous honky-tonks, here is what you need to know:
Nashville Ordinance BL2022-1383 (effective March 1, 2023):
- Bans smoking and vaping inside all age-restricted (21+) venues
- This includes bars, honky-tonks, music venues, and nightclubs on Broadway and throughout Davidson County
- Outdoor patios and decks are not covered by the ban (owners may choose to restrict them)
- Fines of $50 per person, per infraction, per day enforced by Metro Nashville Public Health Department
Nashville Exemptions:
- Cigar bars
- Hookah bars
- Vape retail stores
- Retail tobacco stores
- These businesses earn significant portions of income from products consumed on-site
Bottom line for tourists: You cannot vape inside the honky-tonks on Broadway. Step outside to the patio or sidewalk.
Memphis (Shelby County)
Memphis has its own Smoke-Free Air Ordinance that covers vaping:
- Vaping prohibited in all enclosed public places and workplaces, including restaurants and bars
- 25-foot buffer zone from entrances, exits, windows, and ventilation intakes
- Exemptions for private residences, outdoor areas of restaurants and bars, designated hotel rooms, tobacco shops, and private clubs with no employees
Other Local Rules
Some Tennessee municipalities have adopted additional restrictions:
- Johnson City - Prohibits vaping in all city parks
- Spring Hill - Prohibits vaping in all city parks
Most other Tennessee cities follow the state law without additional local ordinances.
What Can You Buy in Tennessee?
Tennessee has no flavor restrictions and the product directory does not take full enforcement effect until 2027, so the market remains relatively open for now.
Available Products
Devices:
- Disposable vapes (all brands currently, though directory may limit this)
- Pod systems (SMOK, Vaporesso, Uwell, GeekVape, etc.)
- Box mod kits (all brands)
- 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
What You Cannot Do
- Buy under 21 - No exceptions, including military
- Buy from unlicensed sellers - Retailers must purchase from licensed distributors (since August 1, 2025)
- Buy products from "foreign adversarial countries" - SB 763 prohibits products manufactured in hostile nations
- Buy unlisted products (enforcement begins 2027) - Only directory-listed products will be legal
Expected Prices
| Product | Price Range |
|---|---|
| Disposable vape | $10-$20 |
| Refillable pod system | $25-$45 |
| Box mod kit | $40-$80 |
| 30mL e-liquid | $15-$22 |
| 100mL e-liquid | $20-$30 |
| Nicotine salt 30mL | $15-$23 |
| Replacement coils (5-pack) | $12-$18 |
Tennessee's new excise taxes add to costs compared to pre-2025 pricing. The state also charges a standard 7% sales tax (one of the highest state sales tax rates in the country), and local sales taxes can push the total to 9.25%-9.75% in cities like Nashville and Memphis.
Where Can You Vape in Tennessee?
Tennessee restricts vaping in most enclosed public places through its Non-Smoker Protection Act, which was amended to include vapor products.
Where Vaping Is Prohibited
- Enclosed public places (restaurants, retail stores, banks, laundromats, etc.)
- Workplaces (both public and private employers)
- Government buildings
- Healthcare facilities
- Schools and school grounds (within 100 feet of entrances)
- Childcare centers, group care homes, youth development centers
- Community centers (when being used for children's activities)
- Museums and zoos
- Nashville bars and honky-tonks (all 21+ venues since March 2023)
- Memphis enclosed public places (plus 25-foot buffer zone from entrances)
Where Vaping Is Permitted
- Outdoors - Generally permitted unless posted otherwise
- Private residences (unless used as licensed care facilities)
- Private vehicles
- Bars and restaurants that restrict entry to 21+ (under state law, though Nashville has closed this exemption)
- Retail tobacco stores (that prohibit minors)
- Retail vape stores
- Cigar bars and hookah bars
- Designated smoking hotel/motel rooms (at least 75% of rooms must be smoke/vape-free)
- Outdoor patios at bars and restaurants
- Enclosed smoking areas that are physically separated and independently ventilated
Nashville Tourism: Where to Vape
| Location | Can You Vape? | Notes |
|---|---|---|
| Broadway honky-tonks (inside) | No | Banned since March 2023 |
| Broadway honky-tonks (patio) | Yes | Outdoor areas not covered |
| Bridgestone Arena | No | Indoor venue |
| Nissan Stadium / GEODIS Park | Check policy | Outdoor but may have venue rules |
| Nashville International Airport (BNA) | No | No indoor vaping in terminals |
| Hotel rooms | Check policy | Must be designated smoking room |
| Sidewalks / outdoors | Yes | Generally permitted |
| Vape shops | Yes | Retail vape store exemption |
The Tennessee Product Directory
SB 763 created a state-managed directory of vapor products that can legally be sold in Tennessee. This is the most impactful part of the new law.
How It Works
- Manufacturers must certify with the Tennessee Department of Revenue by August 1, 2025
- Each product costs $25 annual certification fee
- Products must be FDA-authorized or have a pending PMTA application
- Consumable material must be processed in the United States at an FDA-registered facility
- Products cannot originate from a foreign adversarial country
- Directory published on the Tennessee DOR website on January 1, 2026
Timeline
| Date | What Happens |
|---|---|
| July 1, 2025 | Excise taxes take effect, mandatory carding begins |
| August 1, 2025 | Manufacturer certifications due; retailers must buy from licensed distributors only |
| January 1, 2026 | Vapor product directory published on DOR website |
| January 1, 2027 (or when directory is available) | Unlisted products cannot be sold in Tennessee |
What It Means for Consumers
Expect a significant reduction in available brands and flavors once directory enforcement begins. Products that lack FDA authorization or a pending PMTA will be removed. This mirrors what happened in North Carolina, where around 7,000 products were pulled from shelves.
Penalties for Violating Tennessee's Vaping Laws
Underage Sales (Selling Vapor Products to Someone Under 21)
| Offense | Penalty |
|---|---|
| First offense | $2,500 fine |
| Second offense | At least $20,000 fine + license revocation |
There is no time limit between first and second offenses and no option for reduced penalties. These penalties are significantly harsher than those for selling traditional tobacco to minors.
Underage Purchase or Possession
| Offense | Penalty |
|---|---|
| Purchase or possession (under 21) | Class A misdemeanor |
Directory and Product Violations
| Violation | Penalty |
|---|---|
| Selling non-directory products (retailer) | Up to $500 per product |
| Repeat product violations | $500-$1,500 per product |
| Manufacturer non-compliance (unlisted product) | Up to $10,000 per product |
| Advertising violations (targeting youth) | Up to $20,000 + license loss |
Indoor Vaping Violations
| Jurisdiction | Fine |
|---|---|
| Nashville (BL2022-1383) | $50 per person, per infraction, per day |
| State Non-Smoker Protection Act | $50 per violation |
Enforcement
- TABC conducts at least 2 unannounced compliance checks per year for vapor product retailers
- Follow-up checks required within 30 days of any violation
- Tennessee Department of Agriculture runs tobacco and vape compliance programs
- Metro Nashville Public Health Department enforces the Nashville smoke-free ordinance
Taxes and Costs
Tennessee's excise taxes on vapor products took effect July 1, 2025, under SB 763. Before this, Tennessee had no specific vape tax.
Tax Breakdown
| Tax | Rate |
|---|---|
| Closed-system excise (disposables, prefilled pods) | $0.07 per mL |
| Open-system excise (refillable e-liquids) | 10% of wholesale cost |
| State sales tax | 7% |
| Local sales tax | Up to 2.75% additional (varies by county) |
| Total sales tax (Nashville) | 9.25% |
| Total sales tax (Memphis) | 9.75% |
Revenue Allocation
The new excise tax is projected to generate approximately $16 million per year. Of that, 12.5% is allocated to the TABC to fund enhanced compliance checks and enforcement activities.
Licensing and Certification Fees
| Fee Type | Cost |
|---|---|
| Vapor product certification (per product, per year) | $25 |
| Tobacco/vapor retail license | Required through existing tobacco licensing |
Tennessee vs. Neighboring States
| State | Flavor Ban | Directory | Indoor Vaping Ban | Vape Tax | Age | Online Sales |
|---|---|---|---|---|---|---|
| Tennessee | No | Yes (2026) | Yes (statewide + Nashville stricter) | $0.07/mL, 10% wholesale | 21 | Permitted (age verified) |
| Georgia | No | No (pending) | Yes (statewide) | $0.05/mL, 7% wholesale | 21 | Face-to-face only |
| North Carolina | No | Yes (active) | No statewide | $0.05/mL | 21 | Restricted |
| Virginia | No | Yes (injunction) | No statewide | $0.11/mL | 21 | Banned (D2C) |
| Arkansas | No | Yes | Yes (partial) | None | 21 | Permitted |
| Kentucky | No | Yes (2025) | No statewide | 15% wholesale (closed), $1.50/unit (open) | 21 | Restricted |
Tennessee's regulatory approach is now among the most far-reaching in the South, combining an excise tax, product directory, enhanced penalties, and statewide indoor restrictions. Its $2,500 first-offense underage sales fine is one of the steepest in the region.
Nicotine Alternatives
When you cannot vape (inside Nashville's honky-tonks, at work, in restaurants, or at the airport), these alternatives work:
- Nicotine pouches (ZYN, Rogue, On!) - Widely available at convenience stores, gas stations, and vape shops
- Nicotine gum - Available at pharmacies and grocery stores
- Nicotine lozenges - Discreet for any indoor setting
- Nicotine patches - Long-lasting, no visible use
These products are not subject to the vapor product directory or excise taxes, though standard sales tax applies.
Tennessee Vaping Laws: Key Takeaways
- SB 763 overhauled Tennessee's vaping rules - Excise taxes, a product directory, and strict penalties all took effect in 2025
- No flavor ban - All flavored vaping products remain legal, though the directory system may reduce available options by 2027
- New excise taxes - $0.07/mL on closed systems and 10% of wholesale cost on open systems, effective July 1, 2025
- Product directory launching - Published January 1, 2026, with full enforcement by January 1, 2027
- Nashville is the strictest city - All bars, honky-tonks, and 21+ venues banned indoor smoking and vaping in March 2023
- Statewide indoor ban - Vaping prohibited in enclosed public places, workplaces, and restaurants under the Non-Smoker Protection Act
- $2,500 first-offense fine for selling to anyone under 21, with $20,000+ and license revocation for second offense
- Must card anyone who looks under 50 - Mandatory ID verification requirement since July 1, 2025
- TABC runs at least 2 unannounced compliance checks per year on every vapor product retailer
- High combined sales tax - State plus local sales tax can reach 9.75% on top of the new excise taxes
References
- Tennessee Department of Revenue - Vapor Products Tax Notice
- Tennessee Department of Agriculture - Halting Tobacco Sales to Minors
If you are visiting Nashville and flying in, check our guide on traveling with your vape for airport packing rules and TSA tips.
Looking for vaping laws in other states or countries? Check our complete vaping laws guide for more destinations.