Are e-cigarettes in any section of the state’s statutes included in the definition of "Tobacco Products"?
How does the state define an e-cigarette?
Cigarette, tobacco product, or nicotine product means “(I) [a] product that contains nicotine or tobacco or is derived from tobacco and is intended to be ingested or inhaled by or applied to the skin of an individual; or (II) [a]ny device that can be used to deliver tobacco or nicotine to the person inhaling from the device, including an electronic cigarette, cigar, cigarillo or pipe.”
Colo. Rev. Stat. § 18-13-121(5)(a) (2023)
Electronic smoking device or ESD means “any product…that contains or delivers nicotine or any other substance intended for human consumption and that can be used by a person to enable the inhalation of vapor or aerosol from the product [including] an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen or [any other similar device with a different product name].”
Colo. Rev. Stat. § 25-14-203(4.5) (2023)
Nicotine product means “a product that contains nicotine derived from tobacco or created synthetically that is intended for human consumption, whether by vaporizing, chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, aerosolizing, or by any other means, and that is not [a] cigarette; [t]obacco products . . .”
Colo. Rev. Stat. § 39-28.6-102(7) (2023)
Is there a state excise or special tax (non-sales tax) placed on e-cigarettes?
Gradually increasing tax imposed on nicotine products beginning on January 1st of the calendar year: 30% of manufacturer’s list price in 2021; 35% of manufacturer’s list price in 2022; 50% of manufacturer’s list price in 2023; 56% of manufacturer’s list price in 2024 through June 2027; and 62% of manufacturer’s list price after June 2027.
Colo. Rev. Stat. § 39-28.6-103(1) (2023)
What regulations are in place for e-cigarette packaging?
What restrictions are in place for retail or youth access?
Vending machine sales of nicotine products limited to age-restricted areas of licensed gaming establishments.
Colo. Rev. Stat. § 44-7-103(2) (2023)
Retailers may not allow employees under the age of 18 to participate in the sale of nicotine products.
Colo. Rev. Stat. § 44-7-103(4.5) (2023)
Unless authorized by local license, no new license will be issued after July 1, 2021 to a nicotine product retailer located within 500 feet of a school.
Colo. Rev. Stat. § 44-7-104.7(1) (2023)
A retailer may not advertise an electronic smoking device product in a manner that is visible from outside the retail location.
Colo. Rev. Stat. § 44-7-104.7(2) (2023)
Delivery sales of nicotine products may only be made after verifying the person receiving the delivery is 21 years of age or older through valid government-issued photographic identification.
Colo. Rev. Stat. § 44-7-104.7(3)(b)(I)(C) (2023)
Is a retail license or permit required to sell e-cigarettes?
What smoke-free restrictions exist for e-cigarette use?
Use of electronic smoking devices restricted similar to smoking (Colo. Rev. Stat. § 25-14-203(16) (2022) (definition of “smoking”), and prohibited in indoor areas, including places of employment, common areas of retirement and public housing, day care facilities, health care facilities, hotel and motel rooms.
Colo. Rev. Stat. § 25-14-204(1) (2023)
Use of tobacco products prohibited on school property and vehicles, including those of day care, early learning and K-12 schools.
Colo. Rev. Stat. § 25-14-103.5 (2023)
Smoking/vaping by driver’s license applicants and testers prohibited during drive test.
1 Colo. Code Regs. § 204-30:8-401(p) (2023)
Assisted living residences’ house rules must address use of electronic cigarettes and vaporizers.
6 Colo. Code Regs. § 1011-1:7-13.4(A) (2023)
Use of electronic nicotine delivery systems prohibited in foster care homes while child is in placement.
12 Colo. Code Regs. § 2509-8:7.708.21(I)(1) (2023)
Colorado e-cigarette regulations as of June 15, 2023.