Skip to content Skip to footer

the state of

South Dakota

State Legislative Info

GOVERNOR

Kristi Noem
500 East Capitol Avenue
Pierre, S.D. 57501
Phone: (605) 773-3212
Fax: (605) 773-4711

THE SENATE

Secretary of the Senate
Kay Johnson
Room 330
500 East Capitol Avenue
Pierre, SD 57501
Phone: (605) 773-3825

THE house

Chief Clerk of the House
Patricia Miller
Room 364
500 East Capitol Avenue
Pierre, SD 57501
Phone: (605) 773-3987

find your reps
Looking for the
latest info?
Join your state's Facebook group!

Share news, events, and upcoming legislation with other members near you

join now

current laws & taxes

regulating smokeless tobacco & vapor products

learn more

9 tips for being an advocate

learn more

Get Involved

with national calls to action
take action

South Dakota CALLS TO ACTION

Find Your Legislators

LEGISLATOR LOOKUP

South Dakota LAWS & TAXES

laws

  • The sale or distribution of vapor products to persons under 18 years of age is prohibited.1
  • The purchase, possession or use of vapor products by persons under 18 years of age is prohibited.1
  • The Department of Corrections prohibits the use of vapor products by staff and offenders in all buildings and offices and on all real property owned, leased or occupied by the Department.2
  • South Dakota’s Clean Indoor Air Act has been amended to prohibit the use of vapor products where smoking is prohibited.4

Tobacco/Vapor Sales Bans: The shipping of tobacco products to any consumer in the state is prohibited, whether the seller is located within or outside the state.5  Vapor products are included in the definition of “tobacco product.”6

Tobacco/Vapor 21 Law: Federal law passed December 20, 2019 prohibits sales of all tobacco and vapor products to anyone under the age of 21 years old. FDA stated law became effective on that date. States may choose to continue with current age law at the risk of losing federal funding.

Flavor Bans: Federal law prohibits the sale of closed system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol.

taxes

  • Vapor products do not have an additional state excise tax.
  • Smoke-free tobacco products are taxed at a rate of 35% of the wholesale cost.3
  1. http://legis.sd.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=34-46-2
  2. South Dakota Department of Corrections Policy – Tobacco Products and Electronic Cigarettes – Use and Possession
  3. Sales Tax Handbook – South Dakota Tobacco Excise Taxes
  4. E-cigarettes added to South Dakota’s Smoke-free Law
  5. South Dakota Legislature – Codified Laws – 10-50-99
  6. South Dakota Legislature – Codified Laws – 34-46-20

Updated April 2024

9 Tips for Being an Advocate

We Can't Do It Without Your Support

We rely on donations from generous supporters like you.
Every little bit helps!

DONATE