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

Instrument

Definitions; sale of tobacco, nicotine or vapor products to persons under 21

Source

https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=483176

Retrieved

2026-11-06

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63 O.S. 1-229.12(1), (6)
1.  "Nicotine product" means any product that contains nicotine extracted or isolated from plants, vegetables, fruit, herbs, weeds, genetically modified organic matter, or that is synthetic in origin and is intended for human consumption; provided, however, this term shall not include products approved by the United States Food and Drug Administration for smoking cessation;
6.  "Tobacco product" means any product that contains tobacco and is intended for human consumption;

63 O.S. 1-229.13(A), (B)
A. It is unlawful for any person to sell, give or furnish in any manner any tobacco product, nicotine product or vapor product to another person who is under twenty-one (21) years of age, or to purchase in any manner a tobacco product, nicotine product or vapor product on behalf of any such person. It shall not be unlawful for an employee under twenty-one (21) years of age to handle tobacco products, nicotine products or vapor products when required in the performance of the employee’s duties.

B. A person engaged in the sale or distribution of tobacco products, nicotine products or vapor products shall demand proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that the prospective purchaser may be under twenty-one (21) years of age.

If an individual engaged in the sale or distribution of tobacco products, nicotine products or vapor products has demanded proof of age from a prospective purchaser or recipient who is not under twenty-one (21) years of age, the failure to subsequently require proof of age shall not constitute a violation of this subsection.

Instrument

Vapor product manufacturer attestation, directory, and bar on sale of unlisted vapor products

Source

https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=489123

Retrieved

2026-11-06

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63 O.S. 1-229.35
A.  Beginning July 1, 2023, every manufacturer of a vapor product that is sold or intended to be sold in this state, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, shall execute and deliver an attestation under penalty of perjury to the Oklahoma Alcoholic Beverage Laws Enforcement (ABLE) Commission certifying that, as of the date of such attestation:

1.  The vapor product was available for purchase in the United States as of August 8, 2016, and the manufacturer has applied for a marketing order for the vapor product by submitting a Premarket Tobacco Product Application on or before September 9, 2020, to the United States Food and Drug Administration (FDA); or

2.  The manufacturer has received a marketing order or other authorization for the vapor product from the FDA pursuant to Section 387j of Title 21 of the United States Code.

B.  The manufacturer shall notify the ABLE Commission within thirty (30) days of any material change to the attestation, including whether the FDA has issued or not issued a market order or other authorization or has ordered the manufacturer to remove the vapor product, either temporarily or permanently, from the United States market.

C.  The ABLE Commission shall develop a directory listing all of the manufacturers that have provided attestations that comply with subsection A of this section and all vapor products that are listed in such attestations.  The ABLE Commission shall:

1.  Make the directory available for public inspection on its website on or before October 1, 2023; and

2.  Update the directory as necessary to correct mistakes and to add or remove manufacturers or vapor products to maintain the directory in conformity with the requirements of this section.

D.  It shall be unlawful for any person, directly or indirectly, to knowingly manufacture, distribute, sell, barter, or furnish in this state any vapor product that is not included in the directory.

63 O.S. 1-229.12(9)
9.  "Vapor product" shall mean noncombustible products, that may or may not contain nicotine, that employ a mechanical heating element, battery, electronic circuit, or other mechanism, regardless of shape or size, that can be used to produce a vapor in a solution or other form.  "Vapor products" shall include any vapor cartridge or other container with or without nicotine or other form that is intended to be used with an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of a solution, that may or may not contain nicotine, that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo or electronic device.  "Vapor products" do not include any products regulated by the United States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act.