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

Instrument

Inhalant delivery systems: definition, labeling, child-resistant and not-attractive-to-minors packaging; sale to persons under 21

Source

https://www.oregonlegislature.gov/bills_laws/ors/ors431A.html

Retrieved

2026-11-06

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ORS 431A.175(1)(a)
(a)(A) “Inhalant
delivery system” means:

      (i) A device that
can be used to deliver nicotine or cannabinoids in the form of a vapor or
aerosol to a person inhaling from the device; or

      (ii) A component
of a device described in this subparagraph or a substance in any form sold for
the purpose of being vaporized or aerosolized by a device described in this
subparagraph, whether the component or substance is sold separately or is not
sold separately.

      (B) “Inhalant
delivery system” does not include:

      (i) Any product that
has been approved by the United States Food and Drug Administration for sale as
a tobacco cessation product or for any other therapeutic purpose, if the
product is marketed and sold solely for the approved purpose; and

      (ii) Tobacco
products.

ORS 431A.175(2)(d) to (f), (4)
(d) To
distribute, sell or allow to be sold an inhalant delivery system if the
inhalant delivery system is not labeled in accordance with rules adopted by the
authority.

      (e) To
distribute, sell or allow to be sold an inhalant delivery system if the
inhalant delivery system is not packaged in child-resistant safety packaging,
as required by the authority by rule.

      (f) To
distribute, sell or allow to be sold an inhalant delivery system if the
inhalant delivery system is packaged in a manner that is attractive to minors,
as determined by the authority by rule.
(4) Rules adopted
under subsection (2)(d), (e) and (f) of this section must be consistent with
any regulation adopted by the United States Food and Drug Administration
related to labeling or packaging requirements for inhalant delivery systems.

ORS 167.755(1)
(1) A person commits the offense of selling tobacco products or inhalant
delivery systems to a person under 21 years of age upon the occurrence of one
of the following:

      (a) The person
knowingly distributes or sells, or allows to be sold, to a person under 21
years of age, tobacco products;

      (b) The person
knowingly distributes or sells, or allows to be sold, to a person under 21
years of age, an inhalant delivery system;

      (c) If the person
is a manager or other person who supervises the retail sale of tobacco products
or inhalant delivery systems, the person is acting within the course and scope
of the person’s employment and the person has supervisory authority over a
person who violates paragraph (a) or (b) of this subsection; or

      (d) If the person
is an owner of a business that sells tobacco products or inhalant delivery
systems at retail, a violation of paragraph (a) or (b) of this subsection
occurs at the business.

Instrument

Nicotine and tobacco products definitions (2026); sale to persons under 21

Source

https://olis.oregonlegislature.gov/liz/2026R1/Downloads/MeasureDocument/SB1571/Enrolled

Retrieved

2026-11-06

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SB 1571 (2026), ORS 431A.175(1)(b)
(b) "Nicotine" means any form of the chemical nicotine, regardless of whether the
chemical is naturally or synthetically derived, including any salt, complex, alkaloid or analog
of nicotine.

ORS 167.755(1)
(1) A person commits the offense of selling tobacco products or inhalant
delivery systems to a person under 21 years of age upon the occurrence of one
of the following:

      (a) The person
knowingly distributes or sells, or allows to be sold, to a person under 21
years of age, tobacco products;

      (b) The person
knowingly distributes or sells, or allows to be sold, to a person under 21
years of age, an inhalant delivery system;

      (c) If the person
is a manager or other person who supervises the retail sale of tobacco products
or inhalant delivery systems, the person is acting within the course and scope
of the person’s employment and the person has supervisory authority over a
person who violates paragraph (a) or (b) of this subsection; or

      (d) If the person
is an owner of a business that sells tobacco products or inhalant delivery
systems at retail, a violation of paragraph (a) or (b) of this subsection
occurs at the business.