Are Vapes Illegal in California?

“Are vapes illegal in California?” is a question that comes up often, especially with new legislation focused on flavored products and youth vaping. The short answer: No, vaping and possession of vaping devices are not wholly illegal in California. But there are significant restrictions. What is illegal are certain kinds of vape products — especially flavored ones — plus strict rules on sales, age, public use, and online distribution. This guide will break down what’s currently legal and illegal, recent changes, and what vapers need to know to stay compliant.

What Laws Apply to Vapes in California

California regulates vapes (e-cigarettes, electronic nicotine delivery systems) under state tobacco and public health laws. Key dimensions:

1. Age of Sale / Tobacco-21 You must be 21 or older to purchase tobacco products or vaping devices with nicotine.
2. Flavored Vapes Ban In 2020, California passed SB 793, which prohibits retail sales of most flavored tobacco products, including flavored vapes, e-juice, menthol cigarettes, flavor enhancers, etc. The law was upheld by voters via Proposition 31. As of January 2025, this law was expanded to ban products that produce a “cooling sensation,” even if not explicitly “menthol.” Also, there are enforceable penalties for retailers who violate flavor bans, including seizure of illegal flavored products.
3. Sales & Retailer Requirements Retailers must obtain proper licensing. Self-service displays of e-cigarettes are banned (i.e. customers cannot grab them off shelves; products must be behind the counter or staff-assisted). Online sales and deliveries of flavored tobacco products are regulated; age verification at purchase and delivery is required.
4. Public-Use Restrictions Vapes are treated similarly to smoking in many contexts: use is prohibited where smoking is banned, such as enclosed workplaces, restaurants & bars, public transit, etc. Use in vehicles with minor passengers is prohibited.
5. Proposed and Upcoming/Local Laws There is a proposed bill that would ban disposable e-cigarettes beginning January 1, 2026. If passed, it would make sale/distribution of new/refurbished disposable vapes illegal. Local jurisdictions may have stricter rules (for example, bans in certain cities, additional flavor restrictions, stronger public use prohibitions).

What Is Legal

Given the restrictions, here are what is still legal under current California law (2025):

• Possession of vaping devices by adults (21+) is legal.
• Sale and use of non-flavored or tobacco-flavored vaping products (without characterizing flavor, cooling sensations, etc.) is legal, provided FDA & state rules are met.
• Vaping in places where it’s not banned explicitly (i.e. private property, permitted outdoor areas, etc.), assuming it does not violate smoke-free laws.
• Non-nicotine vape or flavoring products may have different treatment, though many laws target “nicotine or analogous substances.”

What Is Illegal

These are the things that are illegal under current California law:

• Retail sale of most flavored vapes, including fruit, mint, most dessert flavors, menthol, and flavor enhancers.
• The sale of vaping products delivering a “cooling sensation” even if not using traditional menthol. As of January 2025, products that produce cooling effects are banned.
• Retail sales to anyone under 21.
• Use in areas where smoking is prohibited (as per public health / clean air laws).
• Sale of flavor enhancers or synthetic nicotine analogs under some laws.
• Noncompliant online or delivery sales of flavored vaping/tobacco products, especially without proper age verification.

Enforcement & Penalties

• Retailers violating the flavored vape ban may have their licenses suspended or revoked, and face civil penalties. For example, under SB 1230 and AB 3218, penalties for selling illegal flavored products (including possessing them with intent to sell) have increased.
• Local enforcement: cities and counties may enforce additional restrictions; violation can lead to fines, seizure of illegal products, others.

Conclusion

So, “Are vapes illegal in California?” — No, but with key limitations. If your vaping device or e-liquid is flavored (beyond tobacco flavor), or delivers cooling/menthol effects, much of its retail sale is prohibited. Also, laws are tightening: disposables may be banned, flavorings more strictly defined, online sales more regulated. If you’re a vaper or seller, you must closely follow both state and local laws.

FAQs

1. Can I legally buy flavored vapes in California?

Generally no, for retail sales. California law bans most flavored tobacco products, including fruity, mint, dessert, and menthol flavors, plus products that produce a “cooling sensation.”

2. At what age can you buy vaping or e-cigarette products in California?

You must be 21 or older. California law raised the minimum sale age in 2016 under the Tobacco 21 law, which includes e-cigarettes and vaping devices.

3. Is it illegal to vape in public or in places that ban smoking?

Yes — many of the same places where smoking is prohibited also ban vaping. This includes enclosed workplaces, restaurants, bars, public transit, and in vehicles with minors. Local jurisdictions may have further restrictions.

4. Are online sales of vapes restricted in California?

Yes. Online sales or deliveries of flavored vaping or tobacco products are regulated. Sellers must verify age at purchase and delivery; certain flavored products may be outright banned from online sale.

5. Will disposable vapes be banned in California?

Proposed legislation (as of early 2025) indicates a ban on the sale or distribution of disposable vapes starting January 1, 2026, if it passes. This is part of environmental concerns as well as public health.