E-Cigarette Regulations - Oklahoma

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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?

Vapor product means “noncombustible products, that may or may not contain nicotine, that employ a mechanical heating element, battery, electronic circuit, or other mechanism, regardless of shape or size, that can be used to produce a vapor in a solution or other form [including] any vapor cartridge or other container with or without nicotine or other form that is intended to be used with an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device....”
Okla. Stat. Ann. tit. 63 § 1-229.12(8) (2021); Okla. Stat. Ann. tit. 70 § 1210.212(6) (2021)

Nicotine product means “any product that contains nicotine extracted or isolated from plants, vegetables, fruit, herbs, weeds, genetically modified organic matter, or that is synthetic in origin and is intended for human consumption…”
Okla. Stat. Ann. tit. 63 § 1-229.12(1) (2021)

 

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?

N/A

 

What restrictions are in place for retail or youth access?

Purchase/possession of nicotine products or vapor products by persons under age 21 prohibited.
Okla. Stat Ann. tit. 10A § 2-8-224(A) (2021)

Sale/distribution of nicotine products or vapor products to persons under age 21 prohibited.
Okla. Stat. Ann. tit. 63 §§ 1-229.13(A); 1-229.26(A) (2021)

Vending machines sales of nicotine products or vapor products are restricted to locations inaccessible to persons under age 21.
Okla. Stat. Ann. tit. 63 § 1-229.17 (2021)

Distribution of free nicotine products or vapor products to persons under 21 or on any public street, sidewalk, or park that is within 300 feet of any playground, school, or other facility used primarily by persons under the age of 21 prohibited.
Okla. Stat. Ann. tit. 63 § 1-229.18(A)–(B) (2021)

Self-service displays of nicotine or vapor products restricted to adult-only facilities.
Okla. Stat. Ann. tit. 63 § 1-229.21(A) (2021)

 

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

No.

 

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

Use of vapor products prohibited in or on school property, in school vehicles and at school-sponsored events.
Okla. Stat. Ann. tit. 70 § 1210.213(A) (2021)

Use of vaping devices and e-cigarettes prohibited on properties owned, leased or contracted for use by the state, including buildings, land and vehicles owned, leased or contracted for use by the state, except when used by those living in Veteran's Affairs Residential Facilities while they are on facility grounds.
Okla. Exec. Ord. 2019-07 (continuing Okla. Exec. Ord. 2013-43)

Vaping prohibited in those parts of the Capitol Building assigned to the House.
H.R. 1001, 58th Leg. (Okla. 2021), Rule 11.5

Possession/use of electronic cigarettes and vaping devices prohibited on grounds of Comprehensive Community Addiction Recovery Centers’, Mental Illness Service Programs, Gambling Treatment Programs, Community Mental Health Centers, Substance Related and Addictive Disorder Treatment, and Opioid Treatment Programs.
Okla. Admin. Code §§ 450:24-21-1.1(a); 450:27-3-5(a); 450:65-7-4.1(a); 450:17-23-3(a); 450:18-5-3.3(a); 450:70-2-3(a) (2021)

 

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

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