Vaping FAQs

is vaping considered smoking according to the law in illinois

by Amy Hoeger Published 2 years ago Updated 1 year ago

Yes, flavored vapes are banned in Illinois. Illinois recently banned the sale of e-cigarettes, vapor cigarettes and other vaping products in flavors other than tobacco or menthol. Tobacco is subject to a state excise tax rate at 36% on wholesale price as well federal taxes (listed below).

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What is the legal age for vaping in Illinois?

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What is legal smoking age in Illinois?

Legal smoking age. The legal smoking age in Illinois is 21 years old. This means that no one under the age of 21 can buy tobacco products. Tobacco products include cigarettes, e-cigarettes, and alternative nicotine products. A few examples of e-cigarettes are: Vape pens; Electronic hookahs; and. Electronic cigars.

What are E-cigarettes and Vapes?

Why are e-cigarettes considered tobacco products?

Is it safe to smoke e-cigarettes?

Is e-cigarettes the most commonly used tobacco product among youth?

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About this website

Is smoking a vape considered smoking?

Vaping is not smoking, but some people find vaping works to help them quit because it offers experiences similar to smoking a cigarette. Vaping has a similar hand-to-mouth action as smoking, and it can also be social.

What are the vaping laws in Illinois?

E-cigarettes, vapes, vape or hookah pens, e-pipes, and other vaping products are battery-powered devices that allow users to inhale, or vape, aerosolized liquid (e-juice). Beginning July 1, 2019, Illinois law prohibits the sale of tobacco products, including these products, to people younger than age 21.

Does smoking ban include vaping?

And as such the use of e-cigarettes is becoming increasing prevalent. E-cigarettes are not covered by smoke free legislation such as the Health Act 2006. This is because they do not burn tobacco or create smoke. However, there are still a number of things you should be aware of when it comes to vaping in public.

Are vapes banned in Illinois?

Illinois already bans the sale of tobacco and vapor products to minors and adults under the age of 21 years old. Flavor Bans: Federal law prohibits the sale of closed system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol.

Are disposable vapes banned in Chicago?

Tobacco flavored vape juice with nicotine is still permitted. Tobacco flavored disposable vapes with nicotine are still permitted.

Do they sell vapes in Illinois?

The answer is that vape products are still legal in Illinois, but they will have to be sold under the new regulations. There are no clear guidelines yet as to what these regulations will be or can be. The State Department of Public Health has issued a new set of regulations that are set to change the vaping industry.

Is vaping worse than smoking?

1: Vaping is less harmful than smoking, but it's still not safe. E-cigarettes heat nicotine (extracted from tobacco), flavorings and other chemicals to create an aerosol that you inhale. Regular tobacco cigarettes contain 7,000 chemicals, many of which are toxic.

What is the law on vaping?

You must be 18 or over to buy e-cigarettes or e-liquids in the UK. It is also illegal for vape adverts to include models who appear to be under the age of 25. These measures are in place to prevent children from taking up vaping.

Are you allowed to vape at work?

Some may ban vaping outright. To gain clarity on the situation, anyone looking to vape in their workspace should consult their line manager, human resource manager, or other senior member of their work's staff. Politely ask if vaping is allowed in the office, and if you're told that it's banned abide by that rule.

Are flavored vapes illegal in Chicago?

Any tobacco dealers who display flavored nicotine products violates Section 4-64-510 and will be fined $1,000-$5,000 per offense.

Can you order vape juice online in Illinois?

You will no longer be able to purchase vape juice online and have it shipped directly to your home. While it is advisable to stock up on your favorite flavors while you still can, you might be forced to purchase vape juice solely from brick and mortar establishments.

Will vaping be banned in the US?

After a two-year review, the Food and Drug Administration announced Thursday it will ban all vaping and e-cigarette products sold by Juul.

Can you order vape juice online in Illinois?

You will no longer be able to purchase vape juice online and have it shipped directly to your home. While it is advisable to stock up on your favorite flavors while you still can, you might be forced to purchase vape juice solely from brick and mortar establishments.

How old do you have to be to vape without nicotine?

Because it is defined as a tobacco product, it is illegal for a retailer to sell zero-nicotine e-liquid to anyone under 21.

Can I vape outside?

If you're going to vape, do it outdoors. Avoid vaping in the home or car. This keeps the air and surfaces inside free of the harmful components, so others don't inhale or come into contact with them on surfaces.

Does Walgreens sell vape?

We have made the decision to stop selling e-cigarette products at our stores nationwide as the CDC, FDA and other health officials continue to examine the issue. This decision is also reflective of developing regulations in a growing number of states and municipalities.

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Smoke-free tobacco products are subject to a state excise tax of 36% of wholesale price as well as federal excise taxes (listed below). The tax on Snuff is $0.30 per ounce. 3 Vapor products are taxed at the rate of 15% of the wholesale price of electronic cigarettes sold or otherwise disposed of to retailers or consumers located in this State.

E-Cigarettes and Vaping - Illinois

E-cigarettes, vapes, vape or hookah pens, vaporizers, e-pipes, vape watches, and other electronic nicotine delivery products are electronic, battery-powered devices that heat a liquid and allow users to inhale the aerosolized liquid, also known as e-liquid or e-juice. These devices come in many shapes and sizes. Some look like a regular cigarette, but many resemble everyday

What are E-cigarettes and Vapes?

E-cigarettes are devices which produce an aerosol by heating a liquid that usually contains nicotine —the addictive drug in regular cigarettes, cigars, and other tobacco products—flavorings, and other chemicals that help to make the aerosol. Bystanders can also breathe in this aerosol when the user exhales into the air. The nicotine in e-cigarettes and regular cigarettes is highly addictive.

Why are e-cigarettes considered tobacco products?

E-cigarettes are considered tobacco products because most of them contain nicotine, which comes from tobacco. Besides nicotine, e-cigarettes can contain harmful and potentially harmful ingredients, including:

Is it safe to smoke e-cigarettes?

These products are not safe for youth, young adults, pregnant women, or adults who do not currently use tobacco products. The aerosol created by e-cigarettes can contain ingredients that are harmful and potentially harmful to the public’s health. 4 The federal Food and Drug Administration (FDA) has reported that some people who use e-cigarettes have experienced seizures, with most reports involving youth or young adult users. Seizures or convulsions are known potential side effects of nicotine toxicity. 5

Is e-cigarettes the most commonly used tobacco product among youth?

E-cigarettes recently surpassed conventional cigarettes as the most commonly used tobacco product among youth. 1 It is critical that public health officials and the general public understand the potential risks of using them.

How does the state define an e-cigarette?

Electronic cigarette means “ (1) any device that employs a battery or other mechanism to heat a solution or substance to produce a vapor or aerosol intended for inhalation; (2) any cartridge or container of a solution or substance intended to be used with or in the device or to refill the device; or (3) any solution or substance, whether or not it contains nicotine intended for use in the device .

What regulations are in place for e-cigarette packaging?

Electronic cigarette liquids may only be sold in child-resistant packaging, excluding e-cigarette products sold in “sealed, pre-filled, or disposable replacement cartridges.” 430 Ill. Comp. Stat. 40/10 (2021)

What smoke-free restrictions exist for e-cigarette use?

Use of products containing nicotine prohibited in places smoking prohibited on public higher education campuses. 110 Ill. Comp. Stat. 64/10 (definition of “smoking”) and 64/15 (a) (2021)

Why is it important to stay compliant with vaping laws?

Staying compliant and up-to-date on all vaping laws is essential to avoid trouble with law enforcement. If you are facing charges for vaping underage or trying to buy a product, a lawyer who understands e-cigarette laws and their nuances can help.

Where is smoking banned?

Use banned at childcare buildings, playgrounds, schools, and everywhere smoking is also banned ( Section 70.345.150 and 110-300-0420 (2) ). Banned at most colleges and universities in their regulations and in state-run veteran’s homes except for designated areas ( Section 484-20-090 (1) (h) ).

What age can you buy a vape?

Furthermore, while federal law allows 18-year-olds to purchase tobacco products, some states put the minimum age at 21. Pay close attention to your state’s evolving laws to avoid conflict while purchasing or using e-cigarettes.

Where are tobacco substitutes banned?

Banned at childcare centers, after school activities ( Section 33-3504 (a) ), and on public school grounds or at school events ( Section 16-140 ).

How old do you have to be to buy e-cigarettes?

Must be 19 years old to buy from a store or distributor ( Section 76-10-104 (1)) and must be 18 years old to buy or have e-cigarettes ( Section 76-10-105 (1) ). The exception is active military members over age 18 or anyone accompanied by a parent ( Section 26-62-205 ).

Is vaping banned in Hawaii?

E-cigarettes and vaping banned in the same places as smoking ( Section 328J-1 ). Use banned in all parks and at all University of Hawaii properties ( Section 304A-122 (a) ). Purchase requires an ID even if using a mail order delivery service ( Section 245-17 (b) ).

Is smoking banned in prison?

Use banned the same places smoking is banned ( Section 23-20.10-2 (19)) with some exceptions. Banned at all correctional facilities, including vehicles and properties ( Section 240-20-1.6 (D) and 1.16 (D) ).

How many high school students use e-cigarettes?

This policy was put into place once statistics have shown that over 3.5 million middle and high school students were regularly using vaporizers and e-cigarettes. Out of those 3.5 million, over 3 million used fruit-flavoured products and claimed the flavour was the reason why they were using the products.

Is e-cigarette available to youth?

As you can probably see, most countries around the world are aiming to make e-cigar ettes, vaporizers and other ENDS non-available and non-appealing to youth. As far as grown-ups are concerned, what they do is entirely up to them.

Can You Sell And Advertise Vaporizers And E-Liquids To Minors?

Seeing how FDA published a rule saying vapes are tobacco-derived products, selling and advertising to minors is forbidden by the law. Also, in early 2022, FDA also issues an enforcement policy on unauthorized cartridge flavouring that appeal to kids and minors. This policy stated that all manufacturers are to stop producing and selling all flavoured cartridge-based e-cigarettes and other ENDS within 30 days or they would risk enforcement actions from the FDA.

Do The Same Laws And Rules Apply Outside of the US?

No . There are different laws in place in different counties. For instance, in Canada, you are still legally allowed to produce, sell and use fruit-flavoured vaporizing liquids and according to DashVapes, the fruit-flavoured e-liquids are still the most popular out of all available flavours. To be fair, there were some changes regarding flavours, but it was mostly limited to changes in branding and naming, to make it less appealing to children.

Is smoking cigarettes the same as vaping?

Is smoking cigarettes the same as vaping? If you were to ask a regular smoker or someone that vapes, you would probably get the exact same answer from both of them – a resounding no. Both regular smokers and vapers agree on the fact that what they do isn’t the same and that the only thing that’s common is the fact that they both seem to enjoy nicotine.

Is vaping the same as smoking?

Well, the answer to that question isn’t that simple. You see, in the eyes of law, vaping and smoking are kind of one and the same. Vaping products are in great majority considered to be “tobacco” or “tobacco-derived” products. So, what does this all mean in practice?

Can you smoke a vaporizer in Canada?

That means you can’t pull out your device and start using it in any place where smoking is restricted. On the other hand, if you’re a passionate smoker and you’re looking for a healthier alternative to cigarettes – vaporizers might come in handy.

What is the smoke free Illinois Act?

The Smoke-free Illinois Act (Public Act 95-0017) protects the public from the harmful effects of exposure to tobacco smoke by prohibiting smoking in public places and places of employment and within 15 feet of any entrance, exit, windows that open, or ventilation intake of a public place or place of employment.

How much is the smoke free act in Illinois?

Businesses found in violation of the Smoke-free Illinois Act are subject to fines. Fines are assessed at $250 for the first violation, $500 for the second violation and a $2,500 minimum fine for all subsequent violations within one year of the first violation.

How many chemicals are in second hand smoke?

Secondhand smoke contains more than 4,000 chemicals, including more than 50 known cancer-causing substances. When nonsmokers are exposed to secondhand smoke, they inhale many of the same cancer-causing chemicals that smokers inhale.

What happens if a business fails to comply with the Smoke Free Illinois Act?

If the business owner fails to comply with the Smoke-free Illinois Act, an employee or patron may file a complaint The Illinois Department of Public Health, state-certified local public health departments and local law enforcement agencies are designated enforcement agencies under the Smoke-free Illinois Act.

What is a place of employment in Illinois?

Places of employment are defined in the Smoke-free Illinois Act as any area under the control of a public or private employer that employees are required to enter, leave or pass through during the course of employment. These areas include, but are not limited to, offices and work areas, restrooms, conference rooms and classrooms, ...

Where to post no smoking signs in Illinois?

Post “No Smoking” signs at each entrance to the place of employment or public place where smoking is prohibited. “No Smoking” signs must comply with the specification in the Smoke-free Illinois Act. Remove ashtrays from areas where smoking is prohibited.

Is second hand smoke bad for you?

Exposure to secondhand smoke in the workplace has been linked to an increased risk for heart disease and lung cancer among adult nonsmokers. For more information, go to the 2006 SurgeonGeneral's Report: The Health Consequences of Involuntary Exposure to Tobacco Smoke,which is available on-line.

What states have e-cigarette laws?

Connecticut. As of July 6, 2015, Connecticut law (Public Act No. 15-206) regulates the use of e-cigarettes in public places. Areas that are prohibited include: restaurants, state buildings, healthcare facilities, school campuses and buildings, and child care facilities.

Is the FDA regulating e-cigarettes?

Though the FDA has standardized rules for e-cigarettes sales, the specific usage of them is regulated at the state level. The Public Health Law Center has gathered together every state’s regulation for e-cigarettes (as of June 15, 2016), which includes the specific state code / law reference.

Does Michigan have a smoking ban?

Michigan’s Smoke-Free Air Act of 2009 outlines the smoking laws within the state . The law does not specifically mention the use of electronic cigarettes. As such, it is assumed that ‘no smoking’ laws and signage do not apply to vaping. The state does have a comprehensive guide to current laws on tobacco products. ‘No smoking’ laws do prohibit smoking in public places, but these do not cover electronic cigarette use. It is assumed that ‘no smoking’ signage does not apply to e-cigarettes. We found no explicit mention of ‘no vaping’ signage and whether they prohibit the use of e-cigarettes.

Is there a law that prohibits smoking in public?

There are no state laws that prevent the use of electronic cigarettes in public. Local municipalities may enact laws that restrict use. ‘No vaping’ signage is not mentioned in any of the state laws and it is assumed that ‘no smoking’ signs do not apply to vaping. Click template to edit. Click template to edit.

Is Louisiana a smoke free state?

The Louisiana Smokefree Air Act (Jan. 2007) outlines the current smoking regulations in the state. Smoking is prohibited in outdoor public places, public buildings, and businesses. There are no current state regulations that prevent the use of electronic cigarettes in public places. Local ordinances may differ from those of state law. All Louisiana restaurants and workplaces are smoke-free. Though not adopted under the smoke-free law, e-cigarettes may be prohibited by certain workplaces. To our knowledge, no vaping signage is not mentioned in state law. More information on the Louisiana smoke-free laws can be found on the Tobacco Free Louisiana website.

Is there a smoking law in Kentucky?

Kentucky has limited smoke-free laws, which are found in the Kentucky Clean Indoor Air Act (1994). There are currently no regulations on vaping within the public places. It is assumed that ‘no smoking’ signage does not apply to e-cigarette use. Nor could we find any specific no vaping or no e-cigarettes signs or signage laws. There is currently a push to enact a smoke-free law that would protect workers.

Does Idaho have a smoke free zone?

The Idaho Clean Indoor Air Act (2007) outlines smoke-free laws within the state, which includes prohibiting smoking in public buildings, unless such building has a designated smoking area. The Clean Indoor Air Act does not set forth statewide legislation regarding the use of electronic cigarettes. State law does allow local ordinances to be passed, so we recommend checking with your city or town government to understand what is accepted. No Vaping signage is not mentioned in the law, but it assumed that no smoking signs do not have force of law for e-cigarette use.

How far from an exit is smoking allowed?

Sec. 70. Entrances, exits, windows, and ventilation intakes. Smoking is prohibited within a minimum distance of 15 feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited under this Act so as to ensure that tobacco smoke does not enter the area through entrances, exits, open windows, or other means.

What is home rule in smoking?

(a) Any home rule unit of local government, any non-home rule municipality, or any non-home rule county within the unincorporated territory of the county may regulate smoking in public places, but that regulation must be no less restrictive than this Act.

How many people die from second hand smoke in the US?

Secondhand tobacco smoke causes at least 65,000 deaths each year from heart disease and lung cancer according to the National Cancer Institute. Secondhand tobacco smoke causes heart disease, stroke, cancer, sudden infant death syndrome, low-birth-weight in infants, asthma and exacerbation of asthma, bronchitis and pneumonia in children and adults. Secondhand tobacco smoke is the third leading cause of preventable death in the United States. Illinois workers exposed to secondhand tobacco smoke are at increased risk of premature death. An estimated 2,900 Illinois citizens die each year from exposure to secondhand tobacco smoke.

Is secondhand smoke dangerous?

The General Assembly also finds that the United States Surgeon General's 2006 report has determined that there is no risk-free level of exposure to secondhand smoke; the scientific evidence that secondhand smoke causes serious diseases, including lung cancer, heart disease, and respiratory illnesses such as bronchitis and asthma, is massive and conclusive; separating smokers from nonsmokers, cleaning the air, and ventilating buildings cannot eliminate secondhand smoke exposure; smoke-free workplace policies are effective in reducing secondhand smoke exposure; and smoke-free workplace policies do not have an adverse economic impact on the hospitality industry.

Is smoking in public places illegal?

Smoking in public places, places of employment, and governmental vehicles prohibited. No person shall smoke in a public place or in any place of employment or within 15 feet of any entrance to a public place or place of employment.

Is smoking allowed in dormitories?

Sec. 25. Smoking prohibited in student dormitories. Notwithstanding any other provision of this Act, smoking is prohibited in any portion of the living quarters, including, but not limited to, sleeping rooms, dining areas, restrooms, laundry areas, lobbies, and hallways, of a building used in whole or in part as a student dormitory that is owned and operated or otherwise utilized by a public or private institution of higher education.

Is smoking allowed in private residences?

Exemptions. Notwithstanding any other provision of this Act, smoking is allowed in the following areas: (1) Private residences or dwelling places, except. when used as a child care, adult day care, or healthcare facility or any other home-based business open to the public.

What are E-cigarettes and Vapes?

E-cigarettes are devices which produce an aerosol by heating a liquid that usually contains nicotine —the addictive drug in regular cigarettes, cigars, and other tobacco products—flavorings, and other chemicals that help to make the aerosol. Bystanders can also breathe in this aerosol when the user exhales into the air. The nicotine in e-cigarettes and regular cigarettes is highly addictive.

Why are e-cigarettes considered tobacco products?

E-cigarettes are considered tobacco products because most of them contain nicotine, which comes from tobacco. Besides nicotine, e-cigarettes can contain harmful and potentially harmful ingredients, including:

Is it safe to smoke e-cigarettes?

These products are not safe for youth, young adults, pregnant women, or adults who do not currently use tobacco products. The aerosol created by e-cigarettes can contain ingredients that are harmful and potentially harmful to the public’s health. 4 The federal Food and Drug Administration (FDA) has reported that some people who use e-cigarettes have experienced seizures, with most reports involving youth or young adult users. Seizures or convulsions are known potential side effects of nicotine toxicity. 5

Is e-cigarettes the most commonly used tobacco product among youth?

E-cigarettes recently surpassed conventional cigarettes as the most commonly used tobacco product among youth. 1 It is critical that public health officials and the general public understand the potential risks of using them.

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