VirginiaCan You Buy Vapes in Virginia? The Short Answer
Yes, and the market is currently more open than the legislature intended. Virginia passed major vaping restrictions in 2024, but a federal court injunction is blocking the key provisions:
- Product directory created but NOT enforced - Federal court blocked it in December 2025
- Online sales banned - Direct-to-consumer internet/mail-order prohibited since 2024
- Transaction limits - Max 2 devices + 5 liquid nicotine packages per purchase
- No statewide indoor vaping ban - Virginia Indoor Clean Air Act doesn't cover vaping
- 21+ with military exception - Active duty 18-20 can purchase with military ID
- $0.11/mL excise tax - Increased from $0.066/mL in July 2024
- No new vape shops near schools - 1,000-foot buffer zone since July 2024
Virginia is an interesting contradiction. America's original tobacco state is trying to heavily regulate vaping, but its directory law keeps getting blocked in court. For a comparison with other directory states, see our states banning vapes guide.
Virginia's Vaping Laws: The Legal Framework
Virginia rewrote its vaping rules in 2024-2025, creating one of the most layered regulatory frameworks in the country.
Key Legislation
| Law | Year | Effect |
|---|---|---|
| SB 550 / HB 1069 | 2024 | Created Liquid Nicotine & Nicotine Vapor Product Directory |
| SB 582 | 2024 | Banned online sales, vending machines, created retail licensing |
| Excise tax increase | July 2024 | Tax raised from $0.066/mL to $0.11/mL |
| Proximity restrictions | July 2024 | No new vape shops within 1,000 ft of schools |
| SB 1060 | March 2025 | Re-criminalized underage possession, began transition to ABC enforcement |
| Federal court injunction | Dec 2025 | Blocked directory enforcement pending appeal |
Regulatory Bodies
- Virginia Attorney General's Office - Product directory, compliance inspections
- Virginia Department of Taxation - Excise tax, retail licensing
- Virginia Alcoholic Beverage Control Authority (ABC) - Transitioning into enforcement role
- Local law enforcement - Underage sales, local ordinances
- FDA - Federal compliance inspections
Timeline: Virginia's 2024-2025 Overhaul
| Date | Event |
|---|---|
| 2024 session | SB 550, SB 582 signed by Governor Youngkin |
| July 1, 2024 | Online sales ban, licensing requirement, proximity restrictions take effect |
| July 1, 2024 | Excise tax increases to $0.11/mL |
| July 1, 2025 | Manufacturer certification deadline for product directory |
| March 2025 | SB 1060 re-criminalizes underage possession |
| December 31, 2025 | Directory scheduled to be published |
| December 18, 2025 | Federal court issues preliminary injunction blocking directory enforcement |
The Virginia Product Directory: What Happened
Virginia's directory is modeled after systems in Wisconsin and North Carolina, but it's currently stalled.
How It Was Supposed to Work
- Manufacturers certify each product with the Attorney General's Office
- Certification fee: $2,000 per product (initial), $500 annual renewal
- Products qualify if they have FDA marketing authorization, were marketed before August 8, 2016, or have a pending PMTA
- Directory published - Only listed products legal to sell
- 60-day sell-through for non-listed inventory
- Penalty: $1,000 per day per unlisted product offered for sale
Why the Directory Would Be a De Facto Flavor Ban
The directory's requirements end up favoring only a handful of products:
| Status | Products |
|---|---|
| FDA-authorized e-cigarettes | NJOY Daily, NJOY Ace, Vuse Solo, Vuse Alto (tobacco/menthol only), Logic, JUUL (tobacco/menthol) |
| Flavored products with FDA authorization | Almost none |
| Independent/small brand products | Most would not qualify |
Since nearly all FDA-authorized products are tobacco or menthol flavored, the directory would eliminate most flavored options.
The Federal Court Injunction
In Nova Distro, Inc. v. Miyares (E.D. Va., No. 3:25-cv-857), two Virginia vape businesses challenged the directory law. On December 18, 2025, the federal court granted a preliminary injunction, blocking enforcement while the case moves to the Fourth Circuit Court of Appeals.
Current status: The directory exists on paper but cannot be enforced. Most vaping products remain available for sale in Virginia.
Virginia vs. Other Directory States
| Feature | Virginia | Wisconsin | North Carolina | Florida |
|---|---|---|---|---|
| Directory type | Approved-list (enjoined) | Approved-list (active) | Approved-list (active) | Banned-list (active) |
| Current enforcement | Blocked by court | Active since Sept 2025 | Active since July 2025 | Active since March 2025 |
| Products listed | N/A (enjoined) | ~284 | ~800 | Banned products only |
| Market impact | Minimal (for now) | Severe | Severe | Moderate |
| Certification fee | $2,000/product | Varies | Varies | N/A |
What Can You Buy in Virginia?
Because the directory is currently enjoined, Virginia's market remains relatively open.
Currently Available (Directory Injunction in Effect)
Devices:
- Disposable vapes (all brands still available)
- Pod systems (SMOK, Vaporesso, Uwell, GeekVape, etc.)
- Box mod kits (all brands)
- 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
Transaction Limits (Currently Enforced)
Virginia is one of the few states with per-transaction purchase limits:
| Product | Maximum Per Transaction |
|---|---|
| Nicotine vapor devices | 2 |
| Liquid nicotine bottles/packages | 5 |
These limits are designed to prevent bulk purchasing for resale and apply at every retail location.
What You Can't Buy
- Online: Direct-to-consumer internet and mail-order sales are banned. You cannot order vapes online for delivery to a Virginia address
- Vending machines: Vape sales from vending machines are prohibited
- Near schools: No new vape shops can open within 1,000 feet of schools, child day centers, playgrounds, or youth facilities (existing shops grandfathered)
Expected Prices
| Product | Price Range |
|---|---|
| Disposable vape | $12-$22 |
| Refillable pod system | $28-$48 |
| Box mod kit | $45-$85 |
| 30mL e-liquid | $16-$24 |
| 100mL e-liquid | $20-$32 |
| Nicotine salt 30mL | $16-$26 |
| Replacement coils (5-pack) | $12-$18 |
Virginia's prices are slightly higher than states with no excise tax (like Texas and Florida) but lower than high-tax states like Pennsylvania.
Where Can You Vape in Virginia?
Virginia is one of the few states without a statewide indoor vaping ban. The Virginia Indoor Clean Air Act only covers combustible tobacco. It does not apply to electronic vaping devices.
What the Law Says
The Virginia Indoor Clean Air Act (Section 15.2-2820) defines "smoking" as "the carrying or holding of any lighted pipe, cigar, or cigarette." This combustion-based definition excludes vaping.
Where Vaping Is Restricted
Despite no statewide ban, vaping is restricted in specific settings:
- Schools - School boards must prohibit vaping on school property, buses, and at school-sponsored events
- State parks - Vaping prohibited in structures and areas where smoking is prohibited
- Most universities - Virginia Tech, UVA, VCU, and others have adopted tobacco/vape-free campus policies
- Government buildings - Many have adopted no-vaping policies
- Hospitals and healthcare facilities - Most prohibit vaping on property
Where Vaping Is Generally Permitted
- Most indoor public spaces - Unless the business has its own policy
- Restaurants and bars - Allowed unless the establishment prohibits it
- Hotels - Depends on hotel policy
- Outdoors - Generally permitted
- Private residences and vehicles
Local Authority
Virginia municipalities can enact their own stricter indoor vaping ordinances. Some already have, so check local rules before vaping indoors.
City-Specific Restrictions
| City/County | Notable Restrictions |
|---|---|
| Richmond | 1,000-foot buffer from daycares, schools, parks, libraries, churches for new vape shops; "Operation Vaporize" shut 18 shops in Dec 2025 |
| Henrico County | 1,000-foot school buffer, 2,000-foot buffer from churches, parks, daycares for new shops |
| Hanover County | Distance requirements from youth-oriented facilities |
| Loudoun County | Active compliance checks, 12 of 31 shops cited in August 2025 |
Penalties for Violating Virginia's Vaping Laws
Underage Sales (Va. Code Section 18.2-371.2)
Escalating penalties within a 36-month period:
| Offense | Penalty |
|---|---|
| First offense | $1,000 fine |
| Second offense | $5,000 fine |
| Third offense | $10,000 fine + 30-day license suspension |
| Fourth offense | License revocation + 3-year ban from new license |
Product Directory Violations (Currently Enjoined)
| Violation | Penalty |
|---|---|
| Selling unlisted product (once enforced) | $1,000 per day per product |
| Failing to cooperate with audit/inspection | $1,000 per day |
Other Violations
| Violation | Penalty |
|---|---|
| Operating without retail license | Up to $400 per location |
| Selling liquid nicotine without child-resistant packaging | Class 4 misdemeanor |
| Exceeding transaction limits | Subject to enforcement action |
Enforcement Reality
Virginia's enforcement ramped up hard in 2025:
- Operation Magic Dragon (October 2025): Statewide crackdown by Virginia State Police identified 172 locations involved in criminal activity, seizing 21 illegal firearms, 248+ pounds of marijuana, and $730,888 in illegal vape products
- Operation Vaporize (December 2025): Richmond inspected 30 vape shops, found 274 code violations, closed 18 shops, seized 31 firearms and 100+ pounds of marijuana
- Virginia ABC inspections increased 32% from Q4 2024 to Q1 2025
- Loudoun County ran two rounds of compliance checks: 44% failure rate in 2024, 39% in 2025
- The Attorney General's office conducts scheduled and unscheduled compliance checks
Taxes and Costs
Tax Breakdown
| Tax | Rate |
|---|---|
| State vapor excise tax | $0.11/mL (effective July 2024) |
| Previous excise rate | $0.066/mL (July 2022 - June 2024) |
| State sales tax | 5.3% |
| Local sales tax | 0%-1% additional (varies) |
| Total tax | $0.11/mL excise + ~5.3%-6.3% sales tax |
Retail Licensing
| Requirement | Cost |
|---|---|
| Liquid Nicotine & Nicotine Vapor Products License | $400 application fee |
Retailers already holding a cigarette or OTP distributor's license may be exempt from the separate vape license.
Virginia: Tobacco Country's Complicated Relationship with Vaping
Virginia's vaping policies don't make sense without the tobacco backstory. Tobacco has been central to this state since colonial times, and Altria Group (parent of Philip Morris, NJOY, and former JUUL investor) is still headquartered in Richmond.
The Industry Connection
- Altria maintains the most state-level lobbying registrations of any tobacco company nationally
- NJOY (owned by Altria) is one of the few brands with FDA marketing authorization
- Philip Morris still operates a major manufacturing plant in South Richmond
- Critics have called the directory law a mechanism that channels the market toward major tobacco company products while eliminating independent businesses
What This Means for Vapers
If the product directory is ever enforced, it would mostly benefit Altria (NJOY), R.J. Reynolds (Vuse), JUUL, and Logic while wiping out most independent brands. Consumer advocacy groups like CASAA have called it the "Joe Camel Protection Act."
Virginia vs. Other Mid-Atlantic States
| State | Directory | Flavor Ban | Indoor Ban | Vape Tax | Age | Military Exception | Online Sales |
|---|---|---|---|---|---|---|---|
| Virginia | Yes (enjoined) | De facto (enjoined) | No statewide | $0.11/mL | 21 | Yes (18+) | Banned |
| Maryland | No | No | Yes | 60% wholesale | 21 | No | Restricted |
| North Carolina | Yes (active) | No | No statewide | $0.05/mL | 21 | No | Restricted |
| West Virginia | No | No | Limited | $0.075/mL | 21 | No | Permitted |
| Pennsylvania | No | No | Limited | $0.40/mL | 21 | No | Permitted |
Virginia's directory approach, online sales ban, and transaction limits make it one of the most heavily regulated mid-Atlantic states, even without a statewide indoor ban.
Nicotine Alternatives
When you can't vape (Virginia schools, state parks, smoke-free campuses, or when you've hit transaction limits), these alternatives work:
- Nicotine pouches (ZYN, Rogue, On!) - Available everywhere, no restrictions
- Nicotine gum - Widely available at pharmacies
- Nicotine lozenges - Discreet for any setting
- Nicotine patches - Long-lasting, no visible use
Virginia Vaping Laws: Key Takeaways
- Product directory created but blocked - A federal court injunction (December 2025) prevents enforcement of Virginia's approved-list directory
- Online sales banned - No direct-to-consumer internet or mail-order vape sales since 2024
- Transaction limits enforced - Maximum 2 devices + 5 liquid nicotine packages per purchase
- No statewide indoor ban - Virginia Indoor Clean Air Act doesn't cover vaping
- $0.11/mL excise tax - Increased from $0.066/mL in July 2024
- 21+ with military exception - Active duty 18-20 can purchase with valid military ID
- Enforcement crackdowns in 2025 - Operations Magic Dragon and Vaporize shut dozens of shops
- 1,000-foot school buffer - No new vape shops near schools or youth facilities
- Tobacco industry influence - Altria (Philip Morris, NJOY) is headquartered in Richmond and has a heavy hand in shaping policy
- Market currently open - While the directory injunction holds, most vaping products remain available statewide
References
- Virginia Code Chapter 23.2 — Retail Tobacco Products and Nicotine Vapor Products
- Virginia Attorney General — Liquid Nicotine & Nicotine Vape Product Directory
- Virginia Department of Taxation — Liquid Nicotine License
If you're flying into Virginia, 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.