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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 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. Albert Lea, Austin, Beltrami County, Bloomington, Brooklyn Center, Eden Prairie, Edina, Excelsior, Falcon Heights, Forest Lake, Hermantown, Isanti Couty, Lauderdale, Mankato, Mendota Heights, Minneapolis, Minnetonka, New Brighton, North Mankato, Otter Tail County, Plymouth, Pope County, Richfield, Robbinsdale, Roseville, Shoreview, St. Louis Park, St. Peter, Waseca and Wilkin County already prohibit the sale of tobacco and vapor products to persons 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.
Arden Hills, Duluth, Edina, Falcon Heights, Fridley, Golden Valley, Hennepin County, Lauderdale, Lilydale, Mendota Heights, Minneapolis, New Hope, Robbinsdale, Rushford, Shoreview, Saint Louis Park and St. Paul prohibit the sale of flavored tobacco and vapor products.
- 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