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Vaping Laws in Mississippi - A Comprehensive Guide for 2025 - Ecigator

The Legal Foundation of Vaping Laws in Mississippi

At the core of Mississippi’s approach to vaping is a clear focus on preventing youth access, supported by both state and federal law, alongside definitions that categorize these products for regulatory purposes.

Minimum Legal Sales Age: Strictly 21

Mississippi rigidly enforces a minimum legal sales age of 21 for all tobacco products, which explicitly includes alternative nicotine products and vapor products like e-cigarettes. This “Tobacco 21” standard aligns Mississippi with federal law. It is illegal for any person to sell, distribute, or furnish these products to an individual under 21 years of age.

Retailers are legally mandated to verify the age of any purchaser who appears to be under 27 years old (though some federal guidance suggests under 30) by checking a valid government-issued photographic identification. Penalties for selling to underage individuals are significant and escalate for repeat offenses, with fines ranging from $250 for a first offense to $1,000 for subsequent violations, and the potential for retail permit suspension or revocation for three or more violations within a year.

For individuals under 21 found possessing or using vaping products, especially on educational property, penalties can include fines ($100-$500) and mandatory community service hours, with penalties increasing for repeat offenses.

House Bill 916: PMTA Registry Law in Mississippi

The most impactful recent development in Mississippi’s vaping regulation is House Bill 916 (HB 916), which Governor Tate Reeves signed into law on March 20, 2025. This legislation makes Mississippi the 11th U.S. state to enact a Premarket Tobacco Product Application (PMTA) registry law, creating a state-enforced directory of legally saleable vaping products.

How the PMTA Registry Works

HB 916 mandates that for a vaping product to be legally sold in Mississippi, its manufacturer must certify to the state that the product meets specific criteria tied to the FDA’s rigorous PMTA process. To qualify for inclusion in the state’s official directory, a product must:

1. Have received a marketing granted order (MGO) from the U.S. Food and Drug Administration (FDA).
2. Have been on the market as of August 8, 2016, had a PMTA filed with the FDA by September 9, 2020, and that application remains under active FDA review or has had a marketing denial order (MDO) that is currently stayed by a court or the FDA.

Implementation Timeline for HB 916:

The law has a structured phase-in period for 2025:

• July 1, 2025:The law officially takes effect.
• September 1, 2025:Deadline for manufacturers to submit their product certifications to the state.
• October 1, 2025:The state’s directory of approved, legally saleable vape products will be published and made public.
• December 1, 2025 (approx.):Full enforcement begins. Retailers have a 60-day grace period from the directory’s publication to sell through or remove any existing inventory that is not on the approved list.

Where Vaping is Prohibited in Mississippi

There is no statewide ban on vaping in public places in Mississippi yet. The state’s Clean Indoor Air Act has not been amended to prohibit vaping wherever smoking is banned. This leaves the regulation of public vaping largely to local municipalities, creating a patchwork of different rules across the state.

While there is no statewide ban, specific prohibitions do exist:

• Educational Property:Vaping is strictly prohibited on all high school, junior high, and elementary school grounds, on school buses, and at school-sponsored activities.
• Local Ordinances:Over 30 Mississippi cities and towns have enacted their own local laws prohibiting vaping where smoking is banned. These include, but are not limited to, Alligator, Baldwyn, Brandon, Brookhaven, Clinton, Flowood, Oxford, Southaven, Starkville, and Tupelo.

This means that in a city with a local ordinance, vaping will be banned in indoor public places like restaurants, bars, and workplaces, while in a city without such an ordinance, it may be permitted at the discretion of the business owner. Consumers and travelers must pay close attention to local signage and regulations.

Selling Vaping Products in Mississippi

Retailer Licensing and Compliance

All businesses selling tobacco or vapor products in Mississippi must obtain a tobacco permit from the Mississippi Department of Revenue’s Tobacco and Alcohol Beverage Control (ABC) system. Retail permits carry no fee, while wholesale permits cost $100 annually. There have been legislative proposals to create a special Flavored Vapor License costing $250 annually for retailers in age-restricted businesses, but the passage of these specific licensing measures requires verification against the final enacted laws.

Retailers must adhere to several other rules:

• No Self-Service Displays:Products must be kept behind the counter or in locked cases.
• Child-Resistant Packaging:E-liquid containers must be sold in child-resistant packaging that meets federal standards.
• Youth Appeal Restrictions:Packaging is prohibited from containing images designed to appeal to minors, such as cartoons, candy resemblances, toys, or other youth-oriented imagery.
• Record-Keeping:Retailers must maintain detailed purchase and sales records for at least four years.

Taxation of Vaping Products

Mississippi is one of the states that has chosen not to implement a specific excise tax on e-cigarettes or vaping products. These products are subject only to the standard 7% state sales tax, plus any applicable local sales taxes. This makes Mississippi’s tax burden on vaping significantly lower than in states with high excise taxes, which may affect consumer pricing and cross-border purchasing patterns.

Flavor Restrictions

Mississippi has implemented a unique, targeted approach to flavored vaping products. Instead of a statewide ban, the law restricts the sale of flavored products to specialized, age-restricted businesses that derive at least 70% of their revenue from tobacco, vapor, or CBD products. Additionally, no retail sales of flavored products are permitted within 1,000 feet of schools or churches, though existing businesses operating for at least six months prior to January 1, 2025, are grandfathered into this location restriction. Employees handling flavored products in these specialty stores must also be at least 21 years old.

Enforcement and Penalties

Enforcement of Mississippi’s vaping laws involves multiple state agencies and carries significant penalties for violations.

• Enforcement Bodies:The Mississippi Department of Revenue manages the new PMTA registry and tobacco permitting. The Department of Health conducts compliance inspections. The Attorney General’s Office coordinates the seizure and destruction of unauthorized products.
• Compliance Checks:The law mandates at least two unannounced compliance checks annually for retailers, distributors, and wholesalers to ensure they are adhering to age verification and product registry rules.
• Penalties for Registry Violations:The penalties under HB 916 are severe. Retailers selling unauthorized (non-directory listed) items face daily fines ranging from $500 to $1,500 per product, per day. Manufacturers who knowingly cause unlisted products to be sold face $10,000 daily penalties per product style.
• Penalties for Licensing Violations:The most severe consequences are for licensing violations. Offenses like family transfer violations, subletting a license, or selling flavored products without the proper license can result in $50,000 fines, license forfeiture, and a permanent ban from obtaining future state licenses.

Conclusion

Mississippi’s new vaping regulations, spearheaded by House Bill 916, represent a fundamental shift in the state’s approach to tobacco control. By creating a PMTA-based product registry, the state is effectively outsourcing product approval to the FDA and creating a state-level enforcement mechanism for federal standards. This will drastically reduce product variety, likely eliminating over half of the vapes currently sold and creating a market dominated by major tobacco companies. While proponents argue this is a necessary step to protect consumers from unregulated products and curb youth vaping, opponents highlight the severe economic impact on small, independent businesses and the potential for a thriving black market to emerge.

For consumers, the changes mean significantly fewer product choices, especially for flavored and disposable vapes, beginning in late 2025. For retailers, the new law introduces complex compliance requirements, substantial penalties for violations, and a challenging business environment. As Mississippi becomes a testing ground for this unique model of state enforcement of federal vaping policy, its successes and challenges will undoubtedly be watched closely by lawmakers and public health advocates across the nation.

FAQs

1. What is the minimum legal age to buy or possess vaping products in Mississippi?

Mississippi rigidly enforces a minimum legal sales age of 21 for all tobacco and vapor products, aligning with federal “Tobacco 21” standards. It is illegal to sell, distribute, or furnish these products to anyone under 21.

2. Are flavored vaping products banned in Mississippi?

Mississippi does not have a statewide ban on flavored vaping products. However, their sale is restricted to specialized, age-restricted businesses that derive at least 70% of their revenue from tobacco, vapor, or CBD products. These specialty stores also face location restrictions, generally not permitted within 1,000 feet of schools or churches, with some grandfathering exceptions.

3. Where is vaping prohibited in public places across Mississippi?

There is no statewide ban on vaping in public places in Mississippi. However, vaping is strictly prohibited on all high school, junior high, and elementary school grounds, on school buses, and at school-sponsored activities. Over 30 Mississippi cities and towns have also enacted their own local ordinances banning vaping where smoking is prohibited.

4. Does Mississippi impose a special excise tax on vaping products?

No, Mississippi does not implement a specific excise tax on e-cigarettes or vaping products. These products are only subject to the standard 7% state sales tax, plus any applicable local sales taxes.

5. What are the penalties for retailers selling unauthorized vaping products under Mississippi’s new laws?

Under HB 916, retailers selling products not listed on the state’s approved directory face severe daily fines ranging from $500 to $1,500 per product, per day. Manufacturers knowingly causing unlisted products to be sold face $10,000 daily penalties per product style.