North Dakota

No statewide flavor ban

Snapshot for general information only — not legal advice. Statewide regulatory detail below is drawn primarily from the Public Health Law Center 50-state review (as of December 15, 2023). Flavor categories and local highlights also use Truth Initiative (Q1 2026), CTFK (May 2026), Tax Foundation (2026), and the PHLC flavored-tobacco chart (June 2026). Always check current statutes.

Flavor / sales restrictions (statewide)

No statewide flavor ban on e-cigarettes. Check city and county rules, since some localities have their own bans.

Local city / county rules

No statewide e-cigarette flavor ban. A few small localities appear in national lists.

Cando, Linton, and Valley City appear on Truth Initiative lists with menthol exemptions for some product types (Truth Initiative Q1 2026). CTFK lists Cando and Valley City.

Truth Initiative (Q1 2026): 2 North Dakota jurisdictions.

Tax

Map summary: No vape excise tax

N/A

Youth access / retail restrictions

Sale/distribution of electronic smoking devices to persons under age 21 prohibited.
N.D. Cent. Code § 12.1-31-03(1)(a) (2023)

Sale/distribution of flavored e-liquid or electronic smoking device containing flavored e-liquid to persons under age 21 prohibited.
N.D. Cent. Code § 12.1-31-03.3(1) (2023)

Self-service displays of electronic smoking devices restricted to tobacco specialty stores and vending machines inaccessible to persons under age 21 or which are controlled by the seller.
N.D. Cent. Code §§ 12.1-31-03(1)(b), 12.1-31-03.1(1), (2) (2023)

Purchase/possession/use of electronic smoking device by person under age 21 prohibited.
N.D. Cent. Code § 12.1-31-03(2) (2023)

Retailers’ sale and shipment of electronic smoking devices through mail prohibited unless retailer verifies the purchaser is at least 21 years of age and requires signature upon delivery of a person at least 21 years of age.
N.D. Cent. Code § 51-32-01(2) (2023)

Retail license

Yes.
N.D. Cent. Code § 57-36-02(1) (2023) (distributors and retailers)

Packaging

Nicotine liquid containers must be child-resistant.
N.D. Cent. Code § 12.1-31-03.2(1) (2023)

Delivery / online sales

Smoke-free / indoor use

Use of e-cigarettes included in definition of smoking and therefore prohibited in public places, places of employment and within 20 feet of entrances, exits, windows, air intakes and ventilation systems thereof (with some exceptions).
N.D. Cent. Code §§ 23-12-09(15) (definition of smoking), 23-12-10 (2023)

Vaping in a family foster home when the foster child is present.
N.D Admin. Code 75-03-14-04(3) (2023)

Definition notes

Included in a “tobacco product” definition in at least one statute?

No.

How the jurisdiction defines e-cigarettes / related terms (excerpts):

Use Restrictions

E-cigarette means “any electronic oral device, such as one composed of a heating element and battery or electronic circuit, or both, which provides a vapor of nicotine or any other substances, and the use or inhalation of which simulates smoking [including a product marketed as an] e-cigarette, e-cigar, and e-pipe or under any other product, name, or descriptor.”
N.D. Cent. Code § 23-12-09(3) (2023)

Sales Restrictions

Electronic smoking device means “any electronic product that delivers nicotine or other substances to the individual inhaling from the device, including, an electronic cigarette, e-cigar, e-pipe, vape pen, or e-hookah. Electronic smoking device includes any component, part, or accessory of such a product, whether or not sold separately.”
N.D. Cent. Code § 12.1-31-03(10)(b) (2023)

Nicotine liquid container means “a bottle or other container of a liquid or other substance containing nicotine in which the liquid or substance is sold, marketed, or intended for use in an electronic smoking device [except a container that] is prefilled and sealed by the manufacturer and not intended to be opened by the consumer.”
N.D. Cent. Code § 12.1-31-03.2(2) (2023)

Electronic smoking device means “a device that may be used to deliver an aerosolized, vaporized, or heated substance containing nicotine, regardless of whether the nicotine is natural or synthetic, to an individual inhaling from the device, and includes an electronic cigarette, e-cigar, e-pipe, vape pen, and e-hookah. The term includes any substance containing nicotine, regardless of whether the nicotine is natural or synthetic, that may be aerosolized, vaporized, or heated by the device, regardless of whether the device is sold separately.”
N.D. Cent. Code § 57-36-01(8) (2023)

Links

Public Health Law Center — North Dakota 50-state review PHLC flavored tobacco sales chart (June 2026) Truth Initiative Q1 2026 CTFK localities fact sheet Tax Foundation vaping taxes FDA Tobacco 21

Page generated for the US Vape Laws Map project. Regulatory text excerpts © source publishers; compiled October 2026. Not legal advice. Federal rules also apply: 21+ sales age; ID checks under 30; only FDA-authorized e-cigarettes may lawfully be sold; USPS generally will not mail vapes.