As the use of e-cigarettes and vape devices continues to rise, South Dakota has put clear rules in place to control how these products are used, sold, and accessed—especially by young people. Whether you’re a vaper, a parent, or a retailer, it’s important to understand the laws that apply in 2025.
Let’s break it down.
How Does South Dakota Define an E-Cigarette in 2025?
In South Dakota, e-cigarettes fall under the category of “vapor products” or “electronic smoking devices.”
These include:
- Vape pens
- E-cigarettes (e-cigs)
- E-hookahs
- E-pipes
- Any device that turns nicotine or other substances into vapor or aerosol for inhaling
It also includes nicotine cartridges and refill containers designed to work with these devices.
Legal sources:
SD Codified Laws §§ 34-46-1(1), 34-46-20, 34-46-1(7) (2024–2025)
Is There a Special Tax on E-Cigarettes in South Dakota?
As of 2025, South Dakota does not charge a special excise tax on e-cigarettes. Regular state sales tax still applies, but there’s no extra vaping-specific tax at this time.
Packaging Laws for Vapor Products
By law, all vapor products must be sold in the original manufacturer’s packaging. This helps prevent tampering and ensures accurate labeling of contents.
Legal reference: S.D. Codified Laws § 34-46-21
Age Restrictions and Youth Access
South Dakota enforces strict age-based laws to protect young people:
- You must be 21 or older to buy, use, or possess any vapor product
- It is illegal to give out free samples within 500 feet of schools or playgrounds
- Vapor products must be kept behind the counter or in restricted vending machines
- Self-service displays are only allowed in tobacco-only shops
Legal references: SD Codified Laws §§ 34-46-2(1), 34-46-2(2), 34-46-2(5), 34-46-2(7)
Do You Need a License to Sell E-Cigarettes in South Dakota?
No. As of 2025, there is no retail license required to sell vapor products in South Dakota. But sellers must still follow all state laws, especially regarding age limits and proper packaging.
Where Is Vaping Banned in South Dakota?
Just like regular cigarettes, vaping is banned in all smoke-free public places and workplaces, including:
- Offices
- Restaurants and bars
- Government buildings
- Schools and hospitals
- State-owned vehicles and properties
The Department of Corrections also bans e-cigarette use by staff and offenders on all executive branch property, including walkways and parking areas.
FAQs
Q1. What’s the legal age to vape in South Dakota in 2025?
You must be 21 or older to buy, use, or possess e-cigarettes or vapor products.
Q2. Do I need a license to sell vapes in South Dakota?
No license is required, but you must follow state law regarding packaging, display, and age verification.
Q3. Can I vape in public in South Dakota?
No. Vaping is banned in public places, workplaces, and any areas where smoking is already prohibited.
Q4. Are there any vape taxes in South Dakota?
As of 2025, there is no specific excise tax on vapor products in South Dakota.
Q5. Can teens possess e-cigarettes even if they’re not using them?
No. Possession of any vapor product by anyone under 21 is illegal.