Laws by state
Vape
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
Federal law bars mailing vaping products to consumers through USPS, and the PACT Act's definition of electronic nicotine delivery systems covers devices that deliver "nicotine, flavor, or any other substance," which includes hemp and cannabis vapes. Hemp vapes also fall under the federal hemp redefinition on December 11, 2026, which takes most THC, delta-8 and other converted-cannabinoid cartridges out of the hemp category.
Status by state ·
Vape
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
Cannabis and hemp vapes include cartridges, disposables and pods filled with THC distillate, delta-8, THCA, live resin or CBD. Licensed marijuana vapes are sold only in state-regulated dispensaries, while hemp vapes have been sold in smoke shops, convenience stores and online.
Vapes face federal rules that edibles do not. Since 2021, amendments to the PACT Act and a USPS rule have barred mailing vaping products to consumers, and the ENDS definition reaches devices regardless of whether they contain nicotine. Sellers that ship by other carriers must meet PACT Act registration, reporting and age-verification requirements, and major private carriers restrict vape shipments. Vapes also carry lithium batteries, which bring their own shipping rules.
The federal hemp redefinition, effective December 11, 2026, will remove most intoxicating hemp vapes from the hemp category, since a single cartridge typically holds far more than 0.4 mg total THC. Nicotine vapes are regulated separately by the FDA. Check your state's rules, which often add flavor bans, device registries and vape-specific taxes.
FAQ
Common questions
Can you mail a THC or CBD vape?
Not to consumers through USPS. Federal rules bar mailing vaping devices, including hemp and CBD vapes, with only narrow business and adult-verification exceptions, and private carriers restrict them as well.
Does the PACT Act apply to hemp vapes?
Yes. The PACT Act's ENDS definition covers devices that deliver nicotine, flavor or any other substance, so it reaches hemp and cannabis vapes that contain no nicotine.
Will hemp THC vapes be legal after December 2026?
Most will not qualify as hemp. Starting December 11, 2026, hemp products are capped at 0.4 mg total THC per container, and cannabinoids synthesized outside the plant, like converted delta-8, are excluded.
Are nicotine vapes regulated the same way as cannabis vapes?
No. Nicotine vapes are tobacco products regulated by the FDA and need FDA marketing authorization. Cannabis vapes are regulated by states, and hemp vapes by the federal hemp definition and state law.