UtahUtah requires registration before sellers can sell nicotine-free vapes
Utah requires registration before nicotine-free vapes can be sold and penalizes business sales of cannabinoid vapes, with an exception for lawful medical cannabis sales.
What it does
Nicotine-free vapes and vape substances must appear on Utah's approved-product list before sale. Makers must document federal approval or, for substances, a qualifying pending application.
Sellers of unregistered nicotine-free vapes or vape substances face escalating fines. A third violation costs the store its permit and bars another application for 24 months.
Retail owners and workers face criminal penalties for knowingly or intentionally selling or giving customers cannabinoid vapes or vape substances. Lawful medical cannabis sales are exempt.
Electronic cigarette products, including covered nicotine-free vapes and vape substances, carry a tax of 56% of the manufacturer's sales price. Tourists' imports for personal use are exempt.
Argument forFederal approval checks and state review could help keep nicotine-free vapes that lack the required approval off store shelves.
Argument againstFines and permit loss for selling unregistered nicotine-free vapes could threaten a store's ability to stay open.
More detail
Sellers must check that covered nicotine-free vapes and vape substances appear on Utah's approved-product list before selling them. Coverage includes sealed nicotine-free vapes and substances intended for electronic cigarettes, including vitamin or supplement vapes. They contain neither nicotine nor cannabinoids, such as CBD or THC. Medical cannabis devices are excluded. Sealed nicotine-free vapes need approval from the United States Food and Drug Administration for sale across state lines. Nicotine-free vape substances need federal tobacco product approval or a qualifying pending application. The pending route requires U.S. marketing on or before August 8, 2016, an application submitted before September 9, 2020, and review still pending or no final decision in effect. Manufacturers provide approval documents for review by the Utah Department of Health and Human Services. Registry fees are $1,000 for each product first listed and $250 per product each year. The law takes effect July 1, 2026. Manufacturers must renew their product certifications on or before January 31 each year.
State and local health agencies and the Utah Department of Agriculture and Food enforce the ban on selling unregistered nicotine-free vapes and vape substances. These penalties cover sales of nicotine-free vapes and vape substances absent from the state registry. Enforcement includes notice of alleged violations and hearings. The first violation carries a $1,500 penalty, the second carries $5,000, and the third carries $6,000 plus loss of the retailer's permit. Permit restrictions also cover retailers sharing significant owners or officers with a retailer whose permit was revoked. A documented sale between independent parties can clear the store's violation record. These provisions take effect July 1, 2026. The 24-month application ban starts on the day the retailer's permit is revoked.
Retail owners and workers may not knowingly or intentionally sell or give customers cannabinoid vapes or cannabinoid vape substances in the course of business. Coverage includes electronic cigarettes containing cannabinoids, such as CBD or THC, and cannabinoid substances intended for those devices. A first offense is a class C misdemeanor, a criminal offense, with a fine up to $1,000 or unpaid service. Later offenses are class B misdemeanors with a fine up to $2,000 or unpaid service. The prohibition does not restrict medical cannabis or medical cannabis device sales that follow Utah's medical cannabis and cannabis pharmacy laws. Electronic cigarette products containing cannabinoids cannot appear on the state's approved-product list. These provisions take effect July 1, 2026.
Utah taxes electronic cigarette products at 56% of the manufacturer's sales price. Electronic cigarette products include covered nicotine-free vapes and nicotine-free vape substances. The tax is due when the product is first received in Utah and must be paid before resale. Tourists importing products for their own use while in Utah do not have to file the consumer tax statement or pay this tax. The law takes effect July 1, 2026.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 23Governor Spencer Cox SignedBecame Law
- Mar 16House/ to GovernorTo Governor
- Mar 16House/ received enrolled bill from PrintingMinor
- Mar 12House/ enrolled bill to Printing
- Mar 12Enrolled Bill Returned to House or SenateMinor
- Mar 10Draft of Enrolled Bill Prepared
- Mar 10Bill Received from House for EnrollingMinor
- Mar 7House/ signed by Speaker/ sent for enrollingMajor
- Mar 7House/ received from SenateMinor
- Mar 7Senate/ to House
- Mar 7Senate/ signed by President/ returned to HouseMajor
- Mar 7Senate/ received from HouseMinor
- Mar 6House/ to Senate
- Vote recorded House/ concurs with Senate amendment. Result: pass.Lower
- Vote recorded Senate/ passed 2nd & 3rd readings/ suspension. Result: pass.Upper
- Mar 6House/ concurs with Senate amendmentMajor
- Mar 6House/ placed on Concurrence Calendar
- Mar 6House/ received from SenateMinor
- Mar 6Senate/ to House with amendments
- Mar 6Senate/ passed 2nd & 3rd readings/ suspensionPassed Senate
- Mar 6Senate/ 2nd & 3rd readings/ suspensionMinor
- Mar 6Senate/ Rules to 2nd Reading Calendar
- Mar 5Senate/ 2nd Reading Calendar to Rules [Senate Rules Committee]Minor
- Mar 2LFA/ fiscal note publicly available for HB0265S02
- Mar 1LFA/ fiscal note sent to sponsor for HB0265S02
- Feb 26Senate/ placed on 2nd Reading Calendar
- Feb 26Senate/ comm rpt/ substituted [Senate Health and Human Services Committee]
- Feb 25Senate Comm - Favorable Recommendation [Senate Health and Human Services Committee]Minor
- Feb 25Senate Comm - Substitute Recommendation [Senate Health and Human Services Committee]Major
- Feb 25LFA/ bill sent to agencies for fiscal input for HB0265S02
- Feb 25LFA/ bill assigned to staff for fiscal analysis for HB0265S02
- Feb 23Senate/ to standing committee [Senate Health and Human Services Committee]Minor
- Feb 12Senate/ 1st reading (Introduced)Minor
- Feb 10Senate/ received from HouseMinor
- Vote recorded House/ passed 3rd reading. Result: pass.Lower
- Feb 10House/ to Senate
- Feb 10House/ passed 3rd readingPassed House
- Feb 10House/ 3rd readingMinor
- Feb 4LFA/ fiscal note publicly available for HB0265S01
- Feb 3LFA/ fiscal note sent to sponsor for HB0265S01
- Feb 2House/ 2nd readingMinor
- Feb 2House/ comm rpt/ substituted/ amended [House Economic Development and Workforce Services Committee]Major
- Jan 30House Comm - Favorable Recommendation [House Economic Development and Workforce Services Committee]Minor
- Jan 30House Comm - Amendment Recommendation [House Economic Development and Workforce Services Committee]Minor
- Jan 30House Comm - Substitute Recommendation [House Economic Development and Workforce Services Committee]Major
- Jan 30LFA/ bill sent to agencies for fiscal input for HB0265S01
- Jan 30LFA/ bill assigned to staff for fiscal analysis for HB0265S01
- Jan 27House/ to standing committee [House Economic Development and Workforce Services Committee]Minor
- Jan 21House/ received fiscal note from Fiscal AnalystMinor
- Jan 20LFA/ fiscal note publicly available for HB0265
- Jan 20LFA/ fiscal note sent to sponsor for HB0265
- Jan 20House/ 1st reading (Introduced)Minor
- Jan 20House/ received bill from Legislative ResearchMinor
- Jan 15LFA/ bill sent to agencies for fiscal input for HB0265
- Jan 15LFA/ bill assigned to staff for fiscal analysis for HB0265
- Jan 15Numbered Bill Publicly Distributed
- Jan 15Bill Numbered but not DistributedIntroduced
Consumer ProtectionCriminal JusticeTaxes & Budget