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

Instrument

Tobacco product definition; sale to persons under 21

Source

https://sdlegislature.gov/api/Statutes/34-46.html?all=true

Retrieved

2026-11-06

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7f34ae3a440c4549

“Tobacco product,” any item made of tobacco intended for human consumption, including cigarettes, cigars, pipe tobacco, and smokeless tobacco, and vapor products as defined in § 
34-46-20
;

The following actions are unlawful:
(1)    To knowingly sell or distribute a tobacco product to a person under the age of twenty-one;

Instrument

Sale to persons under 21; vapor product definition; packaging and display

Source

https://sdlegislature.gov/api/Statutes/34-46.html?all=true

Retrieved

2026-11-06

Fingerprint

f6d8f3d26a773666

The following actions are unlawful:
(1)    To knowingly sell or distribute a tobacco product to a person under the age of twenty-one;

Tobacco product includes vapor product.
For the purposes of this chapter, the term, tobacco product, includes vapor product. The term, vapor product, means any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form. The term, vapor product, includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic smoking device, or similar product or device. The term, vapor product, does not include any product approved by the United States Food and Drug Administration for sale as tobacco cessation products and marketed and sold solely for that purpose.

No person may sell a vapor product other than in an unopened package originating with the manufacturer and depicting the warning labels required by federal law, or sell a vapor product through self-service display other than a display that is:
(1)    A vending machine permitted under subdivision 34-46-2(5); or
(2)    Located in a tobacco specialty store.
A violation of this section is a Class 2 misdemeanor. A person is not liable for more than one violation of this section on a single day.