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the state of

Ohio

State Legislative Info

GOVERNOR

Mike DeWine
Office of Governor
Riffe Center, 30th Floor
77 South High Street
Columbus, OH 43215-6117
Phone: (614) 466-3555

THE SENATE

Senate Clerk
Vincent Keeran
Statehouse 2nd Floor
1 Capitol Square
Columbus, OH 4321
Phone: (614) 466-4900

THE house

House Clerk
Brad Young
Statehouse
1 Capitol Square
Columbus, OH 43215
Phone: (614) 466-9729
Fax: 644-8744

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current laws & taxes

regulating smokeless tobacco & vapor products

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9 tips for being an advocate

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Ohio LAWS & TAXES

laws

  • The sale or distribution of alternative nicotine products to persons under age 21 is prohibited.1
  • The purchase or possession of alternative nicotine products is not allowed for persons under age 21, unless a parent accompanies them.1
  • The use of electronic nicotine delivery systems, which includes vapor products, is prohibited in the capitol buildings, Franklin County Court of Common Pleas, and on various college and university campuses by regulation.2,4,5,6,7,8
  • The use of vapor products is prohibited in body art (tattoo/piercings) establishment rooms used for body art or sterilization procedures.3
  • Ohio’s Clean Indoor Air Act has been amended to prohibit the use of vapor products where smoking is prohibited.9
  • Retailers may not sell alternative nicotine products in a smaller quantity than that placed in the pack or other container by the manufacturer.1

Tobacco/Vapor 21 Law: Federal law passed December 20, 2019 prohibits sales of all tobacco and vapor products to anyone under the age of 21 years old. FDA stated law became effective on that date. States may choose to continue with current age law at the risk of losing federal funding. Ohio state law already prohibits the sale of tobacco and vapor products to persons under 21 years old.

Flavor Bans: Federal law prohibits the sale of closed system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol.

The city of Bexley prohibits the sale of tobacco/vapor products in flavors other than “tobacco” or menthol.”

On December 12, 2022, the city of Columbus banned the sale of tobacco/vapor products in flavors other than “tobacco.” The ordinance will take effect January 1, 2024.12

taxes

  • Vapor products are subject to an additional 10¢ per mL state excise tax.11
  • Smoke-free tobacco products are subject to a state excise tax of 17% of the wholesale price.10
  1. Convenience Store News – Ohio Governor Signs Tobacco 21 Measure Into Law
  2. Ohio Laws and Rules Chapter 128-4
  3. Ohio Laws and Rules Chapter 3701-9-04
  4. http://probate.franklincountyohio.gov/public/documents/PDF/561056C6-CF55-1975-2391A0AA39CB13CB.pdf
  5. Conduct and ethics: tobacco and smoke free environment.
  6. Alcohol, drugs, and tobacco policy.
  7. Ohio Laws and Rules Chapter 3352-7
  8. University policy regarding smoking and tobacco use at Kent state university
  9. http://www.legis.nd.gov/cencode/t23c12.pdf?20150609095207
  10. Sales Tax Handbook – Ohio Tobacco Excise Taxes
  11. E-cigarette tax threatens vape shops, owners say; critics applaud move
  12. Columbus Passes Flavored Vape and Tobacco Ban

Updated April 2024

9 Tips for Being an Advocate

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