Is Vaping Indoors Legal in North Dakota After the 2026 Regulatory Updates?

No. Vaping indoors in North Dakota is prohibited under the North Dakota Indoor Clean Air Act (NDCC § 23-12-09), which classifies e-cigarettes as tobacco products. The North Dakota Department of Health enforces this ban, aligning with the 2026 Smoke-Free Air Act amendments that expanded restrictions to include vaping in all enclosed public spaces and workplaces. Violations may result in fines up to $100 per offense.

Key Regulations for Vaping Indoors in North Dakota

  • Total Ban: Vaping is illegal in all enclosed public spaces, including bars, restaurants, and government buildings, per NDCC § 23-12-09.
  • Workplace Restrictions: Employers must ensure vaping is prohibited in indoor work areas, with exceptions for private residences unless used for childcare.
  • Local Enforcement: The North Dakota Department of Health and local health boards conduct compliance checks, with penalties enforced by county health officers.

Local jurisdictions like Fargo and Bismarck have further tightened rules, requiring signage in businesses and banning vaping within 20 feet of entrances. The 2026 amendments explicitly include e-cigarettes under the definition of “smoking,” closing prior loopholes. Businesses violating these rules face escalating fines, with repeat offenses potentially leading to license suspension.