Is vaping legal in Washington state?

Yes. Vaping is legal for adults 21+ in Washington, but the state just imposed a 95% excise tax on all nicotine-containing vapor products effective January 1, 2026. There's no statewide indoor ban, but most major cities including Seattle, Tacoma, and Spokane ban indoor vaping through local ordinances.

What is Washington's vape tax in 2026?

As of January 1, 2026, Washington charges a 95% excise tax on the selling price of all nicotine-containing vapor products under SB 5814. This replaced the previous volume-based tax ($0.27/mL). A $7 product now costs approximately $15 after excise and sales taxes, making Washington one of the most expensive states for vaping.

Can you vape indoors in Washington?

It depends on where you are. Washington has no statewide indoor vaping ban, but most major counties and cities, including King County (Seattle), Pierce County (Tacoma), and Spokane County, have adopted local indoor vaping bans covering public places, workplaces, restaurants, and bars. Check local rules before vaping indoors.

Are flavored vapes legal in Washington?

At the state level, yes. Washington has no statewide flavor ban despite multiple legislative attempts (all failed in 2025). However, Seattle banned flavored vaping products in September 2019, so flavored vapes are unavailable within city limits. Outside Seattle, all flavors remain legal.

Can you buy vapes online in Washington?

Yes, but delivery sales are heavily regulated. Online sellers must hold a delivery sale license ($250), verify age through a third-party database, only accept payment via a credit or debit card in the buyer's name, and require an adult signature at delivery. The AG's office actively pursues violations.

Does Washington have a military exception for vape purchases?

No. Washington's Tobacco 21 law (effective January 1, 2020) provides no military exemption. All persons must be 21 to purchase vapor products regardless of military status. This aligns with the federal Tobacco 21 law.

Can You Vape in Washington State? 2026 Laws, 95% Tax & Seattle Flavor Ban

Can You Vape in Washington State? The Short Answer

Yes, but the 2026 tax increase has fundamentally changed the cost equation. Washington's vaping scene shifted dramatically on January 1, 2026:

95% excise tax on all nicotine vapor products (SB 5814, effective January 2026)
No statewide indoor vaping ban - But most major cities ban it locally
No statewide flavor ban - Multiple 2025 attempts failed
Seattle bans flavored vapes - The only major city with a local flavor ban
21+ age requirement - No military exception
No product directory - No state approval list required
Online sales legal but heavily regulated with age verification

Washington went from a moderately taxed state to one of the most expensive places to vape in America overnight. The 95% tax is under legal challenge but remains in effect. For how Washington compares nationally, see our states banning vapes guide.

US Vaping Laws

View Interactive US Map

See how Washington's laws compare across all 50 states

Washington's Vaping Laws: The Legal Framework

Washington regulates vapor products under RCW Chapter 70.345, enacted in 2016 and amended significantly through 2025.

Key Legislation

Law	Year	Effect
ESSB 6328	2016	Established vapor products regulatory framework (licensing, age limits, labeling)
EHB 1873	2019	Created volume-based vapor excise tax ($0.27/mL and $0.09/mL tiers)
EHB 1074	2019	Raised minimum age to 21 (Tobacco 21)
Executive Order 19-03	2019	Temporary flavor ban (Oct 2019 - Feb 2020, expired)
SB 5814	2025	Expanded tobacco products tax to all nicotine products at 95%
HB 1203 / SB 5183	2025	Proposed statewide flavor ban (all failed)

Regulatory Bodies

Liquor and Cannabis Board (LCB) - Primary regulator, licensing, compliance checks
Department of Health (DOH) - Public health authority, prevention programs
Department of Revenue (DOR) - Tax administration, 95% excise tax collection
Attorney General's Office - Consumer protection, online sales enforcement
Local health departments - Enforce local indoor vaping bans

What's Legal vs. Illegal

Legal:

All vaping devices (refillable, pod systems, box mods, disposables)
All flavored e-liquids (at the state level, except in Seattle)
All nicotine strengths (no state cap)
Online purchases with age verification and delivery sale license
Purchasing from licensed retailers at age 21+

Illegal:

Selling vapor products to anyone under 21
Products containing vitamin E acetate (permanently banned since 2019)
Selling without a valid LCB license
Self-service displays (except in 21+ only premises)
Selling flavored vapes in Seattle

The 95% Tax: What Happened on January 1, 2026

The biggest story in Washington vaping is SB 5814, signed by Governor Bob Ferguson in 2025. It fundamentally changed how vapor products are taxed.

Before vs. After

	Before (2019-2025)	After (January 1, 2026)
Tax type	Volume-based	Value-based
Rate	$0.27/mL (most products)	95% of selling price
A $7 product costs	~$8-9 after tax	~$15 after tax
Legal basis	RCW 82.25 (Vapor Products Tax)	Tobacco Products Tax (OTP)

How It Happened

SB 5814 expanded the definition of "tobacco products" for tax purposes to include all products containing nicotine, whether derived from tobacco or created synthetically. This brought vapor products under the existing 95% Other Tobacco Products (OTP) tax.

Expected revenue: Over $55 million in FY2027, rising to $67 million by FY2031.

The Legal Challenge

Vape retailers and the WA Smoke Free Association challenged the tax, arguing SB 5814 was intended to target nicotine pouches (like ZYN), not vapor products. They claim the DOR unlawfully applied the 95% OTP tax to vapes without amending the separate vapor tax statute.

A judge denied the injunction to stop the tax from taking effect, so it remains in force while litigation continues.

Price Impact

Product	Pre-2026 Price	Post-2026 Estimated Price
Disposable vape	$10-$18	$20-$35
Refillable pod system	$25-$45	$50-$88
30mL e-liquid	$14-$22	$27-$43
100mL e-liquid	$18-$30	$35-$59

What Can You Buy in Washington?

Statewide (Outside Seattle)

Washington has no product directory and no statewide flavor ban, so the market remains open, just expensive.

Devices:

Disposable vapes (all brands)
Pod systems (SMOK, Vaporesso, Uwell, 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 Seattle (Local Flavor Ban)

Since September 2019, Seattle bans the sale and distribution of flavored vaping products:

Banned: All flavored vaping products
Legal: Tobacco-flavored products, unflavored products, all hardware

Where Can You Vape in Washington?

Washington has no statewide indoor vaping ban, but the practical reality depends heavily on where you are.

State-Level Indoor Restrictions

The Washington Clean Indoor Air Act (RCW 70.160) has not been amended to include vapor products. State-level restrictions are limited to:

Child care facilities
Schools and school buses
Playgrounds
Elevators

Local Indoor Vaping Bans

RCW 70.345.210 explicitly empowers local governments to adopt stricter rules. Most major jurisdictions have done so:

Jurisdiction	Indoor Vaping Ban	Buffer Zone
King County (Seattle)	Yes - all public places, workplaces, bars, restaurants	25 feet from entrances
Pierce County (Tacoma)	Yes - indoor public places	Varies
Spokane County	Yes - extended clean air rules to vaping	Varies
Snohomish County	Yes - indoor public places	Varies
Clark County	Yes	Varies
Skagit County	Yes	Varies
Whatcom County	Yes	Varies

Where Vaping Is Generally Permitted

Outdoors (unless local restrictions apply)
Private residences and vehicles
Vape shops (licensed premises, age-restricted)
Indoor public places in rural areas without local bans (verify locally)

Bottom Line for Travelers

If you're visiting Seattle, Tacoma, Spokane, or any other major city, assume indoor vaping is banned. The no-statewide-ban statistic is misleading because local ordinances cover the vast majority of the population.

Penalties for Violating Washington's Vaping Laws

Underage Sales (Escalating)

Offense	Fine	Additional Penalty
1st violation	$200	Warning
2nd violation	$600	-
3rd violation	$2,000	6-month license suspension
4th violation	$3,000	12-month license suspension
5th+ violation	-	License revocation for 5 years

Online/Delivery Sales Violations (RCW 70.345.090)

Violation	Penalty
Knowing violation	Class C felony, max fine $5,000
Civil penalty	Up to $5,000 per violation

Operating Without a License

Class C felony

Enforcement Reality

Washington has multi-layered enforcement that's moderately active:

LCB conducts regular compliance checks and youth access sting operations, published on their public dashboard
Attorney General swept 148 online sellers, catching 5 companies that paid a combined $132,000 in penalties for violating age verification
FDA conducts separate federal compliance inspections
Local health departments enforce indoor vaping bans

The AG's office has been particularly aggressive on online sales enforcement, making Washington one of the tougher states for internet vape sellers.

Taxes and Costs

Tax Breakdown (Effective January 1, 2026)

Tax	Rate
State nicotine products excise tax	95% of selling price
State sales tax	6.5%
Local sales tax	0.5%-4.0% (varies by city)
Total effective tax	95% excise + ~7%-10.5% sales tax

Licensing Fees

License Type	Fee
Vapor product retailer	Varies (contact LCB)
Vapor product distributor	$150 first location + $100 each additional
Delivery sale license	$250

Washington vs. Other Western States

State	Flavor Ban	Directory	Indoor Ban	Vape Tax	Age	Military Exception
Washington	Seattle only	No	Local only	95% selling price	21	No
California	Statewide (2022)	No	Yes (statewide)	12.5% retail	21	No
Oregon	Statewide	No	Yes (statewide)	65% wholesale	21	No
Nevada	No	No	No statewide	30% wholesale	21	No
Alaska	No	No	Varies locally	None	21	No

Washington's 95% tax makes it the most expensive western state for vaping, surpassing even California and Oregon.

Nicotine Alternatives

When you can't vape (indoors at most Washington restaurants, bars, and workplaces, or when the tax makes it unaffordable), these alternatives work:

Nicotine pouches (ZYN, Rogue, On!) - Legal everywhere, but also subject to the 95% tax in WA
Nicotine gum - Available at pharmacies and convenience stores
Nicotine lozenges - Discreet option for indoor settings
Nicotine patches - Long-lasting, no visible use

Washington Vaping Laws: Key Takeaways

95% excise tax effective January 2026 - SB 5814 made Washington one of the most expensive states to vape, roughly doubling the cost of most products
No statewide indoor vaping ban - But most major cities (Seattle, Tacoma, Spokane) ban indoor vaping through local ordinances
No statewide flavor ban - All three 2025 legislative attempts failed
Seattle bans flavored vapes - The only major city with a local flavor ban (since September 2019)
21+ age requirement - No military exception under state or federal law
No product directory - Washington doesn't require products to be on a state-approved list
Online sales are legal but strictly regulated - Delivery sale license, age verification database, and adult signature required
AG actively enforces online sales - 148-company sweep resulted in $132,000 in penalties
Tax under legal challenge - Retailers argue SB 5814 was overextended to cover vapes, but a judge denied an injunction
No device or nicotine concentration restrictions - All device types and strengths permitted (vitamin E acetate is the sole banned ingredient)

References

If you're flying into Washington, 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.