With the many vaping laws and state restrictions flying everywhere, you really should be well-informed before having your vape juices shipped inter-state. For someone living in Nebraska who loves shopping for vape supplies online, it is important to learn about the vape laws that exist in the state.
Can I Have Vape Juice Shipped to Nebraska?
Understanding Nebraska’s Laws on Vape Juice
Nebraska, like many other states, has its own regulations in place concerning the sale, possession, and shipping of vaping products. Before placing an order online, you should be aware of these key laws, and they are explained below:
1. Age Restriction
Nebraska follows the federal guideline that prohibits the sale of vape products to individuals under the age of 21. This means that whether you’re buying vape juice online or from a local store, you must be at least 21 years old to purchase it legally.
2. Online Sales and Shipping Regulations
Nebraska does not have a complete ban on shipping vape juice to consumers. However, there are restrictions based on federal regulations and shipping carrier policies. Some online retailers may refuse to ship to Nebraska due to compliance issues with the PACT Act (Prevent All Cigarette Trafficking Act).
The PACT Act was expanded in 2021 to include vape products, requiring sellers to:
- Verify the age of buyers
- Register with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
- Collect and remit taxes in the state of delivery
- Use only compliant shipping carriers
This means that while vape juice shipping to Nebraska is not illegal, many vape stores and retailers choose not to offer it due to compliance difficulties.
3. Exercise Taxes
Nebraska has exercise taxes placed on vape liquids. Currently, there is a 5-cent-per-militer excise tax on disposable vape liquids shipped and sold in the state, with a 10% wholesale tax on other nicotine products. Even so, State Sen. Jana Hughes of Seward is pushing to increase the wholesale tax to 20%, stating that “We are not eliminating vape…” “If they get their stuff together … then we’re done”. “But they’re not doing it.”
Are Vape Flavors Banned in Nebraska?
Unlike some other states, Nebraska does not currently have a state-wide ban on flavored vape juice. So, you can still buy different vape juice flavors online or in physical stores where they are sold across the state. Nevertheless, local city ordinances may impose additional restrictions, and popular shipping companies won’t ship such vape products. So always check with your local laws.
Can You Legally Order Vape Juice Online in Nebraska?
The PACT Act along with the new Legislative Bill 1204 (LB 1204) further tightens the restrictions on the sales and delivery of electronic nicotine products, of which vape juices are counted among. Also, proposed legislation of State Sen. Jana Hughes of Seward forces Nebraska vapers to pick up their vape juices in person rather than having them mailed.
Nevertheless, some local vape shops in the state still offer mail delivery to your doorstep—after they have fulfilled and complied with regulations.
Shipping Carriers and Restrictions
Due to the PACT Act, major shipping companies like USPS, UPS, and FedEx have banned the delivery of vape products, including vape juice, to residential addresses in the state of Nebraska.
This means that even if an online retailer is certified to ship to Nebraska, they must use a private carrier or freight service that complies with the PACT Act, and this will cause the total cost of vape product purchases to skyrocket; plus, you will be required to sign the delivery upon arrival.
What is the Legislative Bill 1204 (LB 1204)?
LB 1204 mandates that manufacturers of electronic nicotine delivery systems (ENDS) sold in Nebraska, whether directly or through intermediaries, must submit a certification to the Department of Revenue (DOR) by April 1, 2025. Each ENDS listed requires a $75 nonrefundable fee.
To gain approval, manufacturers must provide:
1. A copy of the PACT Act Registration Form (if applicable) and a compliance attestation.
2. A commitment to follow Nebraska laws and those of their principal business location.
3. Proof of compliance with U.S. Customs and Border Protection regulations.
4. A list of all ENDS products sold in Nebraska.
5. Any additional information required by the Tax Commissioner.
Starting October 1, 2025, DOR will publish a list of approved manufacturers and authorized ENDS for sale. Submission details will be provided on DOR’s website.
The Delivery Sale Ban
Effective July 19, 2024, delivery sales of ENDS (via mail, online, phone, or other electronic means) to Nebraska consumers are prohibited. Violators face a Class I misdemeanor. Common carriers knowingly transporting ENDS for violators are also subject to the same penalty. Additionally, violating this ban is considered a deceptive trade practice under Nebraska law.
Alternatives to Buying Vape Juice Online in Nebraska
There are no other alternatives than to buy from local stores, where you have to walk in, make your order, and pick it up right away. Thankfully, there are still a good number of vape stores across the state and they offer a variety of vape products, including flavored nicotine liquids. Also, ask your online retail shop if they ship to Nebraska and what are the requirements—plus fees.
What Else is There to Know?
Well, it’s a tough one at the moment getting your vape juice shipped to you in Nebraska; even if you find an online retailer that offers that, the shipping cost goes up the hill due to the taxes and having to use private shipping companies. The best option would be to shop locally, in person, or perhaps, buy your stuff when you’re out of the state, and fly in with the supplies—but even at this, you have to be careful about airline rules on flying with vape supplies.
