ESTA INFORMATION
Smoking, alcohol and cannabis in the USA: what applies to visitors?
The key points first: in the USA, alcohol and tobacco are available only from age 21, and cannabis is illegal under federal law — never take it across the border. This applies even where individual states permit cannabis. Below is an overview of the rules and the duty-free allowances.
Minimum age of 21 for alcohol and tobacco
- Tobacco and e-cigarettes: nationwide, tobacco products may only be sold to people aged 21 or over (“Tobacco 21”, since December 2019). Retailers must check photo ID for anyone under 30
- Alcohol: in every state, buying and publicly possessing alcohol is permitted only from age 21. Legally, this rests on a federal law that withholds highway funding from states with a lower age limit
Drinking in public and smoking bans: a matter for each state
- Open alcohol containers in cars: every state must have a law prohibiting open alcohol containers and the consumption of alcohol in the passenger area of a vehicle on public roads
- Alcohol on streets and in parks: the rules differ from state to state and city to city — check locally
- Smoking and vaping bans: these also vary by state. In Hawaii, for example, wherever smoking is banned in bars, restaurants, public places or workplaces, e-cigarettes are banned too
Check the rules of the state you are visiting on its official websites (ending in .gov).
Cannabis: illegal under federal law — consequences for entry
- Importing cannabis is prohibited in any quantity
- A prescription for medical cannabis does not permit you to bring it in either
- Possession of cannabis, or admitting to having used it, can lead to refusal of entry
- The ESTA application asks whether you have ever violated any law relating to the possession, use or distribution of illegal drugs
Change in 2026:since 28 April 2026, cannabis in FDA-approved products or covered by a US state licence for medical cannabis has been placed in Schedule III; all other cannabis remains in Schedule I. This makes no difference to travellers bringing it into the country — a foreign prescription is not such a licence. Even legal use in a particular state can carry risks for foreign visitors, as CBP takes into account violations of federal or state law.
Duty-free allowances for visitors
Adult visitors (non-residents) may bring in the following free of duty for personal use:
- Alcohol: up to 1 litre of alcoholic beverages
- Tobacco: 200 cigarettes or 50 cigars or 2 kg of smoking tobacco — only one of these options
- Gifts: goods worth up to US$100 in total, provided you stay for at least 72 hours and have not used this exemption in the previous 6 months. Alcohol and cigarettes are not included (up to 100 cigars are)
Sources and currency
- 21 U.S.C. 387f — minimum age of 21 for tobacco (govinfo.gov)
- 21 CFR 1140.14 — obligations of tobacco retailers (eCFR)
- 23 U.S.C. 158 — minimum drinking age of 21 (govinfo.gov)
- 23 U.S.C. 154 — open container laws (govinfo.gov)
- Hawaii Department of Health — smoking ban including e-cigarettes
- CBP — Marijuana remains illegal under U.S. federal law
- CBP — Public Affairs Guidance on marijuana (PDF)
- 21 CFR 1308.13 — Schedule III (eCFR)
- 19 CFR 148.43 — duty-free allowances for non-residents (eCFR)
- 19 CFR 148.44 — gift exemption (eCFR)
- CBP — Customs Duty Information
Last checked: 12 October 2026. This website is an independent information service and is not an official website of the US government.