Vaping has become increasingly popular, but is it legal in New Hampshire?

The answer is yes, but with certain restrictions.

In New Hampshire, the sale and use of vapor products is legal for people of legal age, but there are specific regulations in place to ensure that the public is kept safe.

This article will explore the laws and regulations surrounding vaping in New Hampshire.

You’ll learn what the state defines as an e-cigarette, as well as information about taxes, packaging regulations, and restrictions on youth access to vapes.

Finally, you’ll find out about the special license that is needed to sell vapes in the state.

So, let’s dive into the nitty gritty of New Hampshire’s vaping laws.

The State Of New Hampshire

Are you curious about the current laws and taxes surrounding vaping in New Hampshire? You’ve come to the right place!

New Hampshire has specific laws and taxes regarding the use of vaping products, and we’re here to help you understand them.

Let’s take a look at the current regulations and how they affect you.

New Hampshire Current Laws & Taxes

In New Hampshire, you’ll find a variety of laws and taxes related to smokeless tobacco and vapor products.

Products such as vape pens, liquid nicotine, and other vaping products are only allowed to be sold to persons of legal age, which is typically 18 years old.

The sale of traditional cigarettes and electronic cigarettes is highly regulated, and flavored nicotine products are prohibited from being sold.

There are additional restrictions and laws that apply to persons under the age of 18, such as restrictions on the sale of any retail tobacco product.

The state also has a smoking law in place that prohibits smoking in any public place or workplace.

The tax rates for smoke-free tobacco products, such as those found in North Dakota, North Carolina, and West Virginia, are significantly higher than the traditional cigarette tax rate.

The rate for open system e-cigarettes is close to the traditional cigarette rate, while the rate for closed system e-cigarettes is slightly higher.

In addition, any action taken to promote the sale of smokeless tobacco or nicotine products is subject to an additional tax.

It is important to be aware of the current laws and taxes related to smokeless tobacco and vapor products in New Hampshire to ensure all applicable regulations are followed.

How Does New Hampshire Define An E-Cigarrette

You should know that New Hampshire defines an e-cigarette as an electronic device that vaporizes a liquid, usually referred to as e-liquid, for inhalation.

An e-cigarette product is any electronic vapor product, including any component or accessory, that is used to simulate smoking. This includes, but is not limited to, any liquid in flavor, whether or not it contains nicotine, that is sold separately or sold as part of an electronic vapor product.

It is illegal to sell any e-cigarette products to a person under the age of 21. It’s also illegal to give or sell any liquid to a person under the age of 21.

The sale of flavored e-cigarettes is prohibited in Suffolk County and Webster County.

Products sold on the black market or in e-cigarette shops may not meet safety standards.

New Hampshire Special Tax On Vapes

Facing the mounting health risks of vaping, New Hampshire has imposed a special tax on e-cigarettes. The state’s special excise tax on e-cigarettes is based on the volume of closed cartridges or containers intended to be opened and is applied to any tobacco product, including e-cigarettes.

The tax rate for closed cartridges and containers intended to be opened is $0.10 per milliliter of nicotine solution. This special tax applies to all schools, industry, bars, e-cigarette shops, and other retail outlets in Morgan, Webster, and Suffolk County.

Additionally, New Hampshire has enforced the federal minimum age of 21 for all e-cigarette use. The county council has also banned the use of e-cigarettes in all bars within the county.

This special tax, in addition to the federal minimum age, is helping to reduce e-cigarette use among young people in New Hampshire.

New Hampshire’s Package Regulation

To protect public health, New Hampshire has put strict packaging regulations in place for e-cigarettes. According to N.H. Code Admin. R. Ann. Liq. 1003.01 (2023), e-cigarettes and liquid nicotine must be sold in original packaging.

This regulation applies to any city, housing, childcare facility, tobacco sale, workplace, park, college, public transportation, or any place where everyday items are sold.

It’s also important to note that the levels of nicotine in packaging must comply with the regulations as specified in the code.

These regulations are in place to ensure that e-cigarettes are not sold to minors and that the public is protected from the potential health risks associated with nicotine consumption.

New Hampshire Restrictions On Youth Access To Vape

Now let’s transition to the restrictions on youth access to vaping in New Hampshire.

In New Hampshire, the sale and distribution of e-cigarettes are prohibited to persons under the age of 21.

In addition, retailers must have a license to sell e-cigarettes and must ensure that locations inaccessible to individuals under the age of 21, such as childcare centers, are not eligible for distribution of e-cigarettes.

Furthermore, free e-cigarettes and e-liquid must be limited to locations inaccessible to individuals under the age of 21 or licensed retail tobacco stores.

Unlike in other states such as South Dakota, South Carolina, and the District of Columbia, New Hampshire does not have a flavor ban.

However, it’s important to adhere to the restrictions in place to ensure that vape products are kept out of the hands of minors.

New Hampshire Special License For Selling Vapes

In New Hampshire, if you wish to sell e-cigarettes, you’ll need to obtain a special license. This applies to both over-the-counter sales to individual customers and the retail of e-cigarettes.

To get this license, the applicant must meet certain requirements, which are outlined in the New Hampshire Revised Statutes Annotated. This includes passing an identification check, obtaining special permits from local authorities, and providing proof of liability insurance.

All retailers engaged in selling e-cigarettes must also adhere to certain laws and regulations, including the requirement to register with the New Hampshire Department of Health and Human Services and the Alcohol and Tobacco Tax and Trade Bureau. Furthermore, retailers must also abide by laws that prohibit the sale of e-cigarettes to minors, as well as laws that limit the advertising of e-cigarettes in certain areas.

By following these regulations, retailers can ensure that they’re in compliance with the law and remain in good standing.

Conclusion

You’ve now learned about the laws and regulations surrounding vaping in New Hampshire. Vaping is legal in the state, but there are a few restrictions to keep in mind.

New Hampshire has a special tax on vapes, as well as package regulations and age restrictions. You also need a special license to sell vapes.

Ultimately, vaping is legal in New Hampshire, but you have to be aware of the laws and regulations. So, if you’re looking to vape in New Hampshire, make sure you know the laws and stay safe!