Are e-cigarettes in any section of the state’s statutes included in the definition of "Tobacco Products"?

S.D. Codified Laws § 34-46-1(7) (2023)


How does the state define an e-cigarette?

Vapor product means “any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form [including] any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an [aforementioned] device [or an electronic smoking device].”
S.D. Codified Laws § 34-46-20 (2023)

Electronic smoking device means “any e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen containing or delivering nicotine or any other substance intended for human consumption that may be used by a person in any manner for the purpose of inhaling vapor or aerosol from the product.”
S.D. Codified Laws § 34-46-1(1) (2023)

Tobacco product means, “any item made of tobacco intended for human consumption, including cigarettes, cigars, pipe tobacco, and smokeless tobacco, and vapor products . . . .”
S.D. Codified Laws § 34-46-1(7) (2023)


Is there a state excise or special tax (non-sales tax) placed on e-cigarettes?



What regulations are in place for e-cigarette packaging?

Vapor products must be sold in original manufacturer’s packaging.
S.D. Codified Laws § 34-46-21 (2023)


What restrictions are in place for retail or youth access?

Sale/distribution of vapor products to persons under age 21 prohibited.
S.D. Codified Laws § 34-46-2(1) (2023)

Purchase/possession/ use of vapor products by persons under age 21 prohibited.
S.D. Codified Laws § 34-46-2(2) (2023)

Distribution of free vapor products within 500 feet of school, playground, or other facility primarily used by persons under age 21 prohibited.
S.D. Codified Laws § 34-46-2(7) (2023)

Self-service displays of vapor products restricted to tobacco specialty store or vending machines inaccessible to persons under age 21.
S.D. Codified Laws §§ 34-46-2(5); 34-46-21 (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 device prohibited similar to smoking (S.D. Codified Laws § 34-46-1(6)) (definition of "smoking"), including public places and workplaces. (S.D. Codified Laws § 34-46-14 (2023))

Department of Corrections policy prohibits the use of electronic cigarettes by staff and offenders on all real property owned by the Exec. Branch of state government, including all real property leased by the state where the state is the sole occupant, including all state vehicles, parking lots and walkways. The policy defines electronic cigarettes as “any device that turns vaping material into vapor. Vapor is produced from a material such as an e-liquid, concentrate or dry herb. Electric devices typically consist of a mouthpiece, cartridges, atomizer, heating element and a unit containing a rechargeable battery and various electronic circuits . . . .”
S.D. Dep’t of Corrections Policy § 1.3.C.7 (July 1, 2022)


South Dakota e-cigarette regulations as of December 15, 2023.

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