Why Dry Herb Vaporisers Aren't Regulated Like Nicotine Vapes

Nicotine e-cigarettes face mandatory MHRA notification, tank size limits, nicotine concentration caps, and ingredient restrictions. Dry herb vaporisers face none of these. The difference is not accidental — it reflects a regulatory framework that was never designed with dry herb devices in mind.

This article explains which regulations apply to dry herb vaporisers, which do not, what is changing, and what this means for buyers in the United Kingdom. It is an explainer, not a policy argument — the gap exists, and understanding it helps consumers make informed decisions about the devices they choose.

What the TPD Covers (and Why Dry Herb Falls Outside It)

The Tobacco Products Directive (TPD), implemented in the UK through the Tobacco and Related Products Regulations 2016 (TRPR), establishes specific requirements for nicotine-containing e-cigarettes and refill containers.^[1] These include a maximum tank capacity of 2 ml, a maximum e-liquid refill volume of 10 ml, a nicotine concentration cap of 20 mg/ml, a list of prohibited ingredients (taurine, colourings, caffeine), mandatory labelling and health warnings, and a requirement for MHRA notification before a product can be placed on the UK market.^[1]

Dry herb vaporisers fall outside this framework for a straightforward reason: the TPD applies to nicotine-containing products. A device that heats dried plant material contains no nicotine (unless the user loads tobacco, which is not the intended use case), no e-liquid, no propylene glycol, and no vegetable glycerin. The TPD was designed for the nicotine e-cigarette market and does not extend to non-nicotine vaporisation devices.^[1]

The directive does reference "herbal products for smoking" as a category, but the regulatory pathway for non-tobacco herbal vaporisers under this heading remains unclear.^[2] In practice, dry herb vaporisers exist in a regulatory gap — not covered by the specific requirements that govern nicotine devices, and not subject to any equivalent product-specific regime.

What Does Regulate Dry Herb Vaporisers

The absence of TPD coverage does not mean dry herb vaporisers are entirely unregulated. Several broader frameworks apply, though none is vaporiser-specific.

The General Product Safety Regulation (GPSR) imposes a general obligation that consumer products placed on the market must be safe under normal and reasonably foreseeable conditions of use.^[3] This applies to producers and distributors of dry herb vaporisers, but it does not establish vaporiser-specific testing requirements, material standards, or performance benchmarks.

UKCA/CE marking requirements apply to dry herb vaporisers as electronic devices. As of 1 January 2028, UKCA marking will be required on products and packaging (both CE and UKCA markings can coexist in the transition period).^[4] Applicable standards include electrical safety (BS EN 61010 for battery-powered devices) and electromagnetic emissions testing (BS EN 300 440).

Consumer protection law — including general product liability and the Consumer Rights Act 2015 — provides a legal basis for action if a product causes harm. Trading Standards officers can enforce product safety requirements and seize non-compliant goods.

The MHRA is the competent authority for nicotine-containing vaping products. For dry herb devices, the MHRA's role is limited — unless the device is explicitly marketed and registered as a medical device (as with the Storz & Bickel Medic range), it falls outside the MHRA's primary regulatory focus.^[5]

What the Gap Means for Consumers

The practical consequence of this regulatory structure is that the burden of quality assurance falls heavily on the buyer. There is no standardised safety testing requirement specific to dry herb vaporisers. No mandatory material disclosure for air path components. No formal adverse event reporting system for consumer (non-medical) vaporiser devices. No requirement for manufacturers to publish the specific materials used in the air path, the temperature accuracy of the device, or the safety testing the product has undergone.

Quality varies dramatically between manufacturers. A Storz & Bickel device with medical device certification, published CE Declarations of Conformity, and ISO 13485-audited manufacturing sits on the same retail shelf as devices from unknown manufacturers with no published material specifications and no traceable supply chain. The regulations treat both as general consumer electronics.

This is not an argument for panic. Many premium vaporiser manufacturers voluntarily maintain quality standards that exceed the minimum regulatory requirements. It is an argument for informed purchasing — and for knowing what to look for.

What's Coming: Upcoming Regulatory Changes

Tobacco and Vapes Bill

The Tobacco and Vapes Bill, expected to take effect from 1 January 2027, extends age restrictions to non-nicotine vaping devices — making it illegal to sell any vaping device to anyone under 18.^[6] The bill also regulates flavours, descriptions, packaging, and point-of-sale displays for vaping products. While the primary targets are nicotine and disposable vapes, the extension of age restrictions to non-nicotine devices is directly relevant to dry herb vaporisers.

No specific provisions targeting dry herb vaporisers as a distinct product category have been identified in the bill.^[6]

WEEE Category 15

From 12 August 2026, vaping devices become a dedicated e-waste category under UK WEEE regulations.^[7] This creates compliance obligations for manufacturers and retailers placing vape products on the UK market, including registration, reporting, and contribution to collection and recycling infrastructure. For consumers, this should eventually mean dedicated recycling channels for vaping devices — see The Sustainability of Dry Herb Vaping for the full environmental picture.

EU TPD Revision

The European Commission is reviewing a revision to the TPD, aiming to address novel tobacco and nicotine products.^[8] Possible changes could arrive in mid-2026, with a focus on refillable and rechargeable devices. While the UK is no longer bound by EU directives, EU regulatory changes historically influence UK policy direction.

The International Picture

The UK's approach sits between more and less restrictive international frameworks. Germany has legalised medical cannabis and partially decriminalised recreational use (2024), with vaporisers integrated into official medical frameworks. Canada legalised recreational cannabis nationwide in 2018, and dry herb vaporisers are legally purchased through licensed retailers and actively promoted as a safer alternative. Australia represents the most restrictive approach: as of 2026, dry herb vaporisers are not legal to import, distribute, or sell for cannabis use, and the 2024 vaping law overhaul has made the "dry herb vaporizer" category effectively obsolete outside of patient-specific medicinal pathways.^[9]

The Summary Comparison

What to Look For When Buying

In the absence of vaporiser-specific regulation, the following indicators help distinguish quality devices from those that may not meet adequate safety standards: UKCA or CE marking on the device and packaging; a named manufacturer with a traceable address and identifiable supply chain; published material specifications for the air path (specific materials named, not vague "medical grade" language); purchase through an authorised UK retailer listed on the manufacturer's website; independent, detailed reviews from established sources (not solely marketplace reviews, which can be fabricated).

For a detailed guide to assessing device materials, see Vaporiser Materials & Airpath Safety. For the distinction between marketing claims and genuine certification, see Medical Grade vs Medical Certified Vaporisers.

Frequently Asked Questions

Are dry herb vaporisers legal in the UK? Yes. The devices themselves are legal consumer electronics. Legality depends on the substance used, not the device. Cannabis remains a controlled substance unless prescribed.

Do dry herb vaporisers need MHRA notification? No. MHRA notification is required for nicotine-containing vaping products. Dry herb devices fall outside this requirement unless they are registered as medical devices.

Will the Tobacco and Vapes Bill affect dry herb vaporisers? The bill extends age restrictions (under 18) to non-nicotine vaping devices. Other provisions primarily target nicotine products. No provisions specifically targeting dry herb vaporisers as a distinct category have been identified.