VermontCan You Vape in Vermont? The Short Answer
Yes, but Vermont is one of the most restrictive states in the country for vapers. Here's what you need to know:
- Statewide indoor vaping ban since 2016 under Act 108 (vaping banned wherever smoking is prohibited)
- 92% wholesale excise tax -- second highest vape tax in the U.S.
- No flavor ban -- Governor vetoed S.18 in April 2024; all flavors remain legal
- Online sales completely banned -- No mail, phone, or internet orders to consumers
- 21+ age requirement -- No military exception
- Mandatory retailer licensing -- Tobacco License ($110) plus Tobacco Substitute Endorsement ($50)
- No state product directory for vapes -- No approval list required
Vermont's approach combines aggressive taxation and online sales bans with broad indoor vaping restrictions. The 92% tax alone makes it one of the most expensive states to vape in. Check our states banning vapes guide for how Vermont compares nationally.
Vermont's Vaping Laws: How the Rules Work
Vermont regulates vaping under Title 7, Chapter 40 of the Vermont Statutes, with e-cigarettes and vaping devices classified as "tobacco substitutes." The state treats them under the same regulatory structure as traditional tobacco products, with a few additional restrictions.
Key Legislation
| Law | Year | Effect |
|---|---|---|
| Act 135 | 2014 | Extended secondhand smoke protections to workplaces, vehicles, public places; required child-proof e-liquid packaging |
| Act 108 | 2016 | Added vaping to Clean Indoor Air Act -- banned wherever smoking is prohibited |
| Act 22 | 2019 | Required retailer licensing; banned online/mail/phone sales to consumers |
| Act 27 | 2019 | Raised legal age to 21 for all tobacco products and substitutes |
| Act 28 | 2019 | Imposed 92% wholesale excise tax on tobacco substitutes |
| S.18 | 2024 | Passed both chambers to ban flavored vapes -- vetoed by Governor Scott |
Regulatory Bodies
- Vermont Department of Liquor and Lottery (DLL) -- Retailer licensing, compliance checks, underage enforcement
- Vermont Department of Taxes -- Excise tax collection, wholesaler compliance
- Vermont Department of Health -- Prevention programs, public health campaigns, smoking violation reports
- Vermont Attorney General's Office -- Online sales enforcement, contraband seizure, consumer protection
- FDA -- Federal compliance inspections (contracted through DLL investigators)
What's Legal vs. Illegal
Legal:
- All vaping devices (disposables, pod systems, box mods, refillable tanks)
- All flavored e-liquids (fruit, dessert, candy, menthol, tobacco)
- All nicotine strengths (no state cap)
- Purchasing from licensed retailers at age 21+
- Vaping outdoors (with some restrictions near state buildings)
Illegal:
- Selling vaping products to anyone under 21
- Vaping indoors in public places or workplaces (statewide)
- Vaping within 25 feet of state-owned buildings
- Vaping in a vehicle with anyone under 18
- Online, mail-order, or phone sales to consumers
- Operating without a Tobacco License and Tobacco Substitute Endorsement
- Selling from self-service displays accessible to those under 21
The Flavor Ban That Wasn't: S.18's Rise and Fall
Vermont came close to banning all flavored vaping products. The story of S.18 is worth understanding because similar legislation is likely to return.
Timeline
| Date | Event |
|---|---|
| January 2023 | S.18 introduced in Vermont Senate -- "An act relating to banning flavored tobacco" |
| March 2023 | Senate Health and Welfare Committee hearings begin |
| January 2024 | Senate passes S.18 with an amendment pushing the effective date to January 1, 2026 |
| March 15, 2024 | Vermont House passes S.18 with amendments |
| April 3, 2024 | Governor Phil Scott vetoes S.18 |
| April 12, 2024 | Senate President Pro-Tem announces no override attempt -- votes not there |
What S.18 Would Have Banned
- All flavored e-cigarettes and e-liquids (except tobacco flavor)
- Flavored oral nicotine pouches
- Menthol cigarettes, cigars, pipe tobacco, and smokeless tobacco
- Effective date would have been January 1, 2026
Why the Governor Vetoed It
Governor Scott gave three main reasons in his veto message:
- Inconsistency -- He called it "hypocritical" to ban flavored vaping products while Vermont allows flavored cannabis and alcohol sales
- Revenue loss -- The Joint Fiscal Office estimated $7 million to $14 million in annual lost tax revenue
- Adult freedom -- He stated the bill must "be balanced in such a way that we honor the rights and freedoms of adults to make decisions about their individual lives"
Will the Flavor Ban Return?
The flavor ban has strong legislative support. Both chambers passed it by wide margins. The barrier is the governor's veto pen and the lack of a two-thirds supermajority to override. If Vermont elects a governor who supports a flavor ban, or if supporters gain enough seats for an override, this legislation could pass quickly.
What Can You Buy in Vermont?
Vermont has no product directory for vaping products and no flavor ban, so the product selection is broad -- at brick-and-mortar stores only.
Available Products
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
Expected Prices
Vermont's 92% wholesale tax pushes prices well above the national average:
| Product | Price Range |
|---|---|
| Disposable vape | $18-$30 |
| Refillable pod system | $35-$60 |
| Box mod kit | $55-$100 |
| 30mL e-liquid | $20-$32 |
| 100mL e-liquid | $28-$42 |
| Nicotine salt 30mL | $20-$32 |
| Replacement coils (5-pack) | $16-$22 |
These prices are significantly higher than low-tax or no-tax states like New Hampshire (8% wholesale tax) right next door. Many Vermont vapers cross the border to buy in New Hampshire at much lower prices.
The Online Sales Ban
Unlike most states, Vermont completely prohibits buying vaping products online. Under Act 22 (7 V.S.A. Section 1010), mail-order, phone-order, and internet sales of tobacco substitutes are restricted to transactions between licensed wholesalers and retailers only.
The Attorney General's office enforces this aggressively:
- $400,000 settlement with Amazon (October 2024) for selling vaping products to Vermont consumers
- Over $942,000 in total settlements collected from non-compliant online retailers
- Criminal penalties possible -- up to 5 years imprisonment or $5,000 fine per violation
- Civil penalties -- up to $5,000 per shipment
Where Can You Vape in Vermont?
Vermont has a statewide indoor vaping ban enacted through Act 135 (2014) and strengthened by Act 108 (2016). E-cigarettes are restricted everywhere smoking is prohibited.
Where Vaping Is Prohibited
- All enclosed indoor workplaces
- Restaurants, cafes, and food courts (indoor areas)
- Bars and taverns (indoor, no exemptions)
- Retail stores and shopping centers
- Hotels and lodging
- Government buildings and state-owned property grounds
- Healthcare facilities and hospitals
- Schools and childcare facilities (including grounds)
- Licensed afterschool programs and family care homes
- Within 25 feet of state-owned buildings
- Inside vehicles occupied by anyone under 18
- Public transportation
Where Vaping Is Permitted
- Outdoors (beyond 25 feet from state-owned buildings, unless local restrictions apply)
- Private residences (unless used as a licensed childcare facility)
- Private vehicles (without anyone under 18 present)
- Licensed tobacco/vape shops (may permit on-site use)
University Campuses
- University of Vermont -- Tobacco and smoke-free campus including vapes
- Middlebury College -- Smoke/vape-free campus
- Vermont State University -- Tobacco-free policy including e-cigarettes
- Most Vermont colleges have adopted tobacco-free campus policies that include vaping
Penalties for Violating Vermont's Vaping Laws
Retailer Violations: Underage Sales
| Offense | Fine | Additional Penalty |
|---|---|---|
| 1st offense | Up to $100 | None |
| Subsequent offenses | Up to $500 each | License suspension possible |
Compliance Test Violations (within 6-month window)
| Number of Violations | License Suspension |
|---|---|
| 2 violations | 2 weekdays |
| 3 violations | 15 days |
| 4 violations | 90 days |
| 5+ violations | Up to 1 year |
Online/Mail-Order Sales Violations
| Violation | Penalty |
|---|---|
| Criminal penalty | Up to 5 years imprisonment or $5,000 fine |
| Civil penalty | Up to $5,000 per shipment |
| AG enforcement | Injunctions and cost recovery |
Operating Without a License
| Offense | Fine |
|---|---|
| 1st offense | Up to $200 |
| Subsequent offenses | Up to $500 |
Minor Possession and Misrepresentation
| Violation | Penalty |
|---|---|
| Possession by person under 21 | $25 civil penalty, immediate confiscation |
| Misrepresenting age with false ID | Up to $50 fine or 10 hours community service |
Contraband Tobacco
| Violation | Penalty |
|---|---|
| Possession of contraband tobacco | $500-$1,000 fine |
Taxes and Costs
Vermont's 92% Wholesale Excise Tax
Vermont imposes a 92% tax on the wholesale price of all tobacco substitutes, including e-cigarettes and e-liquids. This was enacted under Act 28 in 2019.
| Tax | Rate |
|---|---|
| Excise tax (Act 28) | 92% of wholesale price |
| State sales tax | 6% |
| Local option tax | 1% (select municipalities) |
| Total tax burden | 92% excise + ~6%-7% sales tax |
How Vermont Compares on Tax
| State | Vape Tax Rate | Type |
|---|---|---|
| Minnesota | 95% wholesale | Highest |
| Vermont | 92% wholesale | 2nd highest |
| Washington | 95% wholesale (open) / flat rate (closed) | Tied highest |
| Massachusetts | 75% wholesale | 4th highest |
| Colorado | 56% manufacturer's list price | High |
| New Hampshire | 8% wholesale (open) | Very low |
Vermont's tax is applied at the wholesale level, paid by wholesale dealers, and passed through to consumers in the retail price. The tax applies to all e-cigarette devices, e-liquids, cartridges, and related components.
Enforcement Reality
How Strictly Are Laws Enforced?
Vermont takes tobacco and vaping enforcement seriously, with multiple agencies conducting oversight:
- Annual compliance checks -- The Department of Liquor and Lottery's Office of Compliance and Enforcement (OCE) conducts underage compliance checks on all tobacco licensees on a consistent basis, often using 17-year-old decoys
- FDA-contracted inspections -- Vermont DLL investigators also conduct FDA-sponsored retail tobacco compliance inspections under a federal contract
- High compliance rate -- Vermont reports over 90% retailer compliance in underage sales checks
- Real-time tracking -- The state uses an interactive dashboard called projectRABIT instead of monthly compliance reports
- Online sales crackdowns -- The Attorney General's office has been particularly aggressive, securing over $942,000 in settlements from online retailers
Reporting Violations
You can report tobacco and vaping violations to the Vermont Department of Health's Smoking Violations Team at 802-489-7344 or through the Vermont Attorney General's underage vaping report form.
Vermont vs. Nearby New England States
| Feature | Vermont | New Hampshire | Massachusetts | New York |
|---|---|---|---|---|
| Flavor Ban | No (vetoed) | No | Yes (statewide) | Yes (excl. tobacco/menthol) |
| Indoor Ban | Yes (statewide) | Partial | Yes (statewide) | Yes (statewide) |
| Vape Tax | 92% wholesale | 8% wholesale (open) | 75% wholesale | 20% supplemental sales |
| Online Sales | Banned | Legal with age verification | Restricted | Banned (liquid products) |
| Age | 21 | 21 | 21 | 21 |
| Product Directory | No | No | No | Yes |
| Military Exception | No | No | No | No |
Vermont stands out for having no flavor ban but the second-highest tax in the country. Compared to New Hampshire next door, Vermont vapers pay dramatically more for the same products. Massachusetts bans flavors entirely but has a slightly lower tax rate. New York requires products to be on a state directory list.
Nicotine Alternatives
When you can't vape in Vermont (indoors at restaurants, bars, workplaces, or on state property), these alternatives can help:
- Nicotine pouches (ZYN, Rogue, On!) -- Legal everywhere, no indoor use restrictions, but subject to the 92% wholesale tax as tobacco substitutes
- Nicotine gum -- Available at pharmacies and convenience stores without the excise tax
- Nicotine lozenges -- Discreet option for indoor settings, available over the counter
- Nicotine patches -- Long-lasting, no visible use, widely available at Vermont pharmacies
Note that nicotine pouches are classified as tobacco substitutes in Vermont and are subject to the same 92% tax and retailer licensing requirements as vaping products.
Vermont Vaping Laws: Key Takeaways
- Statewide indoor vaping ban -- Act 108 bans vaping everywhere smoking is prohibited, including all indoor public places, workplaces, and within 25 feet of state buildings
- 92% wholesale excise tax -- Second highest vape tax in the nation, behind Minnesota and Washington (both 95%)
- No flavor ban -- Governor Scott vetoed S.18 in April 2024, citing inconsistency with flavored cannabis and alcohol policies
- Online sales completely banned -- No mail, phone, or internet purchases to consumers; the AG has collected over $942,000 in enforcement settlements
- 21+ age requirement -- No military or parental consent exceptions
- Mandatory dual licensing -- Retailers need a Tobacco License ($110) and a Tobacco Substitute Endorsement ($50) annually
- Flavor ban will likely return -- Both legislative chambers passed it by wide margins; the veto was the only barrier
- No state product directory for vapes -- Vermont does not require vaping products to be on an approved list
- Aggressive enforcement -- Annual compliance checks, FDA-contracted inspections, and real-time tracking through projectRABIT
- Vaping in vehicles with minors prohibited -- Using e-cigarettes in a car with anyone under 18 is illegal in Vermont
References
- Vermont Department of Health -- Policies and Laws
- Vermont Statutes Title 7, Chapter 40 -- Tobacco Products
- Vermont Department of Taxes -- Cigarette and Tobacco Products Tax
If you're traveling through Vermont, 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.