Hazardous Waste Management Requirements for Smoke Shops: Where They Are and Where They’re Going

With specific regard to hazardous waste management, this blog entry is designed to be a comprehensive source of information for owners and managers of all kinds of smoke shops. Q&As include:

1. What is a smoke shop?
2. Is yours a traditional shop?
3. Is yours a vape shop?
4. Why is my vape shop considered a healthcare facility by the EPA?
5. Is yours a head shop?
6. Can your head shop sell marijuana products?
7. What entities can legally sell marijuana?
8. What’s the difference between marijuana and hemp-derived THC products?
9. What hazardous wastes are generated by traditional smoke shops?
10. What hazardous wastes are generated by vape shops?
11. What hazardous wastes are generated by head shops?
12. How should smoke shops—whatever kind—deal with their hazardous wastes?
13. How does the EPA classify smoke shops as hazmat generators?
14. How are hazardous waste management rules for smoke shops changing?
15. Where can smoke shop managers get help with their hazardous waste management?

1. What is a smoke shop?

Well, if you’re reading this, especially as a proprietor thereof, we bet you already know, or at least have your own ideas. But because hazardous waste management requirements differ according to the kinds of smoke being purveyed, we’re going to introduce a trichotomy—perhaps artificial, as there are many hybrids out there. We’re talking about:

• Traditional shops (Q.2)
• Vape shops (Q.3)
• Head shops (Q.5)

2. Is yours a traditional shop?

These are the kinds that limit themselves purely to products like cigars, cigarettes, chewing tobacco, pipe tobacco, rolling tobacco, etc. Traditional shops also sell smoking accessories such as lighters, rolling papers, pipes, ashtrays, and cigar cutters. All of this involves tobacco (duh), trash from which is considered an acute hazardous waste by the EPA, creating a royal PIA (see Q.8).

3. Is yours a vape shop?

Vape shops specialize in selling electronic cigarettes, vaping devices, e-liquids, and related wares. You also provide personalized advice and product demonstrations about e-smoking, promoting it as a less harmful alternative to smoking traditional cigarettes, cigars, etc. Your vape shop might also serve as a gathering place for vaping enthusiasts. And believe it or not, the EPA considers your vape shop to be a healthcare facility (see Q.4). Also, as a vape shop, you generate a problematic potpourri of hazardous waste, thanks to the eco-hostile components of e-cigarettes (see Q.9).

4. Why is my vape shop considered a healthcare facility by the EPA?

Because you sell products containing nicotine, which are regulated as hazardous waste pharmaceuticals when discarded, per 40 CFR Part 266 Subpart P.

Simultaneously and without a hint of irony, the EPA also deems nicotine to be an acute hazardous waste. This means it requires hazmat handling and disposal, as it’s considered likely to cause death or serious illness, even in small quantities: what you might consider a less-than-optimal outcome at a healthcare facility. But then, are you a doctor?

5. Is yours a head shop?

As a matter of history, the moniker “head shop” was fashionable way back when Yoko and John were an item. (Can’t the cognoscenti come up with something groovier?) Anyway, as a head shop you purvey—in places where it’s legal—CBD oils and edibles along with hemp-derived THC products. Folks also drop by if they’re in the market for bongs, glass pipes, bubblers; hookahs and shisha, and/or incense, posters, or similar counterculture paraphernalia. The EPA generally gives the stink eye to anything & everything having to do with marijuana and its derivatives. So, your head shop faces a number of hazmat management challenges (see Q.10).

6. Can your head shop sell marijuana products?

Sorry, no. To date, head shops are limited to CBD oils and edibles along with hemp-derived THC products. (Your noobie employees should see Q.7 to explore the difference.) We know that you’ll be shocked… shocked… but many head shops sell devices that could be used for consuming cannabis, cleverly labeled as “for tobacco use only” (wink, wink).

7. What entities can legally sell marijuana?

Entities that can legally sell marijuana depend on the laws of the specific state or jurisdiction.

• In states where recreational marijuana is legal, licensed retail dispensaries are authorized to sell marijuana to adults over 21.
• In states where medical marijuana is legal but recreational is not, dispensaries are licensed to dispense marijuana products only to registered medical marijuana patients with valid medical cards.
• Some states allow specific entities to be licensed for other aspects of the cannabis industry, such as cultivation, manufacturing, testing, and distribution facilities.

8. What’s the difference between marijuana and hemp-derived THC products?

You’re probably already on to this. But for the record:

The key difference between marijuana products and hemp-derived THC products lies in their legal classification, THC content, and regulation. Consider:

• Legal classification. Marijuana is classified as a Schedule I controlled substance at the federal level. However, many states have legalized its use for medical or recreational purposes. This creates a playground for lawyers, where federal law prohibits marijuana while state laws permit it.
• THC content. Marijuana products typically contain 5–to-30 percent (or more) of THC, which—as if you didn’t already know— is the psychoactive component of marijuana.
• Regulation. Testing is required for potency, pesticides, solvents, and heavy metals. Labeling and dosages are strict in regulated states. Must be 21 or older to purchase.

9. What hazardous wastes are generated by traditional smoke shops?

Hazardous wastes generated by traditional smoke shops include:

• Nicotine-containing products, leftover or expired (a RCRA listed hazardous waste)
• Solvents and cleaners for washing pipes or glassware
• Butane or other lighter fluids (flammable)
• Batteries for electronic lighters or accessories (especially lithium-based)
• Packaging waste with toxic residue

10. What hazardous wastes are generated by vape shops?

Hazardous wastes generated by vape shops include:

• Nicotine-containing e-liquids, whether expired, spilled, or otherwise unsellable
• Lithium-ion batteries found in vape pens and mods
• Electronic waste such as burned-out coils and/or damaged vape devices
• Flavored chemicals that contain hazardous compounds (e.g., diacetyl)

11. What hazardous wastes are generated by head shops?

Hazardous wastes generated by head shops include:

• Isopropyl alcohol waste from cleaning glass pipes, bongs, and dab rigs that are contaminated with resin and other residues
• Butane canisters sold for torch lighters or extraction processes (e.g., making concentrates), as well as partially full canisters (for flammability)
• Sticky residues from returned or demo glassware that might contain THC, CBD, or synthetic compounds, disposal of which could be regulated by local laws
• Cleaning chemicals solvents, degreasers, or caustic cleaners used on equipment (can be corrosive or toxic)
• Batteries from electronic accessories like digital scales or vaporizers (e.g., lithium-ion and alkaline batteries)

12. How should smoke shops—whatever kind—deal with their hazardous wastes?

1. Identify hazardous waste types

• E-liquids (especially those with nicotine)
• Expired or damaged vape cartridges/pods
• Batteries (lithium-ion or similar)
• Damaged or leaking e-cigarettes/devices
• Cleaning solvents or alcohol-based cleaners
• Packaging contaminated with hazardous residue

2. Label & store waste properly

• Use clearly labeled containers for each waste type
• Ensure containers are compatible with contents (e.g., corrosion-resistant)
• Keep containers sealed and in a designated waste storage area
• Use secondary containment for liquids
• Avoid mixing incompatible wastes (e.g., batteries and liquids)

3. Manage used batteries safely

• Store batteries in fireproof, labeled containers
• Tape battery terminals to prevent short circuits
• Never throw batteries in regular trash or recycling binsArrange proper recycling or hazardous waste disposal

4. Handle nicotine waste correctly

• Treat nicotine-containing e-liquids as acute hazardous waste
• Use absorbent material to clean up spills, and dispose of as hazardous waste
• Ensure PPE (gloves, goggles) is used when handling nicotine

5. Train employees

• Train staff on recognizing and segregating hazardous waste
• Provide instructions on emergency procedures for spills and exposure
• Review and refresh training annually

6. Maintain records and compliance

• Keep records of hazardous waste disposal (manifests, invoices)
• Comply with federal (EPA), state, and local regulations
• Register with the appropriate environmental agency if required
• Ensure waste is picked up by a licensed hazardous waste hauler

7. Conduct routine inspections

• Check containers for leaks, damage, or improper labeling weekly
• Verify that storage areas are secure and accessible only to trained personnel
• Document inspections and corrective actions

13. How does the EPA classify smoke shops as hazmat generators?

As they do for any entity that generates hazardous waste, be it a foundry, a factory, a college, a hospital, or even a Ma & Pa smoke shop. The agency is very egalitarian that way. That said:

First, be it known that the EPA classifies hazardous waste generators into three categories by size. In ascending order, these are Very Small Quantity Generators (VSQGs), Small Quantity Generators (SQGs), and Large Quantity Generators (LQGs); and government restrictions, regulations, requirements, and whatnot grow increasingly onerous in direct proportion to size. In this regard, bigger is definitely not better.

As a tobacco retailer, you would probably fit into the first category (VSQG), and that’s where you would want to stay. VSQGs can store up to 2,205 pounds of non-acute hazardous waste or 2.2 pounds of acute hazardous waste onsite at any time. (Additionally, VSQGs must meet monthly generation limits of less than 220 pounds of non-acute hazardous waste and less than 2.2 pounds of acute hazardous waste.)

At first blush, it might seem like accumulating 2,205 pounds of non-acute hazardous waste would be an improbable achievement for a smoke shop. And it would be. But it’s the acute hazardous waste limit that can cause you grief.

Recall, the EPA considers nicotine to be an acute hazardous waste (see Q.4). Accumulating 2.2 pounds of nicotine waste onsite isn’t difficult to imagine. And so doing will bump you up to the next regulatory ring of fire: SQG or even LQG, causing time & money to go up in smoke, as it were.

So, if you’re accumulating a trash pile of nicotine-contaminated detritus in the back room of your smoke shop, make sure it stays south of 2.2 pounds by getting on a disposal schedule with a properly licensed & certified hazardous waste management company. (You can find a premier one here.)

14. How are hazardous waste management rules for smoke shops changing?

The EPA reversed itself concerning certain nicotine products in 2019, removing FDA-approved over-the-counter nicotine replacement therapies (NRTs) from the P075 hazardous waste classification (e.g., gums, patches, and lozenges). These products can now be disposed of as non-hazardous waste, ostensibly streamlining disposal processes for retailers (See source.)

But don’t put your hands together yet.

This delisting doesn’t extend to e-cigarettes or disposable vapes, which remain classified as hazardous waste, necessitating RCRA compliant management. And some

states (e.g., Arkansas, Connecticut, and Michigan) continue to enforce the older classification, requiring NRTs to be treated as hazardous waste. The need for clearer federal guidelines and more uniform state regulations is salient.

The EPA is considering further amendments to the hazardous waste classification of low-concentration nicotine products. Retail industry associations have advocated for reclassifying these products as non-hazardous waste, citing their significantly lower nicotine concentrations compared to older, more toxic nicotine pesticides. They argue that the current classification imposes undue burdens on retailers without corresponding environmental benefits. (See source.)

15. Where can smoke shop managers get help with their hazardous waste management?

Rely on Hazardous Waste Experts to help you remain fully compliant with the multitude of rules, laws, and requirements surrounding tobacco and THC retailing—whether they emanate from federal, state, or local authorities.

Leveraging our years of experience serving virtually every kind of smoke shop, we understand the unique kinds of hazardous waste that your business produces—and how to efficiently manage those wastes most cost-effectively.

Let us design a convenient pickup schedule for your business that ensures your onsite hazmat quantities remain at or below VSQG levels—with particular attention to acutely hazardous waste.

Contact us today—or call us at our new number: 425.414.3485.

And thank you for reading our blog!