South 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 major local restrictions found in sources reviewed.

Tax

Map summary: No vape excise tax

N/A

Youth access / retail restrictions

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)

Retail license

No.

Packaging

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

Delivery / online sales

See retail/youth access section and PHLC state review for delivery/online rules. Federal USPS mailing restrictions on vapes also apply.

Smoke-free / indoor 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)

Definition notes

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

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

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

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)

Links

Public Health Law Center — South 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.