Tobacco and nicotine age limits in North Dakota (2026)

Last reviewed: 9 October 2026

In short: The minimum age to be sold or furnished tobacco, electronic smoking devices and alternative nicotine products is 21. Smoking, including the use of e-cigarettes, is prohibited in all enclosed areas of public places and places of employment, which include public transportation vehicles.

RuleWhat applies
Minimum age to buy tobaccoTobacco and nicotine products21 years [1]
Minimum age to buy e-cigarettesTobacco and nicotine products21 years [1]
Nicotine pouchesTobacco and nicotine productsAge-limited [1]
Smoking ban in indoor public placesTobacco and nicotine productsYes [2]
Smoking ban on public transportTobacco and nicotine productsYes [2]
E-cigarettes in indoor public placesTobacco and nicotine productsYes. North Dakota's smoke-free law defines smoking to include the use of an e-cigarette, so vaping is banned in all enclosed areas of public places and places of employment, with the same limited exceptions as smoking. [2]

Notes

  • The same subsection covers electronic smoking devices, alternative nicotine products and kratom.
  • Nicotine pouches are not named; the definition of "alternative nicotine product" covers noncombustible nicotine products that are chewed, absorbed or dissolved, other than FDA-regulated drugs or devices.
  • Exemptions are listed in section 23-12-10(3) (for example private residences, with exceptions). Cities and counties may adopt stricter rules.

Sources

  1. North Dakota Legislative Council: North Dakota Century Code, Chapter 12.1-31 (Other Offenses Against the Person) (consulted 9 October 2026) · all sources
  2. North Dakota Legislative Council: North Dakota Century Code, Chapter 23-12 (Public Health: sections 23-12-09 to 23-12-11, smoking in public places) (consulted 9 October 2026) · all sources

National rules that also apply

These rules are set at national level in the United States and apply here too, alongside the rules above. All national rules for the United States

Minimum age to buy tobacco21 years (source: U.S. Government Publishing Office (govinfo))
Minimum age to buy e-cigarettes21 years (source: U.S. Government Publishing Office (govinfo))
Nicotine pouchesAge-limited (source: U.S. Government Publishing Office (govinfo))

North Dakota and neighbouring states

StateMinimum age to buy tobaccoMinimum age to buy e-cigarettesNicotine pouchesSmoking ban in indoor public placesSmoking ban on public transport
North Dakota
21
21
Age 21+
Yes
Yes
Minnesota
21
21
⚠ Not yet verified
Yes
Yes
Montana
21
21
Age-limited
Yes
Yes: trains, buses, other public transport
South Dakota
21
21
Age-limited (21)
Yes
⚠ Not yet verified

More rules in North Dakota

  • CannabisPossession for personal use: Infraction under 1/2 oz (fine only) · Growing at home: Prohibited
  • Car speed limitsBuilt-up areas: 25 mph · Outside built-up areas (single carriageway): 55 mph; 65 mph if posted
  • Minimum age for a car driving licenceMinimum age for a car licence: 16 (restricted licence at 15) · Earliest age to drive a car supervised: 14 (instruction permit)
  • E-bikes and speed pedelecsLegal class: Three classes
  • FireworksConsumers may buy and use category F2 fireworks: Limited list of items only · Minimum age to buy: 12
  • Knives and pepper sprayFolding pocket knives: Not named if blade under 6 in · Locking or one-handed knives: Switchblade/gravity knives named
  • Statutory minimum wageNational statutory minimum wage: Yes (state law) · Current adult minimum wage (gross): $7.25 per hour
  • Using a mobile phone while drivingHolding a phone while driving banned: No (texting only) · Hands-free use: Allowed
  • Seat belts and child seatsSeat belt compulsory in front seats: Yes · Seat belt compulsory in rear seats: Yes
  • Drinking age and alcohol salesMinimum age to buy beer and wine: 21 · Minimum age to buy spirits: 21
  • Drink-driving limitsBlood alcohol limit for ordinary drivers: 0.08% · Lower limit for novice or young drivers: 0.02% (under 21)

Compare with the other states and provinces →

General information, not legal advice. Rules change: check the official source before you fly or ride.