Is Tobacco Legal in North Dakota? (2026)
It depends. In North Dakota, tobacco is restricted. Tobacco products, including cigarettes, cigars, vaping devices, e-cigarettes, and smokeless tobacco, are legal for adults aged 21 and over in North Dakota, but their use is restricted in many public places..
Key facts
- Status
- Restricted
- Permit required
- No
- Jurisdiction
- North Dakota
- Last reviewed
- 2026-02-25
Tobacco laws in North Dakota
North Dakota law, specifically ND Century Code Chapter 12.1-31.2, generally permits the sale and use of tobacco products. However, the use of these products, including e-cigarettes and vaping devices, is prohibited in most enclosed public places and places of employment, as outlined in ND Century Code 23-12-10. This smoke-free law covers restaurants, bars, public buildings, and workplaces. The sale of tobacco products to individuals under 21 years of age is strictly prohibited (ND Century Code 12.1-31.2-03). Retailers are required to check identification for anyone appearing under the age of 27. The law also restricts the placement of tobacco products in retail stores, usually requiring them to be behind the counter or in an age-restricted area.
Frequently asked questions
Is tobacco legal in North Dakota for travelers?
For travelers visiting North Dakota, tobacco is currently restricted. North Dakota law, specifically ND Century Code Chapter 12.1-31.2, generally permits the sale and use of tobacco products. However, the use of these products, including e-cigarettes and vaping devices, is prohibited in most enclosed public places and places of employment, as outlined in ND Century Code 23-12-10. This smoke-free law covers restaurants, bars, public buildings, and workplaces. The sale of tobacco products to individuals under 21 years of age is strictly prohibited (ND Century Code 12.1-31.2-03). Retailers are required to check identification for anyone appearing under the age of 27. The law also restricts the placement of tobacco products in retail stores, usually requiring them to be behind the counter or in an age-restricted area.
Do I need a permit for tobacco in North Dakota?
North Dakota does not specifically require a permit for tobacco, though general regulations apply.
Can I transport tobacco through North Dakota?
Transport laws for tobacco in North Dakota depend on the specific item and your route. Generally, transport is allowed if you comply with state regulations. Always check states you pass through.
What are the penalties for tobacco violations in North Dakota?
Penalties for tobacco violations in North Dakota vary based on the specific offense. Always verify current laws before traveling.