Are vapes illegal in Australia?

Whether vapes are ‘legal’ in Australia or not can be a little confusing. Australian vaping laws are a blend of state and federal laws, so the answer may vary depending on where in Australia you are.

Let’s clear it up in today’s post.

Are Vapes Getting Banned in Australia? | Current Vaping Regulations

If you wish to vape in Australia, then doing so is prohibited unless you have a medical prescription. This has always been the case in Australia, and while it’s now becoming more heavily enforced, it’s also becoming far more accepted and attainable than before.

By 1 March 2024, buying any nicotine vaping products (NVPs) in Australia outside of a pharmacy is now also prohibited.

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The government has doubled down on its previous stance on stamping out the illegal vaping market in Australia since October 2021.

To date, the government still intends to do the following:

• stop the import of non-prescription vapes;
• increase the minimum quality standards for vapes including restricting certain flavours, colours, and other ingredients;
• require pharmaceutical-like packaging;
• reduce the allowed nicotine concentrations and volumes; and
• ban all single use, disposable vapes.

The government has successfully implemented the first part with its March 2024 legal update. Today, the import and sale of all non-therapeutic vapes is now illegal, which means sellers and illegal actors cannot sell and distribute their products in groceries, corner shops, and tobacconists.

It’s a big win for motivated smokers looking for a reliable tool that can help them stop smoking by having a legitimate and streamlined way to stop smoking for good.

What Are Illegal Vapes?

With the new regulations in place, the country will see a huge decline of corner stores, groceries, and tobacconists offering illicit NVPs.

Let’s define this more accurately.

Illicit NVPs are imported under the radar, just like illicit tobacco and drugs, and are made as cheaply as possible for maximum profits.

Blackmarket Actors

Sold by criminal groups with a focus on quantity over quality, they have been found to contain heavy metals such as nickel and lead and have even been found to contain traces of human saliva – these are not things anyone wants to inhale into their lungs up to 200 times a day.

Stores selling vapes illegally can be fined tens of thousands of dollars or more, including jail time in certain cases.

Poor Standards

When a product is sold illegally it is not subject to the standards that have been put in place to protect you, and in many cases may even be counterfeit.

There is also a lack of age checks when selling these products — most bad actors aim to create a new generation of nicotine addicts in teens and children as young as 5 (they’re even found in children’s toy stores).

Profit-Oriented

At a wholesale cost of as little as $1, there is no concern with quality or safety, only maximum profits, which are achieved both by high, unregulated levels of nicotine (as high as 357mg of it per disposable vape) to hook your children as fast and hard as possible to keep them coming back to purchase at a 3,500% mark-up.

Can I legally vape in Australia?

Yes, but you must have a medical prescription to legally buy, possess and use nicotine vaping products in Australia, and these must be purchased from a pharmacy. With the March 2024 legal update, illegal NVPs sold outside pharmacies might just be phased out in a few years.

Legally vaping in Australia also means you’re working with a stop-smoking GP and are responsibly using your products outside your home (for instance, you’re using smoking areas to use it to avoid breaking the law).

More about prescription vaping products

If you wish to understand more about vaping and whether it is suitable for you, you should speak to your GP.

Alternatively, Smokefree’s service allows you to speak to an authorised GP about your options, and if appropriate, they can prescribe you a nicotine vaping product.

You can then go into your local pharmacy and they will dispense your NVP in accordance with your script, just like any other medicine.

Over 2,200 pharmacies across Australia hold these products in-store. We suggest calling ahead to ensure they have nicotine vaping products ready for you as they can order it if they don’t hold it in stock.

Again, any physical or online store that is not a registered pharmacy that sells vapes is doing so illegally.

Debates and Discussions on the Vape Ban

The government views NVPs not sold from pharmacies as potentially harmful – and with good reason. 

Many NVPs coming into the country come from foreign sources whose manufacturing practices are completely unknown, and very likely do not comply with even the most basic standards, including hygiene.

However, one thing is clear: these illegal products have been very easily accessible to teenagers and even children as young as five years old – something we should all agree needs to be stopped immediately.

With the regulations, motivated smokers and ex-illegal NVP users can go through a smoking cessation program using a legitimate product from a physical pharmacy that is thoroughly tested, medically supported, and fully insured.

Importing Vapes Online is Now Illegal

As of 1 March 2024, any NVP you import from online is illegal.

If an online store is prepared to sell you vaping products without a prescription, then what you buy will be illegal. When you buy any product illegally, the likelihood of receiving safe high-quality products is drastically reduced.

And this is where it can get really bad – if your nicotine vaping products come from overseas and you don’t have a prescription, Australian vaping laws mean that you could be personally fined up to A$220,000 for illegal importing.

Furthermore, NVPs sold in physical pharmacies are made under stringent pharmaceutical standards on the manufacturing process and ingredients, are toxicologically assessed for inhalation, are locally insured, and are specifically designed for smoking cessation. 

So, are vapes illegal in Australia?

If they’re accessed under a GP’s prescription and purchased from a physical pharmacy (not online), you’re receiving a quality product from a reliable source.

If they’re accessed without a prescription, or from under-the-counter domestic sellers, purchasing and using these nicotine vaping products in Australia is illegal, and potentially hazardous to your health.

Have you seen stores that are selling vaping products illegally?

If so, you can report those stores here.

Comparing Australian Regulations with Global Standards

Australia vaping regulations are far more inclusive rather than exclusive compared to many other countries. Instead of outright banning any kind of NVP, the government opted to view them as second-line smoking cessation tools that should be within a prescription framework.

Globally, about 33 countries have banned the sale of vaping products with no consideration as to whether high quality NVPs can be considered as helpful for smoking cessation.

While other countries have completely open consumer access to vaping products, these have developed into a recreational-focused market rather than one for helping people quit smoking, and have also led to dramatic uptake in youths and children.

Australia is the first country in the world to focus on not only protecting our youth, but also provide a pathway for anyone serious about quitting to use these products.

Potential Impacts of a Vape Ban

To be clear, only blackmarket criminal suppliers and illegal NVP retailers who intend to profit from the most vulnerable are the ones directly affected by Australia’s new regulations on vaping. 

For motivated smokers and ex-illegal NVP users, there are now trustworthy, tested, well-manufactured and locally insured products available to help them quit. 

For Australia’s children and teenagers, the ban will take low quality and poorly manufactured products off the street and avoid a whole new generation of nicotine addiction.

Summary

Vapes or NVPs aren’t completely illegal in Australia, only the ones that come from unconfirmed and dodgy sources. With the new laws in place, it’s highly likely that vaping will finally become a tool intended for what it was made for: to help you stop smoking for good.

We know you’re reading this because you’re concerned which kind of NVP is legal and illegal to avoid getting in trouble. We hope you found this information useful, and we can also help you get started on your quit journey.

Smokefree Clinic gives you access to many medically reviewed and trustworthy resources that can inform and aid you in your path to wellness, so have a look around! 

If you’re ready to get started, Smokefree can connect you to Australian healthcare professionals who excel in helping patients quit smoking for good.