Are Nicotine Pouches Legal in Nevada? (2026)

Instrument

Definitions; sale to persons under 21; network sales

Source

https://www.leg.state.nv.us/NRS/NRS-370.html

Retrieved

2026-11-06

Fingerprint

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NRS 370.008 “Alternative nicotine product” defined.
  
“Alternative
nicotine product” means any noncombustible product containing nicotine that is
intended for human consumption, whether chewed, absorbed, dissolved or ingested
by any other means. The term does not include:

      1.  A vapor product;

      2.  A product made or derived from tobacco;
or

      3.  Any product regulated by the United
States Food and Drug Administration under subchapter V of the Federal Food,
Drug, and Cosmetic Act, 21 U.S.C. §§ 351 et seq.

NRS 370.054 "Vapor product" defined.
  
“Vapor
product”:

      1.  Means any noncombustible product
containing nicotine or any other substance that employs a heating element,
power source, electronic circuit or other electronic, chemical or mechanical
means, regardless of the shape or size thereof, that can be used to produce
vapor from nicotine or any other substance in a solution, the use or inhalation
of which simulates smoking.

NRS 370.440 2.  “Other tobacco product” means any
tobacco of any description, any vapor product, any alternative nicotine product
or any product made or derived from tobacco, other than cigarettes.

NRS 370.521 1.  Except as otherwise provided in
subsections 2, 4 and 5, a person shall not sell, distribute or offer to sell
cigarettes, cigarette paper, any product containing, made or derived from
tobacco, any vapor product, any alternative nicotine product or any product
containing, made or derived from nicotine to any person under the age of 21
years.

NRS 202.24935 1.  It is unlawful for a person to
knowingly sell or distribute cigarettes, cigarette paper, products containing,
made or derived from tobacco, vapor products, alternative nicotine products or
products containing, made or derived from nicotine to a person under the age of
21 years through the use of a computer network, telephonic network or other
electronic network.

      2.  Every person who sells or distributes
cigarettes, cigarette paper, products containing, made or derived from tobacco,
vapor products, alternative nicotine products or products containing, made or
derived from nicotine to an ultimate consumer in this State through the use of
a computer network, telephonic network or electronic network shall:

      (a) Ensure that the packaging or wrapping of the
items when they are shipped is clearly marked with the word "cigarettes" or, if
the items being shipped are not cigarettes, the words "tobacco products,"
"vapor products" or "nicotine products," as applicable.

      (b) Obtain the full name, date of birth and
residential address of the purchaser and perform an age verification through an
independent, third-party age verification service that compares information
available from a commercially available database, or aggregate of such
databases, that are regularly used by governmental agencies and businesses for
the purposes of age and identity verification to the personal information
entered by the person during the ordering process to establish that the person
is over the age of 21 years.

      3.  Every person who makes sales as
described in subsection 2 must certify annually to the Attorney General that
the person uses an independent, third-party age verification service as
described in paragraph (b) of subsection 2.

      4.  In addition to or in lieu of any other
civil or criminal remedy provided by law, a person who violates this section is
subject to:

      (a) A civil penalty in an amount not more than
$1,000 for each violation; and

      (b) The suspension or revocation of the license
of the person by the Department of Taxation, if the person is licensed pursuant
to
chapter 370
 of NRS.

      5.  Any violation of subsection 2
constitutes a deceptive trade practice for the purpose of
NRS 598.0903
 to
598.0999
, inclusive.

      6.  For the purposes of this section, any
sale of cigarettes, cigarette paper, products containing, made or derived from
tobacco, vapor products, alternative nicotine products or products containing,
made or derived from nicotine to a natural person in this State who does not
intend to resell the item constitutes a sale to an ultimate consumer.