Vaping Laws in NSW

11 August 2025 in Criminal Law | 3 min read | skip to FAQs

This brief article will outline the new vaping laws in NSW. We look at the regulations surrounding e-cigarettes or ‘vapes’ in NSW arising from legislation on 1 July 2024 making it unlawful to supply, manufacture, import or sell a vape other than by way of a pharmacy and with a prescription from a medical doctor. Further legislation on 1st October 2024 allows pharmacists to sell vapes without a medical prescription in some situations.

What are e-cigarettes (or vapes)?

Vapes are devices that come in many shapes and sizes and are often made to look like everyday items, such as pens, USB sticks or even highlights. Vapes are either rechargeable or battery-operated devices that heat a liquid to produce an aerosol that the users then inhale.

What Are The New Vaping Laws?

Due to the increase in the uptake of vapes, the Government have been scrambling to catch up in regard to the legislation.

New Vaping Laws From 1 July 2024

The first change, under the Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Bill 2024, came into place on 1 July 2024, which means vapes containing nicotine can only be legally sold by pharmacies to those who have a prescription from a medical doctor. This change included;

1. The domestic manufacture, commercial possession and sale of non-therapeutic vapes and disposable vapes is banned, regardless of whether they include nicotine or other controlled substances
2. Vapes with nicotine continue to be available from a pharmacy
3. Introduction of a strengthened advertising framework for vapes. The framework bans advertising of vapes, except where specifically authorised.
4. New offence and civil penalties for unlawful importation, domestic manufacture, supply, advertisement and commercial possession of vapes.
5. Flavours of therapeutic vapes have been restricted to unflavoured, mint, menthol and tobacco.

Further Vaping laws From 1 October 2024

In a follow up change, from October 1, 2024, pharmacies remain the only retail outlets permitted to sell nicotine-based vapes. Pharmacies are allowed to sell vapes without a medical prescription, with the following requirements;

1. Therapeutic vapes must contain 20mg/ml or less of nicotine
2. The person purchasing the vape must be 18yrs or over.
3. The pharmacist must conduct a consultation to confirm the vape is the appropriate treatment option.

One of the primary reasons these changes were introduced was due to criticism that requiring a prescription from a doctor meant that individuals were returning to purchasing regular tobacco cigarettes, which, while more expensive, were relatively easier to buy.

What if I Am Under 18 Years Of Age?

Those under the age of 18 still require a medical prescription before they are able to legally purchase a vape from a pharmacist.

What if I want a Higher Dose Vape?

Those who require a vape with a concentration of nicotine higher than 20mg/ml still require a medical prescription.

Is Possessing a Vape Illegal?

No, under the legislation, it is not a criminal offence to possess up to a maximum of 9 vapes for personal use. It is also not an offence to be caught vaping, as long as you are abiding by the Smoke Free Laws that apply to traditional smoking. These are outlined in the Smoke Free Environment Act 2000 and the Smoke Free Environment Regulation 2016, which state smoking is banned in several public places, such as sports grounds, swimming pools and within 10 metres of school grounds and playgrounds. For more information, see this NSW government document.

How can BSM Criminal Lawyer Sydney assist you?

The criminal lawyers at Brander Smith McKnight Sydney Lawyers take pride in remaining up to date with the most recent legislation so that we can accurately advise our clients and provide the best possible legal defence. Our senior criminal lawyers provide a free 20-minute consultation.

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