From July 1, 2025, the State of North Carolina’s House Bill 900 became active, and it makes owning certain nicotine and flavored vapes illegal in the state. The state of North Carolina gave a 60-day grace period before this law was activated, and now, the residents and people who want to move or visit the state are a bit confused about whether it is a felony to have a vape in the state. This article addresses the concern of the vape ban in NC and the full details of the House Bill 900 law.

Overview of North Carolina Vaping Regulations

Under North Carolina law, “vapor products” are explicitly included in the definition of “tobacco products” or “alternative nicotine products.” G.S. 14313(a)(4) defines vapor products as devices designed to deliver aerosolized substances, regardless of nicotine presence. The classification of vapes in NC is in alignment with federal narratives—the FDA—of making sure that only “verified” vapes are being sold to the people of America (in NC).

Federal vs. State Age Requirements for Vaping in NC

In NC, the legal age for vaping is lower than the federally approved age, and so are some of the vaping laws.

· State Minimum Age: NC prohibits the sale or distribution of vapor products to individuals under 18; first-time retail violations may incur warnings, fines, and license suspensions upon repeat offenses.

· Federal Minimum Age: As of December 20, 2019, the federal Tobacco 21 law raises the minimum purchase age to 21, enforceable alongside state statutes.

So, individuals aged 18 to 20 may legally possess vapor products under the NC state law, but cannot purchase them instate. Those under 18 face a prohibition on both possession and purchase, and there are penalties for defaulting on this.

· First Offense: Class 3 misdemeanor (fine up to $200; no jail time) for minors under 18 caught with a vape device.

· Second/Subsequent Offense (within 12 months): Class 2 misdemeanor, fine $250–$500, possible community service or juvenile diversion.

These violations are not felonies; they remain misdemeanors or infractions designed to deter underage vaping without imposing long-term criminal records.

Retailer and Distributor Obligations

Retail entities must verify age through government-issued ID and maintain compliance logs. Failure triggers escalating penalties: warnings, re-inspections, fines up to $1,500, and potential license revocation after repeated infractions.

Is it a Felony to have a Vape in NC?

In simple terms, NO. It is not a felony to have a vape in NC, but you must be of legal age, and the vape must be one from the list of approved vape brands. Sadly, there are just about 900 vape brands whitelisted by the NC State, and popular names like Elf Bar, Lost Mary, and Geek Bar are not on that list.

You may want to ask, if Geek Bar and Lost Mary are banned in NC, what other brands are then approved, right? Well, you can find the list here, and see things for yourself—there are no popular vape brands on the list. As it stands, the most flavors you can vape while in NC are tobacco and mint flavors.

If you’re a fan of fruity and dessert-flavored vapes from Geek Bar, RAZ, SMOK, Lost Mary, and other popular brands, you won’t find them on the shelves in NC anymore, and it’s not a matter of being “out of stock,” but retailers caught selling those products could face serious penalties.

Actually, if you still had some of these flavored vapes in your personal stash at home, best to only use them at home and not move around with them, as you could be arrested for carrying such on the streets of NC. Of course, you should know well not to go with such to the airport or cruise.

What Vapes are Approved in NC?

Trust me, you will hardly love what’s approved! But if you’re willing to take the compromise, here is a collected summary of what you’d see on shelves going forward.

· Fontem’s Myblu Intense Tobacco 2.4% and Myblu Intense Tobacco Chill 2.5% pods

· Blue Nine LLC Crossbar E‑Cigarette Menthol and Tobacco disposables

· Pure Laboratories LLC’s Halo 60ml Turkish Tobacco and Tribeca e‑liquids (3 mg–24 mg strengths).

· Vapetasia Pineapple Express Salt (30 ml, 24 mg)

These e‑liquid lines paid their $2,000 initial fee and meet all content‑disclosure requirements of the State of NC.

The House Bill 900 Summed Up

House Bill 900, passed by Gov. Roy Cooper in 2024, establishes North Carolina’s first state‑run certification and registry for all vapor and consumable products. Effective July 1, 2025, manufacturers must electronically certify each product—paying initial and annual fees—and, if out‑of‑state, maintain a registered agent in NC.

With this new law, vapers in NC will see only state‑certified vape devices and e‑liquids in stores and online—non‑certified brands have been delisted and are now prohibited from sale, ensuring every product has met FDA and state compliance checks.

To some vapers, this is good news, as they can be sure they’re only using certified vapes, while for many, this is arse, because it eliminates all the known OG vapes and head-turning flavor varieties that made people love vaping in the first place. But then, THC-vapes and controlled substances are still legal (although better off banned, due to the approved quotas).

THCInfused Vapes

Possession of vape devices used for THC consumption may trigger drug paraphernalia charges. In NC, certain paraphernalia offenses are Class 1 misdemeanors, but when linked to controlled substance quantities above thresholds, felony charges apply.

THC vapes fall under North Carolina’s Controlled Substances Act. Here is a chart of how much of these you can carry to be safe, or face a penalty.

Substance	Legal Amount	Classification	Penalty (First Offense)
Marijuana leaf	≤0.5oz	Class 3 misdemeanor	Up to $200 fine; suspended sentence
Marijuana leaf	>0.5–1.5oz	Class 1 misdemeanor	1–45 days jail; discretionary fine
Marijuana leaf	>1.5oz–10lbs	Class I felony	3–8 months’ imprisonment; discretionary fine
Marijuana leaf	>10 lbs–50lbs	Class H felony	25–39 months prison; ≥ $5,000 fine
Marijuana extract (“hashish”)	>0.05oz–0.15oz	Class 1 misdemeanor	1–45 days jail; discretionary fine
Marijuana extract (“hashish”)	> 0.15oz	Class I felony	3–12 months' imprisonment; discretionary fine

Note: Most THC vape cartridges exceed the 0.15oz extract threshold, categorizing their possession as a Class I felony.

Can You Fly Into NC With a Vape in 2025?

Okay, so since most vapes that people love are banned in NC, how about buying these vapes outside NC when you travel and then flying in with them?

Yes, you can carry vapes and e‑liquid into North Carolina. Under TSA policy, all electronic nicotine delivery systems—including mods, pods, and rechargeable batteries—must travel in carry‑on baggage only; they are prohibited in checked luggage due to lithium‑battery fire risks. E‑liquids and nicotine salts must adhere to the 100 ml/3.4oz container limit, secured within a clear, quart‑sized resealable bag.

But you see, carrying vapes on a plane is an entirely different subject; while it is not outrightly illegal, it may get seized from you at the airport checks, and the rules vary by state too. Also, airlines may impose additional restrictions—such as requiring batteries to be removed and stored safely—for carrying vapes.

Now, when you arrive in North Carolina with the vape, you must be of legal age, 18+, to use the vape. Personal possession for lawful use—outside of controlled or flavored-product bans—remains lawful, with no felony liabilities for adult travelers.

However, it is important to note that if the vape you brought to NC is not FDA-approved, you could be penalized upon its discovery. I guess you should know you’re not to flex the vape outdoors if you moved in with that. Some NC residents actually choose to drive to SC and grab their favorite vapes, and then drive back into NC.

Frequently Asked Questions

Is Mere Possession of a Nicotine Vape a Felony in NC?

No. Unless the individual is under 18 (misdemeanor) or the device contains illicit substances or is among the prohibited ones. Regardless, the “possession” is not a felony.

Can I Get a Felony for Carrying a THC Vape?

Yes. THC cartridges often contain concentrates exceeding 0.15oz, making possession a Class I felony with prison time and fines.

What Documents Prove Lawful Vape Possession?

A valid government-issued ID showing age ≥ 21 satisfies retail regulations for nicotine vapes. Medical marijuana cards are not recognized in NC.

Do Federal Laws Override State Vaping Statutes?

Federal Tobacco 21 sets a baseline age of 21. States may enforce stricter (18 +) or complementary regulations, but cannot permit sales below federal minimums.

What More?

In North Carolina, nicotine vapes remain lawful for adults (18 + under state; 21 + under federal), with underage offenders facing misdemeanors, not felonies. Conversely, THC-infused vapes often trigger severe controlled substance penalties, including Class I felonies for concentrates above 0.15oz.