E-Cigarette Regulations - Kansas

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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) (2021)

Consumable material “means any liquid solution or other material that is depleted as an electronic cigarette is used.”
Kan. Stat. Ann. § 79-3399(b) (2021)

 

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) (2021)

 

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 18 prohibited.
Kan. Stat. Ann. § 79-3321(l) (2021)

Purchase/possession of electronic cigarettes by person under age 18 prohibited.
Kan. Stat. Ann. § 79-3321(m), (n) (2021)

Self-service displays of electronic cigarettes restricted to tobacco specialty stores and vending machine inaccessible to persons under age 18 or which has a lock-out device.
Kan. Stat. Ann. § 79-3321(t), (u) (2021)

Possession or distribution of electronic cigarettes prohibited at juvenile correctional facility or institution.
Kan. Admin. Regs. § 123-2-111(a),  (b)(16) (2021)

 

Is a retail license or permit required to sell e-cigarettes?

Yes, both retailers and vending machine distributors.
Kan. Stat. Ann. § 79-3303(a) (2021)

 

What smoke-free restrictions exist for e-cigarette use?

N/A

 

Kansas e-cigarette regulations as of June 15, 2021.

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