Are e-cigarettes in any section of the state’s statutes included in the definition of "Tobacco Products"?
Yes.
Idaho Code § 39-5702(13) (2023)
How does the state define an e-cigarette?
Tobacco product or electronic smoking device means “(i) [a]ny substance containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to cigarettes, cigars, pipes, snuff, smoking or chewing tobacco, snus, tobacco papers, or smokeless tobacco; (ii) [a]ny electronic smoking device that may be used to deliver an aerosolized or a vaporized substance to the person inhaling from the device, including but not limited to an electronic cigarette, an electronic cigar, an electronic pipe, a vape pen, or an electronic hookah, or any component, part, or accessory of such a device, or any substance intended to be aerosolized or vaporized during use of the device, whether or not the substance contains nicotine, or any heated or lighted device intended to be used for inhalation; or (iii) [a]ny components, parts, or accessories of a tobacco product or an electronic smoking device, whether or not they contain tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, and pipes, whether manufactured, distributed, marketed, or sold as an electronic cigarette, electronic cigar, electronic hookah, or vape pen, or under any other product name or descriptor.”
Idaho Code § 39-5702(13) (2023)
Is there a state excise or special tax (non-sales tax) placed on e-cigarettes?
N/A
What regulations are in place for e-cigarette packaging?
Electronic smoking devices must be sold in manufacturers sealed package with all required warnings.
Idaho Code § 39-5707(1) (2023)
What restrictions are in place for retail or youth access?
Sale/distribution of electronic smoking devices to persons under age 21 prohibited.
Idaho Code §§ 39-5702(6) (definition of “minor”), 39-5705(1), 39-5714(1) (delivery sales) (2023)
Delivery sale of electronic smoking devices require age verification (through credit/debit card verification of name and age) that purchaser is 21 years or older.
Idaho Code § 39-5715 (2023)
Possession/purchase/distribution/use of electronic smoking device by persons under age 21 prohibited, except possession during course of employment to stock shelves or carry products to customer’s vehicles and sales by employees ages 18-21.
Idaho Code § 39-5703(1), (2), (5) (2023)
Vending machine sales and self-service displays of electronic smoking devices restricted to adult-only tobacco stores.
Idaho Code § 39-5706 (2023)
Shipment of electronic smoking devices must include statement re: prohibition on shipping to individuals under age 21.
Idaho Code § 39-5717 (2023)
Sale or distribution of electronic smoking devices for free or below cost to members of the public in public places or events prohibited.
Idaho Code § 39-5707(2) (2023)
Is a retail license or permit required to sell e-cigarettes?
Yes.
Idaho Code §§ 39-5704(1) (retail), 39-5718(1) (2023) (delivery sales)
What smoke-free restrictions exist for e-cigarette use?
Vaping prohibited in interior of State Capitol and restricted to designated areas in exterior.
Idaho Admin. Code r. 38.04.08.309 (2023)
Idaho e-cigarette regulations as of September 15, 2023.