Are e-cigarettes in any section of the state’s statutes included in the definition of "Tobacco Products"?
No.
How does the state define an e-cigarette?
Electronic cigarette means “a battery-powered device, whether or not such device is shaped like a cigarette, that can provide inhaled doses of nicotine by delivering a vaporized solution by means of cartridges or other chemical delivery systems.”
Kan. Stat. Ann. § 79-3301(m) (2023)
Consumable material means "any liquid solution or other material that is depleted as an electronic cigarette is used."
Kan. Stat. Ann. § 79-3399(b) (2023)
Is there a state excise or special tax (non-sales tax) placed on e-cigarettes?
Privilege tax for sale or dealing of electronic cigarettes “at the rate of $0.05 per milliliter of consumable material.”
Kan. Stat. Ann. § 79-3399(a) (2023)
What regulations are in place for e-cigarette packaging?
N/A
What restrictions are in place for retail or youth access?
Sale/distribution of electronic cigarettes to persons under age 21 prohibited.
Kan. Stat. Ann. § 79-3321(l) (2023)
Purchase/possession of electronic cigarettes by person under age 21 prohibited.
Kan. Stat. Ann. § 79-3321(m)—(n) (2023)
Self-service displays of electronic cigarettes restricted to tobacco specialty stores and vending machine inaccessible to persons under age 21 or which has a lock-out device.
Kan. Stat. Ann. § 79-3321(t)—(u) (2023)
Possession or distribution of electronic cigarettes prohibited at juvenile correctional facility or institution.
Kan. Admin. Regs. § 123-2-111(b)(16) (2023)
Is a retail license or permit required to sell e-cigarettes?
Yes, both retailers and vending machine distributors.
Kan. Stat. Ann. § 79-3303(a) (2023)
What smoke-free restrictions exist for e-cigarette use?
N/A
Kansas e-cigarette regulations as of September 15, 2023.