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Minnesota LAWS & TAXES
- Whoever sells or furnishes tobacco, tobacco-related devices, or electronic delivery devices to a person under the age of 18 years is guilty of a misdemeanor for the first violation.1
- Whoever possesses, smokes, chews, or otherwise ingests, purchases, or attempts to purchase tobacco, tobacco-related devices, or electronic delivery devices and is under the age of 18 years is guilty of a petty misdemeanor.1
- Vaping is prohibited in state and local government buildings, facilities of state colleges and universities, facilities licensed by Commissioner of Human Services, and facilities licensed by Commissioner of Health.2
- Minnesota’s Clean Indoor Air Act has been amended to prohibit the use of vapor products where smoking is prohibited.6
- Liquids intended for human consumption and use in an electronic delivery device (whether they contain nicotine or not) must be sold in child resistant packaging.4
- A town board or the governing body may license and regulate electronic delivery devices however, if they do not, the county board shall license and regulate electronic delivery devices.5
Tobacco/Vapor Sales Bans:
Delivery sales by an out-of-state retailer must file a statement with the Dept. of Revenue. This may cause many retailers to refuse shipment to the state.
The following jurisdictions prohibit the sale of e-cigarettes regardless of flavor: Brown’s Valley, St. Louis Park, Traverse County and Wheaton.
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.
While multiple municipalities prohibit the sale of flavored vapor/tobacco products with exemptions for sales in adult-only retail stores, tobacco stores and vape shops, the following municipalities prohibit all sales of flavored vapor/tobacco products (including menthol): Big Stone County, Bloomington, Brown’s Valley, DiIworth, Edina, Golden Valley, Mendota Heights and Moorehouse. The following municipalities exempt menthol: New Hope, Nobles County, Prior Lake, Robbinsdale and Shakopee.
- There is a tax of 95% of wholesale price imposed on tobacco products, including vapor products. For vapor products, pre-filled cartridges, pods and bottled liquid transported from out-of-state are taxed at 95% wholesale cost of the finished product, while only the nicotine is taxed for bottled liquids manufactured in-state.3
- Minnesota Legislature – 609.685 Sale of Tobacco to Children
- Wikipedia – List of vaping bans in the United States
- Sales Tax Handbook – Minnesota Tobacco Excise Taxes
- Minnesota Legislature – 461.20 Sale of Electronic Delivery Device; Packaging
- Minnesota Legislature – 461.12 Municipal License of Tobacco, Tobacco-Related Devices, and Similar Products
- Fox 9 KMSP – Law prohibiting indoor vaping goes into effect statewide Aug. 1
Updated February 2023