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?
Nicotine 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 cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an [aforementioned] device.”
Va. Code Ann. §§ 18.2-371.2(I), 58.1-1021.01 (2025)
Liquid nicotine means “a liquid or other substance containing nicotine in any concentration that is sold, marketed, or intended for use in a nicotine vapor product.”
Va. Code Ann. §§ 58.1-1021.01, 59.1-293.10 (2025)
Liquid nicotine container means “a bottle or other container holding liquid nicotine in any concentration [except containers] prefilled and sealed by the manufacturer . . . and . . . not intended to be opened by the consumer.”
Va. Code Ann. § 59.1-293.10 (2025)
Is there a state excise or special tax (non-sales tax) placed on e-cigarettes?
Liquid nicotine taxed at rate of $0.066 per mL for closed-system pods and 20% of wholesale price on open-system e-liquid.
Va. Code Ann. § 58.1-1021.02 (2025)
What regulations are in place for e-cigarette packaging?
Liquid nicotine must be sold in a child-resistant container (except sealed, prefilled cartridges not intended to be opened by consumer).
Va. Code Ann. § 59.1-293.11(A) (2025)
What restrictions are in place for retail or youth access?
Sale/distribution of nicotine vapor products to persons under age 21 prohibited (unless person is active duty military 18 years of age or older).
Va. Code Ann. § 18.2-371.2(A), (B), (D) (2025)
Purchase/possession of nicotine vapor product by person under age 21 prohibited (unless person is active duty military 18 years of age or older).
Va. Code Ann. § 18.2-371.2(B), (D) (2025)
Mail order and internet sales of nicotine vapor products direct to consumer are prohibited.
Va. Code Ann. § 18.2-246.8(B) (2025)
Vending machine sales of nicotine vapor products prohibited.
Va. Code Ann. § 18.2-371.2(A) (2025)
Is a retail license or permit required to sell e-cigarettes?
Yes.
Va. Code Ann. § 58.1-1021.04:1(C)(1) (2025)
What smoke-free restrictions exist for e-cigarette use?
School boards directed to develop and implement policy to prohibit use and distribution of nicotine vapor products on school bus, school property and at school-sponsored activities.
Va. Code Ann. §§ 22.1-79.5, 22.1-279.6(H) (2025)
Use of “electronic vaporizing devices [prohibited] in any structure or place in any park where smoking is prohibited [and may be further prohibited by the Department of Conservation and Natural Resources in any park].”
4 Va. Admin. Code § 5-30-230 (2025)
Virginia e-cigarette regulations as of June 15, 2025.