Laws by state
Tobacco
Where it is legal, restricted or banned in every US state we track, with the law behind each status and the latest news on changes.
Federal status
The federal minimum age to buy any tobacco or nicotine product, including e-cigarettes, has been 21 since December 2019, and the FDA regulates e-cigarettes and products made with synthetic (non-tobacco) nicotine as tobacco products that need premarket authorization. PACT Act shipping rules apply to cigarettes, smokeless tobacco and vaping products, and the FDA withdrew its proposed menthol cigarette and flavored cigar bans in January 2025.
Status by state ·
Tobacco
Legal status in every state
State
Status
Limits
Key law
We don't track this cannabinoid state by state yet. The table below compares the five compounds we do track.
Open the state-by-state mapOverview
What to know
This hub tracks tobacco and nicotine rules that overlap with cannabis and hemp businesses, especially smoke shops, convenience stores and vape retailers that sell both. Those rules cover age limits, product authorization, flavors, shipping and taxes.
At the federal level, Tobacco 21 sets the minimum sales age at 21 for all tobacco and nicotine products. The FDA requires premarket authorization for e-cigarettes, including products made with synthetic nicotine, and the Supreme Court upheld the FDA's denials of flavored e-liquid applications in April 2025. The FDA's proposed menthol cigarette and flavored cigar bans were withdrawn in January 2025. The PACT Act requires registration, reporting and age-verified delivery for remote sales of cigarettes, smokeless tobacco and vaping products, and bars most mailing through USPS.
Much of the action is now at the state and local level, where flavor bans, vape device registries, licensing and tax changes often reach hemp and cannabis products sold in the same stores. Check your state's rules.
FAQ
Common questions
What is the federal age to buy tobacco and vapes?
21. The federal Tobacco 21 law, signed December 20, 2019, covers cigarettes, cigars, smokeless tobacco, hookah, e-cigarettes and other nicotine products.
Is menthol banned federally?
No. The FDA withdrew its proposed rules banning menthol cigarettes and flavored cigars in January 2025. Some states and cities have their own flavor restrictions.
Does the FDA regulate synthetic nicotine?
Yes. Since 2022, products made with non-tobacco nicotine are regulated as tobacco products and need FDA marketing authorization.
Can you ship vapes or cigarettes to customers?
USPS will not mail cigarettes, smokeless tobacco or vaping products to consumers, with narrow exceptions. Sellers using other carriers must follow PACT Act registration, tax reporting and age-verification rules.