ARE VAPES BANNED IN NORTH CAROLINA? 2026 GUIDE

Vaping products are not fully banned in North Carolina, but significant regulatory changes have reshaped what can be sold, how it’s sold, and who can purchase it. In 2025, the state enacted new vape product regulations that restrict sales of certain devices and impose compliance requirements. This guide breaks down what is legal, what is banned, the age rules, and the enforcement landscape so you can stay informed.

Current Legal Status: Vapes Are Not Fully Banned

North Carolina does not prohibit vaping outright. Adults can still buy and use e-cigarettes, vape pens, mods, and similar vapor products. What has changed is how products must be certified to remain legal for sale in the state.

However, starting July 1, 2025, the state began enforcing restrictions that effectively remove many popular disposable devices from retail shelves.

House Bill 900: What Changed in 2025

The key law driving vape regulation in North Carolina is House Bill 900, passed in 2024 and implemented in 2025:

• Vape products must be on a state directory of federally approved or FDA-under-review devices to be sold legally.
• Items not listed in the directory — including many disposables like Elf Bar, Lost Mary, and Geek Bar — are banned from retail sales.
• Retailers had a transition period and full enforcement began July 1, 2025. Non-compliant products must be removed or face fines and sanctions.
• THC and hemp vaping products are not covered by this specific law (different regulations apply).

This approach does not ban all vapes; it bans unapproved ones from the legal marketplace — drastically reducing the number of devices available to consumers but preserving the legality of certified products.

Age Restrictions: Who Can Buy Vape Products?

• Federal law prohibits selling vape products to anyone under 21 nationwide. That rule applies in North Carolina and is enforced by federal agencies.
• State law, historically, set the sales age at 18, creating a gap between state and federal rules. North Carolina is one of the few states that had not updated its own minimum age to match federal Tobacco 21 law.

Legislators have proposed bills (e.g., Solly’s Law) to raise the state age to 21 and require retail permits, but as of early 2026, formal alignment with federal Tobacco 21 enforcement by state authorities remains in progress.

Retail Compliance and Licensing

Retailers must:

• Obtain appropriate business and tobacco/vapor product licenses under state rules.
• Sell only products on the approved directory maintained by the North Carolina Department of Revenue.
• Verify age for every vape purchase and retain compliant records.
• Age verification for online sales often requires third-party services and adult signature on delivery.

Distributors must also follow compliant shipping and reporting rules when selling via the internet.

What’s Effectively “Banned”?

Under the new regime:

• Most disposable vapes that lack FDA authorization are banned from sale.
• Thousands of popular devices that never received formal FDA clearance were removed from the market.
• Retailers must pull non-compliant stock or face fines, license suspension, and confiscation of illegal inventory.

While these devices are banned from legal retail sales, possession and personal use by adults aren’t criminalized under current state law — meaning consumers may still have them but cannot legally purchase them in-state. Enforcement focuses on sales, not possession.

Local Restrictions and Public Use

North Carolina has no statewide ban on vaping in all indoor public spaces. However:

• Many local governments, workplaces, schools, and businesses impose their own vaping restrictions.
• Vape use may be prohibited in designated smoke-free areas, government buildings, and campuses.
• Enforcement varies by locality and by private property rules.

Always check local ordinances before vaping in a new area.

Future Outlook: Legislative Trends

North Carolina lawmakers continue to debate stronger state age enforcement, retail permitting systems, and further restrictions on youth access to vaping products. Bills filed in 2025 aim to:

• Raise the state minimum sales age to 21.
• Create a tobacco and vape retail permitting structure.
• Strengthen enforcement authority for state agencies.

These changes could bring state law fully in line with federal Tobacco 21 standards and narrow enforcement gaps. Stay tuned as the 2026 legislative session unfolds.

Conclusion

Vapes are not fully banned in North Carolina, but the state significantly tightened its regulations in 2025. Adults can still legally buy and use vaping products, however only devices that appear on North Carolina’s approved product directory — meaning they have FDA authorization or are under federal review — may be sold in stores. As a result, many popular disposable vapes were effectively removed from the legal market starting July 1, 2025. Sales to anyone under 21 remain illegal under federal law, and retailers face strict compliance requirements, including age verification and product certification. While possession for personal use is not criminalized, enforcement focuses on retailers, and future legislation may further align state law with federal Tobacco 21 standards.

FAQs

1. Are vapes completely banned in North Carolina?

No, vapes are not completely banned in North Carolina. Adults can legally buy and use vaping products, but the state now restricts which devices can be sold. Only vape products that are FDA-authorized or listed on North Carolina’s approved product directory are legal for retail sale.

2. Why were so many disposable vapes removed from stores in North Carolina?

Many disposable vapes were removed because they lack FDA authorization and are not included on the state’s approved product list. Under the 2025 law, retailers are prohibited from selling unapproved devices, which led to the removal of popular disposable brands from the market.

3. Can adults still legally vape in North Carolina?

Yes, adults can still legally vape in North Carolina. The law targets sales and distribution rather than personal use. While some products are banned from retail shelves, adult possession and use of legal vaping devices are still permitted.

4. What is the legal age to buy vapes in North Carolina?

Under federal Tobacco 21 law, you must be 21 years old to purchase vape products anywhere in the U.S., including North Carolina. Although state law historically listed a lower age, retailers are required to follow the federal 21-and-over rule.

5. Are flavored vapes banned in North Carolina?

No, North Carolina does not have a statewide flavored vape ban. However, flavored products that are not FDA-authorized or listed on the state directory cannot be sold legally, which has significantly limited flavored vape availability in retail stores.