WisconsinCan You Buy Vapes in Wisconsin? The Short Answer
Yes, but only products on Wisconsin's Electronic Vaping Device Directory. Since September 1, 2025, the state has restricted vape sales to a limited list of approved products:
- Only ~284 products on the directory are legal to sell
- Major brands available: NJOY, Vuse, JUUL, Logic
- No statewide indoor vaping ban (but 39 cities have local bans)
- $0.05/mL tax - one of the lowest vape taxes in the US
- Federal age of 21+ applies (state law still says 18)
- Retailers face $1,000/day fines per unlisted product sold
- No flavor ban on paper, but directory limits options to mostly tobacco/menthol
Wisconsin's directory system dramatically reduced available products overnight. Most gas station disposables and online-only brands are no longer legal to sell in the state.
Wisconsin's Vaping Laws: The Legal Framework
Wisconsin's vaping landscape changed dramatically with Act 73, signed into law in early 2025.
Key Legislation
| Law | Year | Effect |
|---|---|---|
| Act 260 | 2019 | Set state purchase age to 18, defined vaping products |
| Federal T21 | 2019 | Federal age raised to 21 (supersedes state) |
| Act 73 | 2025 | Created Electronic Vaping Device Directory |
| Directory enforcement | Sept 1, 2025 | Retailers restricted to listed products only |
How the Directory Works
The Electronic Vaping Device Directory operates similarly to tobacco product directories in other states:
- Manufacturers apply to the Wisconsin Department of Revenue
- Products are reviewed for compliance with state and federal law
- Approved products are listed on the public directory
- Retailers check the directory before stocking products
- Non-listed products are illegal to sell
What's Legal vs. Illegal
Legal:
- Vaping products listed on the Electronic Vaping Device Directory
- Purchasing from licensed retailers (21+)
- Possessing and using vaping products (any age 18+ for possession)
- Flavored products IF they are on the directory
- Online purchases of directory-listed products with age verification
Illegal:
- Selling any product NOT on the directory
- Selling to anyone under 21 (federal law)
- Manufacturing or distributing unregistered products in WI
- Selling products that haven't completed the application process
What Can You Buy in Wisconsin?
Products on the Directory (~284 as of January 2026)
The directory primarily includes products from major manufacturers who have submitted FDA PMTAs or are in the application process:
Available Brands:
- NJOY - Ace device, Daily disposables (tobacco, menthol)
- Vuse - Alto, Ciro, Solo, Vibe (tobacco, menthol, limited flavors)
- JUUL - Device, Virginia Tobacco pods, Menthol pods
- Logic - Power, Pro (tobacco, menthol)
Product Types Available:
- Closed pod systems
- Limited disposable options (NJOY Daily, select Vuse)
- Replacement pods and cartridges
What's NOT Available
The directory effectively eliminates:
- Most Chinese-manufactured disposable brands (Elf Bar, Lost Mary, Geek Bar, etc.)
- Small-batch e-liquid companies
- Most refillable device brands
- Most flavored options beyond tobacco and menthol
- Convenience store/gas station disposables from unregistered brands
Flavor Availability
While Wisconsin has no explicit flavor ban, the directory reality means:
| Flavor Category | Availability |
|---|---|
| Tobacco | Widely available (most directory products) |
| Menthol | Available (JUUL, Vuse, NJOY) |
| Mint | Very limited |
| Fruit | Extremely limited (some Vuse options) |
| Dessert/Candy | Not currently on directory |
| Unflavored | Available in some refillable liquids |
Where Can You Vape in Wisconsin?
Wisconsin is notably one of the few states without a comprehensive statewide indoor vaping ban.
Statewide Rules
- No statewide indoor vaping ban exists
- Smoking is banned in enclosed workplaces and public places under the state Clean Indoor Air Law, but vaping was NOT included
- Individual businesses can set their own policies
- State buildings and facilities generally prohibit vaping
Municipal Bans (39 cities/counties)
The following major municipalities have enacted their own indoor vaping restrictions:
| Municipality | Restriction |
|---|---|
| Milwaukee | Indoor vaping banned in workplaces, restaurants, bars |
| Madison | Indoor ban in all public places |
| Green Bay | Indoor ban in enclosed public spaces |
| Kenosha | Indoor ban aligned with smoking laws |
| Racine | Indoor ban in public places |
| Appleton | Indoor ban in workplaces |
| Eau Claire | Indoor ban in all public spaces |
| La Crosse | Indoor ban in enclosed areas |
Where Vaping Is Generally Permitted (No Local Ban)
- Outdoors (statewide)
- Private residences
- Private vehicles
- Bars and restaurants without local ordinances
- Vape shops (allowed to have sampling areas in some areas)
- Hotels with smoking rooms
Penalties for Violating Wisconsin's Vaping Laws
Retailer Penalties
| Violation | Penalty |
|---|---|
| Selling non-directory product | $1,000/day per product |
| First underage sale | $100-$500 fine |
| Second underage sale (within 12 months) | $200-$1,000 + possible license suspension |
| Third underage sale (within 12 months) | $500-$5,000 + license revocation |
| Operating without license | Up to $1,000 |
December 2025 Enforcement Wave
Wisconsin made national news in December 2025 when the Department of Revenue issued $12.4 million in fines to retailers across the state for directory violations. This signaled a major enforcement escalation:
- Over 200 retailers cited
- Most violations were for selling popular disposable brands not on the directory
- Several retailers had licenses suspended
- Gas stations and convenience stores were primary targets
Consumer Penalties
- No penalty for possessing non-directory products
- No penalty for using any vaping product
- Penalties only apply to sellers, not buyers
- Minors face confiscation and possible referral to municipal court
Taxes and Costs
Wisconsin has one of the lowest vape tax rates in the country.
Tax Breakdown
| Tax | Rate |
|---|---|
| State excise tax | $0.05 per mL of e-liquid |
| State sales tax | 5% |
| County sales tax | 0.5% (most counties) |
| Stadium tax (Milwaukee area) | 0.1% |
| Total tax on a 30mL bottle | ~$1.50 excise + ~5.5% sales tax |
Expected Prices
| Product | Price Range |
|---|---|
| JUUL pod pack (2 pods) | $15-$22 |
| Vuse Alto pod pack | $14-$20 |
| NJOY Daily disposable | $8-$12 |
| NJOY Ace pod pack | $12-$18 |
| Logic Pro capsule | $10-$16 |
Prices in Wisconsin are significantly lower than high-tax states like California or New York due to the minimal excise tax.
Wisconsin vs. Other Midwest States
| State | Directory | Flavor Ban | Indoor Ban | Vape Tax | Age |
|---|---|---|---|---|---|
| Wisconsin | Yes (~284 products) | No | No statewide | $0.05/mL | 21 (federal) |
| Minnesota | No | No (proposed) | Yes | 95% wholesale | 21 |
| Illinois | No | No | Yes | $0.05/mL + 20% retail | 21 |
| Michigan | No | Yes (2019, overturned) | Yes | 12% wholesale | 21 |
| Iowa | No | No | Yes | No excise | 21 |
| Indiana | No | No | Yes (partial) | $0.15/mL | 21 |
Wisconsin is unique in the Midwest for having a directory system but no indoor ban, and maintains one of the region's lowest tax rates.
Wisconsin Vaping Laws: Key Takeaways
- Directory system limits products - Only ~284 products on the Electronic Vaping Device Directory are legal to sell
- Major brands are available - NJOY, Vuse, JUUL, and Logic are on the directory
- Most disposables are gone - Popular brands like Elf Bar, Lost Mary, and Geek Bar are NOT listed
- No flavor ban exists - But directory effectively limits options to tobacco and menthol
- No statewide indoor ban - One of few states without comprehensive indoor restrictions
- 39 cities have local bans - Milwaukee, Madison, Green Bay and others restrict indoor vaping
- Low tax rate - $0.05/mL is among the lowest in the nation
- Retailers face steep fines - $1,000/day per unlisted product, $12.4M fined in Dec 2025
- Federal age 21 applies - Despite state law still reading 18
- Possession is not penalized - Only sales of non-directory products are illegal, not possession
References
- Electronic Vaping Device Directory – Wisconsin Department of Revenue
- Electronic Vaping Device Directory Notice (PDF) – Wisconsin DOR
- Cigarette, Tobacco, and Vapor Products Tax (Publication 304) – Wisconsin DOR
Looking for vaping laws in other states or countries? Check our complete vaping laws guide for more destinations.