If you’re in Mississippi and like to vape, you might be wondering if it’s illegal to vape and drive. While there are no specific laws about vaping while driving, Mississippi has strict rules for vaping products and where they can be used. New vaping laws are being rolled out through 2025, with House Bill 916 being the most significant change.
In this guide, we’ll break down the vaping laws in Mississippi, including the recent changes, and what it means for consumers and drivers.
Mississippi’s Vaping Laws: A Quick Overview
Mississippi is making big changes to its vaping laws. While there’s no statewide ban on vaping in public, there are restrictions on where and how vaping products can be sold and used. The new rules are part of an effort to limit youth access to vaping products and make sure products are safe.
What’s House Bill 916?
House Bill 916 is a new law that introduces a state-run registry for vaping products. To be sold legally in Mississippi, a product must be approved by the U.S. Food and Drug Administration (FDA). This law will reduce the variety of products available, allowing only those that meet specific criteria from FDA-approved manufacturers.
How Will the PMTA Registry Work?
By 2025, Mississippi will have a list of approved vaping products. Manufacturers need to register their products with the state to sell them legally. This means that products not meeting the FDA’s standards will be banned. The key dates for the law are:
- July 1, 2025: Law takes effect.
- September 1, 2025: Manufacturers must submit certifications for their products.
- October 1, 2025: The list of approved products will be made public.
- December 1, 2025: Full enforcement begins.
Where Can You Vape in Mississippi?
Right now, there is no statewide ban on vaping in public places in Mississippi. Local cities have their own rules, so whether you can vape indoors depends on where you are.
- Schools: Vaping is completely banned on school property, including buses and school events.
- Local Ordinances: More than 30 cities have their own vaping bans in places where smoking is also prohibited, such as in restaurants, bars, and workplaces.
Always check the local rules wherever you go, especially in public places like restaurants or offices.
Can You Vape and Drive in Mississippi?
There’s no specific law in Mississippi that bans vaping while driving. However, you should be cautious. If vaping distracts you or affects your ability to drive safely, it could lead to a ticket for reckless driving or distracted driving. So, while it’s not illegal to vape and drive in Mississippi, you should always focus on the road.
Selling Vaping Products in Mississippi
To sell vaping products in Mississippi, businesses need a tobacco permit from the Mississippi Department of Revenue. There are strict rules for retailers:
- No self-service displays: Products must be kept behind the counter or locked up.
- Child-resistant packaging: E-liquids must come in containers that are hard for kids to open.
- Youth appeal restrictions: No images that might attract children, like cartoons or candy designs, are allowed on packaging.
- Record-keeping: Retailers must keep detailed records of sales for four years.
Flavored Vaping Products and Restrictions
Mississippi has some rules about flavored vaping products:
- Flavored products can only be sold in age-restricted stores, like those selling mostly tobacco or vapor products.
- Proximity rules: Flavored products cannot be sold within 1,000 feet of schools or churches. Existing businesses can continue to sell flavored products if they’ve been open for at least six months before January 1, 2025.
- Age of employees: Workers handling flavored products must be at least 21 years old.
Enforcement and Penalties
Mississippi has strict penalties for breaking vaping laws:
- Unauthorized sales: Retailers selling unapproved products can face fines of $500 to $1,500 per day, per product.
- Licensing violations: Serious violations, like selling flavored products without the correct license, can result in fines of up to $50,000 or loss of a business license.
Who enforces the laws?
- The Mississippi Department of Revenue handles the new product registry and tobacco permits.
- The Department of Health checks compliance, and the Attorney General’s Office manages enforcement for unauthorized products.
Mississippi is tightening its rules on vaping, and things are changing fast. House Bill 916 will significantly reduce the variety of vaping products available by requiring them to be FDA-approved. There’s no statewide ban on public vaping yet, but some cities have their own restrictions.
If you vape and drive in Mississippi, it’s not illegal, but always be cautious and focused on the road. For businesses, the new laws bring strict rules and penalties, especially for selling unapproved products or violating age restrictions.
