Are Nicotine Vapes (e-cigarettes) Legal in Mississippi? (2026)

Instrument

ENDS product definitions; manufacturer certification and ENDS directory; sale of unlisted ENDS products barred

Source

https://billstatus.ls.state.ms.us/documents/2025/html/HB/0900-0999/HB0916SG.htm

Retrieved

2026-11-06

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SECTION 10.
 
For purposes of this section and Section 14 of this act, the following words
and phrases shall have the meanings as defined in this section, unless the
context clearly indicates otherwise:

          (a) 
"Commissioner" means the Commissioner of Revenue of the Department of
Revenue.

          (b) 
"Department" means the Department of Revenue.

          (c)  "ENDS
product":

              (i)  Means any
noncombustible product that employs a heating element, power source, electronic
circuit, or other electronic, chemical, or mechanical means, regardless of
shape or size, to produce vapor from nicotine in a solution;

              (ii)  Includes a
consumable nicotine liquid solution suitable for use in an ENDS product,
whether sold with the product or separately; and

              (iii)  Does not
include any product regulated as a drug or device under Chapter V of the
Federal Food, Drug, and Cosmetic Act (21 USC Section 351 et seq.).

          (d)  "Timely filed
premarket tobacco product application" means an application pursuant to 21
USC Section 387j for an ENDS product containing nicotine derived from tobacco
marketed in the United States as of August 8, 2016, that was submitted to the
United States Food and Drug Administration on or before September 9, 2020, and
accepted for filing.

          (e)  "FDA"
means the United States Food and Drug Administration.

SECTION 14.
 
(1)  Before September 1, 2025, and annually thereafter, every manufacturer of
an ENDS product that is sold for retail sale or for sale to a consumer in Mississippi,
whether directly or through an importer, wholesaler, distributor, retailer, or
similar intermediary or intermediaries, shall execute and deliver to the
commissioner a certification, under penalty of perjury on a form and in a
manner prescribed by the commissioner, that the manufacturer is compliant with
this section and that, for each ENDS product sold in Mississippi:

          (a)  The manufacturer
has received a marketing granted order for the ENDS product from the FDA
pursuant to 21 USC Section 387j;

          (b)  The manufacturer
submitted a timely filed premarket tobacco product application for the ENDS
product to the FDA pursuant to 21 USC Section 387j, and the application either
remains under review by the FDA or has received a denial order that has been and
remains stayed by the FDA or court order, rescinded by the FDA, or vacated by a
court; or

          (c)  The manufacturer
is not required to submit an additional marketing granted order or premarket
tobacco product application for the ENDS product, because the ENDS product
merely reflects changes to the name, brand style, or packaging of an ENDS
product that is covered under paragraph (a) or (b) of this subsection.

     (2)  The certification form
shall separately list each brand name, category (e.g., e-liquid, power unit,
device, e-liquid cartridge, e-liquid pod, disposable), product name, and flavor
for each ENDS product that is sold in Mississippi.

     (3)  Each annual
certification form shall be accompanied by:

          (a)  A copy of:

              (i)  The marketing
granted order issued by the FDA pursuant to 21 USC Section 387j;

              (ii)  A copy of the
acceptance letter issued by the FDA pursuant to 21 USC Section 387j for a
timely filed premarket tobacco product application; or

              (iii)  A document
issued by FDA or by a court confirming that the premarket tobacco product
application has received a denial order that has been and remains stayed by FDA
or court order, rescinded by FDA, or vacated by a court; and

          (b)  A payment of Five
Hundred Dollars ($500.00) for each ENDS product each time a manufacturer
submits an annual certification form for that ENDS product, but not to exceed
Fifteen Thousand Dollars ($15,000.00) annually per manufacturer.

     (4)  The information
submitted by the manufacturer pursuant to subsection (3)(a) of this section is
considered confidential commercial or financial information for purposes of the
Mississippi Public Records Act of 1983 (Section 25-61-1, et al). The
manufacturer may redact certain confidential commercial or financial
information provided under subsection (3)(a) of this section.  The commissioner
shall not disclose such information except as required or authorized by law.

     (5)  A manufacturer required
to submit a certification form pursuant to this section shall notify the
commissioner within thirty (30) calendar days of any material change to the
certification form, including the issuance or denial of a marketing
authorization or other order by the FDA pursuant to 21 USC Section 387j, or any
other order or action by the FDA or any court that affects the ability of the
ENDS product to be introduced or delivered into interstate commerce for
commercial distribution in the United States.

     (6)  To the extent that 21
USC Section 387j is amended, or subsequent regulations or other official
federal guidance or formal policy statement is issued, changing compliance
requirements or standards for an ENDS product to become federally compliant,
each manufacturer of an ENDS product that is sold for retail sale in
Mississippi shall submit documentation to the commissioner substantiating
compliance with such new federal requirements or standards within thirty (30)
days of the date compliance with such requirement or standard is mandated.  Failure
to substantiate compliance with new federal requirements or standards shall be
grounds for removal of the manufacturer and its ENDS products from the
directory established in this section.

     (7)  Beginning on October 1,
2025, the commissioner shall maintain and make publicly available on the
department's official website a directory that lists all ENDS product
manufacturers, brand names, categories (e.g., e-liquid, e-liquid cartridge, e-liquid
pod, disposable), product names, and flavors for which certification forms have
been submitted and approved by the commissioner and shall update the directory
at least monthly to ensure accuracy.  The commissioner shall establish a
process to provide manufacturers, licensed retailers, distributors, and
wholesalers notice of the initial publication of the directory and changes made
to the directory in the prior month.

     (8)  Neither a manufacturer
nor its ENDS products shall be included or retained in the directory if the
commissioner determines that any of the following apply:

          (a)  The manufacturer
failed to provide a complete and accurate certification as required by
subsection (1) of this section;

          (b)  The manufacturer
submitted a certification that does not comply with the requirements of
subsections (2) and (3) of this section;

          (c)  The manufacturer
failed to include with its certification the payment required by subsection
(3)(b) of this section;

          (d)  The manufacturer
sold ENDS products in Mississippi required to be certified under this section
during a period when either the manufacturer or the ENDS product had not been
certified and listed on the directory; or

          (e)  The information
provided by the manufacturer in its certification is determined by the
commissioner to contain false information or contains material
misrepresentations or omissions.

     (9)  The commissioner shall
provide manufacturers notice and an opportunity to cure deficiencies before
removing manufacturers or ENDS products from the directory.

          (a)  The commissioner
may not remove the manufacturer or its ENDS products from the directory until
at least thirty (30) business days after the manufacturer has been given notice
of an intended action setting forth the reasons therefor.  Notice shall be
sufficient and be deemed immediately received by a manufacturer if the notice
is sent either electronically or by facsimile to an electronic mail address or
facsimile number, as the case may be, provided by the manufacturer in its most
recent certification filed under subsections (2) and (3) of this section.

          (b)  The ENDS product
manufacturer shall have fifteen (15) business days from the date of service of
the notice of the commissioner's intended action to cure the deficiencies or
otherwise establish that the ENDS product manufacturer or its ENDS products
should be included in the directory.

          (c)  Retailers shall
have thirty (30) days following the removal of a manufacturer or its ENDS
products from the directory to sell such ENDS products that were in the
retailer’s inventory as of the date of removal.

          (d)  After thirty (30)
calendar days following removal from the directory, the ENDS product of a
manufacturer identified in the notice of removal and intended for retail sale
or for sale to a consumer in Mississippi is subject to seizure, forfeiture, and
destruction by the department, the Mississippi Attorney General's Office, or
any law enforcement agency in the State of Mississippi, and may not be
purchased or sold for retail sale or for sale to a consumer in Mississippi. 
The cost of such seizure, forfeiture, and destruction shall be borne by the
person from whom the ENDS products are confiscated, except that no ENDS
products may be seized from a consumer who has made a bona fide purchase of
such ENDS product.  The department, Mississippi Attorney General's Office, or
other law enforcement agency in the State of Mississippi may store and dispose
of the seized ENDS products as appropriate, in accordance with federal, state
and local laws pertaining to storage and disposal of such ENDS products.

     (10)  (a)  Except as
provided in paragraphs (b) and (c) of this subsection (10), beginning on
October 1, 2025, or on the date that the commissioner first makes the directory
available for public inspection on the department's official website, whichever
is later, ENDS products not included in the directory, shall not be sold for retail
sale in Mississippi, either directly or through an importer, distributor,
wholesaler, retailer, or similar intermediary or intermediaries.

          (b)  Each retailer
shall have sixty (60) days from the date that the commissioner first makes the
directory available for inspection on its the department's website to sell ENDS
products that were in its inventory and not included in the directory or remove
those ENDS products from inventory.

          (c)  Each distributor
or wholesaler shall have sixty (60) days from the date that the commissioner
first makes the directory available for inspection on the department's website
to remove those ENDS products intended for sale in the state from its inventory.

          (d)  After sixty (60)
calendar days following publication of the directory, ENDS products not listed
in the directory and intended for retail sale or for sale to a consumer in
Mississippi are subject to seizure, forfeiture, and destruction by the
department, the Mississippi Attorney General's Office, or any law enforcement
agency in the State of Mississippi, and may not be purchased or sold for retail
sale or for sale to a consumer in Mississippi except as provided in subsection
(9) of this section.  The cost of such seizure, forfeiture, and destruction
shall be paid by the person from whom the ENDS products are confiscated, except
that no ENDS products may be seized from a consumer who has made a bona fide
purchase of such ENDS product.  The department, Mississippi Attorney General's
Office, or other law enforcement agency may store and dispose of the seized
ENDS

products as appropriate, in accordance with federal, state, and
local laws pertaining to storage and disposal of such ENDS

products.

     (11)  (a)  A manufacturer,
retailer, distributor, wholesaler, or importer who sells or offers for sale an
ENDS product for retail sale or for sale to a consumer in Mississippi that is
not included in the directory shall be subject to a criminal penalty imposed by
the Mississippi Attorney General's Office or a district attorney.  Each
violation of the provisions of this subsection (11) shall be treated as a
separate offense.  A violation of this subsection shall be punishable as
follows:

              (i)  For each
individual ENDS product offered for sale in violation of this section until the
offending ENDS product is removed from the market or until the offending ENDS
product is properly listed on the directory, the penalty shall be not more than
Five Hundred Dollars ($500.00) per ENDS product per day.

              (ii)  For a second
violation of this type within a twelve-month period, the penalty shall be at
least Seven Hundred Fifty Dollars ($750.00), but not more than One Thousand
Dollars ($1,000.00), per ENDS product per day.

              (iii)  For a third
violation of this type within a twelve-month period after the initial
violation, the penalty shall be at least One Thousand Dollars ($1,000.00), but
not more than One Thousand Five Hundred Dollars ($1,500.00), per ENDS product
per day.

              (iv)  For any
subsequent violation, the Attorney General or district attorney may bring an
action in the appropriate state court to prevent a manufacturer, retailer,
distributor, wholesaler, or importer from selling or offering to sell an ENDS
product that is not included in the directory.

              (v)  If the ENDS
product contains any controlled substance, including, but not limited to,
fentanyl, that causes the recipient of such to require emergency medical care
as a result of using the ENDS product, then the applicable penalty described in
this paragraph (a) shall be trebled, and any other penalty provided by law for
the sale, possession, or furnishing of a controlled substance shall be added.

          (b)  Additionally, a
manufacturer whose ENDS products are not listed in the directory and who causes
the ENDS products that are not listed to be sold for retail sale in
Mississippi, whether directly or through an importer, distributor, wholesaler,
retailer, or similar intermediary or intermediaries, is subject to a civil
penalty of Two Thousand Five Hundred Dollars ($2,500.00) per day for each
individual ENDS product offered for sale in violation of this section until the
offending ENDS product is removed from the market or until the offending ENDS
product is properly listed on the directory.  In addition, any manufacturer
that falsely represents any information required by a certification form shall
be guilty of a misdemeanor for each false representation.

          (c)  In an action to
enforce this section, the state shall be entitled to recover costs, including
the costs of investigation, expert witness fees and reasonable attorney fees.

          (d)  A repeated
violation of this section shall constitute a deceptive trade practice under
Section 75-24-5.

     (12)  (a)  A manufacturer
not registered to do business in the state shall, as a condition precedent to
having its name or its products listed and retained in the directory, appoint
and continually engage without interruption a registered agent in Mississippi
for service of process on whom all process and any action or proceeding arising
out of the enforcement of this section may be served.  The manufacturer shall
provide to the commissioner the name, address, and telephone number of its
agent for service of process and shall provide any other information relating
to its agent as may be requested by the commissioner.

          (b)  A manufacturer
located outside of the United States shall, as an additional condition
precedent to having its products listed or retained in the directory, cause
each of its importers of any of its ENDS products to be sold in Mississippi to
appoint, and continually engage without interruption, the services of an agent
in the state in accordance with the provisions of this section.  All
obligations of a manufacturer imposed by this section with respect to
appointment of its agent shall also apply to the importers with respect to
appointment of their agents.

          (c)  A manufacturer
shall provide written notice to the commissioner thirty (30) calendar days
prior to the termination of the authority of an agent appointed under
paragraphs (a) and (b) of this subsection (12).  No less than five (5) calendar
days prior to the termination of an existing agent appointment, a manufacturer
shall provide to the commissioner the name, address and telephone number of its
newly appointed agent for service of process and shall provide any other
information relating to the new appointment as may be requested by the
commissioner.  In the event an agent terminates an agency appointment, the
manufacturer shall notify the commissioner of the termination within five (5)
calendar days and shall include proof to the satisfaction of the commissioner
of the appointment of a new agent.

     (13)  (a)  Any nonresident
or foreign manufacturer that has not registered to do business in the state as
a foreign corporation or business entity shall, as a condition precedent to
having its name or its ENDS products listed and retained in the directory
submit to the commissioner a surety bond or other cash security payable to the
State of Mississippi in the amount of Twenty-five Thousand Dollars
($25,000.00).  The bond shall be posted by a corporate surety located within
the United States.

          (b)  The bond shall be
conditioned on the performance by the manufacturer of all requirements and
obligations imposed by this section.  A surety on a manufacturer’s bond shall
be liable up to the amount of the bond, and the state may execute on such
surety bond, for the payment of fines and penalties imposed on the manufacturer
under this section and for the costs of seizure and destruction of ENDS products
sold in violation of this section.  If the state executes on the surety bond,
it may require the manufacturer to provide an additional bond as a condition
precedent for retaining the manufacturer or its ENDS products in the directory.

          (c)  A surety on a bond
furnished by a manufacturer as provided in this section shall be released and
discharged from liability to the state accruing on the bond after expiration of
sixty (60) days from the date upon which such surety shall have lodged with the
commissioner a written request to be released and discharged.  This provision
shall not operate to relieve, release, or discharge the surety from liability
already accrued or which shall accrue before the expiration of the sixty-day
period.  The commissioner shall, upon receiving any such request, notify the
manufacturer who furnished the bond.  Unless the manufacturer, on or before the
expiration of the sixty-day period, files with the commissioner a new bond,
with the surety approved by and acceptable to the commissioner, the
commissioner shall remove the manufacturer and its ENDS products from the
directory.

     (14)  Each retailer,
distributor, and wholesaler that sells or distributes ENDS products in this
state or sells ENDS products to consumers in this state shall be subject to at
least two (2) unannounced compliance checks annually by the department for
purposes of enforcing this section.  Unannounced follow-up compliance checks of
all noncompliant retailers, distributors, and wholesalers shall be conducted
within thirty (30) days after any violation of this article.  The department
shall publish the results of all compliance checks annually and shall make the
results available to the public upon request.  This section does not affect the
authority of the Attorney General's Office under Section 97-32-21 to ensure
compliance with the Mississippi Juvenile Tobacco Access Prevention Act of 1997
by conducting random, unannounced inspection checks where alternative nicotine
products, tobacco, or tobacco products are sold or distributed.  The Attorney
General's Office shall also have the authority to conduct random, unannounced
inspections at locations where ENDS products are sold to ensure compliance with
this section.

     (15)  The commissioner may
promulgate rules necessary to effectuate the purposes of this section.  By
January 1, 2026, the department shall promulgate rules and regulations and
implement a permitting process for retailers, wholesalers, and distributors of
ENDS products in Mississippi.

     (16)  All fees and penalties
collected by the commissioner pursuant to this section shall be used for
administration and enforcement of this section.

     (17)  Before January 1,
2026, and annually thereafter, the commissioner shall provide a report to the
Legislature regarding the status of the directory, manufacturers and ENDS
products included in the directory, revenue and expenditures related to
administration of this section, and enforcement activities undertaken pursuant
to this section of this act.

Instrument

41-29-113 Schedule I of controlled substances -- (d) Hallucinogenic substances: (d)(31) Tetrahydrocannabinols (synthetic equivalents / derivatives / isomers with similar chemical structure and pharmacological activity) and (d)(55) Synthetic cannabinoids

Source

https://law.justia.com/codes/mississippi/title-41/chapter-29/article-3/section-41-29-113/

Retrieved

2026-07-02

Fingerprint

f02ce112ef4b0694

(d) Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances, their salts, isomers (whether optical, positional, or geometric) and salts of isomers, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:

(31) Tetrahydrocannabinols, meaning tetrahydrocannabinols contained in a plant of the genus Cannabis (cannabis plant), as well as the synthetic equivalents of the substances contained in the cannabis plant, or in the resinous extractives of such plant, and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant such as the following:

(A) 1 cis or trans tetrahydrocannabinol;

(B) 6 cis or trans tetrahydrocannabinol;

(C) 3,4 cis or trans tetrahydrocannabinol. (Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of atomic positions, are covered.)

(“Tetrahydrocannabinols” excludes dronabinol and nabilone.) For purposes of this paragraph, tetrahydrocannabinols do not include hemp or hemp products regulated under Sections 69-25-201 through 69-25-221.

However, the following products are exempted from control:

(i) THC-containing industrial products made from cannabis stalks (e.g., paper, rope and clothing);

(ii) Processed cannabis plant materials used for industrial purposes, such as fiber retted from cannabis stalks for use in manufacturing textiles or rope;

(iii) Animal feed mixtures that contain sterilized cannabis seeds and other ingredients (not derived from the cannabis plant) in a formula designed, marketed and distributed for nonhuman consumption;

(iv) Personal care products that contain oil from sterilized cannabis seeds, such as shampoos, soaps, and body lotions (if the products do not cause THC to enter the human body);

(v) Hemp as regulated under Sections 69-25-201 through 69-25-221; and

(vi) Any product derived from the hemp plant designed for human ingestion and/or consumption that is approved by the United States Food and Drug Administration;

(55) Synthetic cannabinoids. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of a synthetic cannabinoid found in any of the following chemical groups, whether or not substituted to any extent, or any of those groups which contain any synthetic cannabinoid salts, isomers, or salts of isomers, whenever the existence of such salts, isomers, or salts of isomers is possible within the specific chemical designation, including all synthetic cannabinoid chemical analogues in such groups:

(A) (6aR,10aR)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c] chromen-1-ol (also known as HU-210 or 1,1-dimethylheptyl-11-hydroxy-delta8-tetrahydrocannabinol);

(B) Naphthoylindoles and naphthylmethylindoles, being any compound structurally derived from 3-(1-naphthoyl)indole or 1H-indol-3-yl-(1-naphthyl)methane, whether or not substituted in the indole ring to any extent, or in the naphthyl ring to any extent;

(C) Naphthoylpyrroles, being any compound structurally derived from 3-(1-naphthoyl)pyrrole, whether or not substituted in the pyrrole ring to any extent, or in the naphthyl ring to any extent;

(D) Naphthylmethylindenes, being any compound structurally derived from 1-(1-naphthylmethyl)indene, whether or not substituted in the indene ring to any extent or in the naphthyl ring to any extent;

(E) Phenylacetylindoles, being any compound structurally derived from 3-phenylacetylindole, whether or not substituted in the indole ring to any extent or in the phenyl ring to any extent;

(F) Cyclohexylphenols, being any compound structurally derived from 2-(3-hydroxycyclohexyl)phenol, whether or not substituted in the cyclohexyl ring to any extent or in the phenolic ring to any extent;

(G) Benzoylindoles, whether or not substituted in the indole ring to any extent or in the phenyl ring to any extent;

(H) Adamantoylindoles, whether or not substituted in the indole ring to any extent or in the adamantoyl ring system to any extent;

(I) Tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabinol or of its tetrahydro derivatives, except where contained in cannabis or cannabis resin;

(J) 3-Cyclopropylmethanone indole or 3-Cyclobutylmethanone indole or 3-Cyclopentylmethanone indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the cyclopropyl, cyclobutyl or cyclopentyl rings to any extent;

(K) Quinolinyl ester indoles, being any compound structurally derived from 1H-indole-3carboxylic acid-8-quinolinyl ester, whether or not substituted in the indole ring to any extent or the quinolone ring to any extent;

(L) 3-carboxamide-1H-indazoles, whether or not substituted in the indazole ring to any extent and substituted to any degree on the carboxamide nitrogen and 3-carboxamide-1H-indoles, whether or not substituted in the indole ring to any extent and substituted to any degree on the carboxamide nitrogen;

(M) Cycloalkanemethanone Indoles, whether or not substituted at the nitrogen atom on the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the cycloalkane ring to any extent;