Over the last few years, vaping and e-cigarettes containing nicotine have become an increasingly popular replacement to smoking. However, new laws have been introduced which now regulate vaping, as well as selling vapes or other similar e-cigarette products.

On 1 October 2021, the Therapeutic Goods Administration (TGA) announced that nicotine would be included as a Schedule 4 drug of the Poisons Standards. This now means that nicotine, which is often included in vapes and e-cigarettes, is considered a prescription-only medication. The introduction of this law means that vaping and selling vapes containing nicotine is illegal, unless you have a valid medical prescription or a government authorisation to retail these products.

Is it an offence to sell vapes and e-cigarettes?

Under the Poisons and Therapeutic Goods Act 1996 (NSW), it is an offence to supply or sell substances that are restricted under the Poisons Standards. This means that it is unlawful to supply or sell any vapes or e-cigarette products that contain nicotine without prior government authorisation.

If you are caught selling vapes or e-cigarettes that contain nicotine without lawful authority, the maximum penalty is $1,650 fine and/or 6 months imprisonment.

What happens if I am caught importing vapes and e-cigarettes containing nicotine?

If you have a valid medical prescription, you are able to legally import nicotine vapes and e-cigarettes for your own personal use under the TGA Personal Importation Scheme. However, you cannot import more than 3 months’ supply at one time.

If you are caught importing more than 3 months’ supply of nicotine vapes or e-cigarettes, you could face harsh penalties, including a maximum fine of $222,000.

For more on possible penalties, see our sentencing page.

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