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.
Ready to fly to the USA?
Apply for ESTA on the official website and check your status in good time.