Are Nicotine Pouches Legal in Rhode Island? (2026)

Instrument

Sale to individuals under 21; tobacco product and OTP definitions; delivery sales proof of age

Source

https://webserver.rilegislature.gov/Statutes/TITLE11/11-9/11-9-13_11-9-13.htm

Retrieved

2026-11-06

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R.I. Gen. Laws 11-9-13 [Effective
               April 1, 2026.]

No person shall sell, give, or deliver to any individual under twenty-one (21) years
            of age, any tobacco product in the form of cigarettes, bidi cigarettes, cigars, little
            cigars, flavored cigars known as “blunts,” unflavored “blunts,” flavored and unflavored
            blunt wraps, cigarette rolling papers of any size or composition, cigarillos and tiparillos,
            pipe tobacco, chewing tobacco, snuff, electronic nicotine-delivery system products,
            kratom or kratom products or any and all products as defined in § 44-20-1 or § 21-28.12-2. Any person, firm, or corporation that owns, manages, or operates a place of business
            in which tobacco products, kratom and/or kratom products are sold, including sales
            through tobacco product vending machines, shall post notice of this law conspicuously
            in the place of business in letters at least three-eighths of an inch (⅜″) high.

R.I. Gen. Laws 11-9-13.4(18)
 "Tobacco product(s)" means any product(s) containing, made of, or derived from tobacco
            or nicotine that is intended for human consumption or is likely to be consumed, whether
            inhaled, absorbed, or ingested by any other means, including, but not limited to,
            a cigarette, a little cigar as defined in § 44-20.2-1, and any and all products as defined in § 44-20-1, electronic nicotine-delivery system products, or any added substance that may be
            aerosolized, vaporized, or otherwise delivered by such an electronic nicotine-delivery
            system device, whether or not that substance contains nicotine.

(i)
 "Tobacco product(s)" does not include drugs, devices, or combination products intended
            to treat tobacco or nicotine dependence that are authorized by the United States Food
            and Drug Administration, as those terms are defined in the Federal Food, Drug and
            Cosmetic Act. Nor does it include such authorized drugs, devices, or combination products
            with such treatment purpose by individuals under age twenty-one (21) if prescribed
            by a licensed prescriber such as a physician, nurse practitioner, or physician assistant.

R.I. Gen. Laws 44-20-1(11)
"Other tobacco products" (OTP) means any products that are made from or derived from
            tobacco or that contain nicotine, whether natural or artificial, including, but not
            limited to, cigars (excluding Little Cigars, as defined in § 44-20.2-1, which are subject to cigarette tax), cheroots, stogies, smoking tobacco (including
            granulated, plug cut, crimp cut, ready rubbed and any other kinds and forms of tobacco
            suitable for smoking in a pipe or otherwise), chewing tobacco (including Cavendish,
            twist, plug, scrap and any other kinds and forms of tobacco suitable for chewing),
            any and all forms of hookah, shisha and “mu'assel” tobacco, snuff, and shall include
            any other articles or products made of, derived from, or containing tobacco or nicotine,
            in whole or in part, or any tobacco or nicotine substitute, except cigarettes and
            electronic nicotine-delivery system products. Other tobacco products shall not mean
            any product that has been approved by the United States Food and Drug Administration
            for the sale of or use as a tobacco or nicotine cessation product or for other medical
            purposes and is marketed and sold or prescribed exclusively for that approved purpose.

R.I. Gen. Laws 11-9-13.11(b)
Any person, including, but not limited to, on-line retailers, selling or distributing
            tobacco products in the form of little cigars as defined in § 44-20.2-1, snuff, any and all products defined in § 44-20-1, or electronic nicotine-delivery system products directly to a purchaser via the
            United States Postal Service, or by any other public or private postal or package
            delivery service, including orders placed by mail, telephone, facsimile, or internet,
            shall: (1) before distributing or selling the tobacco product, including electronic
            nicotine-delivery system products, through any of these means, receive both a copy
            of a valid form of government identification showing date of birth to verify the purchaser
            is age twenty-one (21) years or over and an attestation from the purchaser certifying
            that the information on the government identification truly and correctly identifies
            the purchaser and the purchaser’s current address, and (2) deliver the tobacco product,
            including electronic nicotine-delivery system products, to the address of the purchaser
            given on the valid form of government identification and by a postal or package delivery
            service method that either limits delivery to that purchaser and requires the purchaser
            to sign personally to receive the delivery or requires a signature of an individual
            age twenty-one (21) or over at the purchaser’s address to deliver the package.

Instrument

Product restrictions on electronic nicotine-delivery system products (flavored ENDS sales ban)

Source

https://webserver.rilegislature.gov/Statutes/TITLE44/44-20/44-20-61.htm

Retrieved

2026-11-06

Fingerprint

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(a)
 For purposes of this section, the following terms shall have the following meanings:

(1)
 “Characterizing flavor” means a distinguishable taste or aroma, other than the taste
            or aroma of tobacco or menthol, distinguishable by an ordinary consumer, imparted
            either prior to, or during, consumption of an electronic nicotine-delivery system
            product or component part thereof, including, but not limited to, tastes or aromas
            relating to any fruit, mint, wintergreen, chocolate, vanilla, honey, candy, cocoa,
            dessert, alcoholic beverage, herb, or spice or which impart a cooling or numbing sensation.
            The determination of whether an electronic nicotine-delivery system product has a
            characterizing flavor shall not be based solely on the use of additives, flavorings,
            or particular ingredients, but shall instead consider all aspects of a final product
            including, but not limited to, taste, flavor and aroma, product labeling, and advertising
            statements. A flavor shall be presumed to be a characterizing flavor if a dealer,
            manufacturer, or distributor has made a statement or claim directed to consumers or
            the public about such flavor, whether expressed or implied, that it has a distinguishable
            taste or aroma (other than the taste or aroma of tobacco or menthol).

(2)
 “Flavored electronic nicotine-delivery system product” means any electronic nicotine-delivery
            system product that imparts a characterizing flavor.

(b)
 The sale, or offer for sale of, or the possession with intent to sell or to offer
            for sale, flavored electronic nicotine-delivery system products to consumers within
            the state of Rhode Island is hereby prohibited. Compassion centers and licensed cultivators
            registered with the state of Rhode Island department of business regulation-office
            of cannabis regulation under chapter 28.6 of title 21 are exempt from this provision except as to products that contain, are made of, or
            are derived from tobacco or nicotine, natural or synthetic.