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Delaware LAWS & TAXES
- It shall be unlawful for any person to sell or distribute any tobacco product or tobacco substitute [vapor products] to another person who has not attained the age of 21 years.1
- The purchase of tobacco or tobacco substitutes [vapor products] by persons under age 21 is prohibited.2
- Delaware’s Clean Indoor Air Act has been amended to prohibit the use of vapor products where smoking is prohibited. Vape shops which restrict entry to persons over age 18 are exempt.3
- Delivery requires a copy of valid government identification, proof from the consumer stating identification is true and that consumer understands the minimum legal sales age. The shipping package must include a notice stating that tobacco substitute sales to consumers under age 21 are illegal. Retailers shipping vapor products must register delivered sales with the Department of Finance. Additionally, manufacturers and retailers must be licensed to make or sell e-liquid in the state. These requirements could cause many out-of-state online retailers to refuse to ship to the state.5,6
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. Delaware already bans the sale of tobacco and vapor products to minors and adults under the age of 21 years old.
Flavor Bans: Federal law prohibits the sale of closed system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol.
- Delaware imposes a tax of 5 cents ($.05) per fluid milliliter of vapor product.4
- The “other tobacco products” tax rate is 30% of the wholesale purchase price of the tobacco. These products include snuff and chewing tobacco. Exceptions to the ‘Other Tobacco Products’ tax rate include moist snuff which are taxed at a rate of $0.92 per ounce.4