Vaping FAQs

is vaping considered smoking in florida

by Dr. Rebeka Konopelski Sr. Published 2 years ago Updated 1 year ago
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The Florida Legislature recently amended state law to restrict indoor vaping in addition to tobacco smoking. The Florida Legislature recently amended state law to restrict indoor vaping in addition to tobacco smoking. Florida Adds Vaping to Regulated Indoor Smoking

Electronic cigarettes do not contain tobacco, but they are listed, and prohibited, as an example of a “tobacco-like product.” There are also laws in effect that prohibit vaping in the workplace.

Full Answer

What are the vaping bans in Florida?

Vaping by persons under 21 years of age prohibited in, on, or within 1000 feet of a school between 6am and midnight. Fla. Stat. § 386.212 (2021) (increased age effective October 1, 2021) Use of electronic cigarettes and nicotine dispensing devices in courthouses of Sixth Judicial Circuit and within 50 feet of entrances thereto prohibited. Admin.

Do smoking laws apply to vaping in Florida?

Smoking laws specifically apply to "tobacco", so the laws don't apply to vaping; yet. Some states are moving towards including vaping in their laws. As the article states, Florida is behind the times as we still allow smoking in bars for no good modern reason.

Will smoking be allowed in Florida?

Florida governor, DeSantis, qualified patients should be allowed to smoke medical marijuana, thus doing away with the smoking ban. The bill, which was co-sponsored by Republican State Sen. Jeff Brandes and Democrat Linda Stewart, allows patients over the age of 18 to have 2.5 ounces of marijuana flower every 35 days.

Are DAB pens legal in Florida?

are dab pens legal in florida. You must be 21 years of age or older to view this website. ... In the same vein, dab pens can only be used with dabs. Over time, the heating unit in your dab pen will wear out. Some will require more voltage to achieve a satisfying puff.

What age can you buy a vape?

Why is it important to stay compliant with vaping laws?

Where is smoking banned?

Where are tobacco substitutes banned?

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

Is vaping banned in Hawaii?

Is smoking banned in prison?

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Is vaping smoking in Florida?

Florida Constitutional Amendment 9 prohibits the use of vaping devices in enclosed indoor workplaces. Exceptions include private residences that are not being used for commercial childcare, adult care, or healthcare; retail tobacco and vape shops; designed smoking guest rooms in hotels; and stand-alone bars.

Does vaping count as a smoker?

On the whole, yes. Most insurance providers will class vaping as the same as smoking.

Are vape pens illegal in Florida?

Florida Laws on Possession of Drug Paraphernalia: In addition to possession of a controlled substance, state law prohibits possession of the implements used for ingesting, inhaling, or otherwise consuming drugs – including vape pens.

What are the smoking rules in Florida?

It is unlawful in Florida for any person under 18 years of age to smoke tobacco in, on, or within 1,000 feet of the real property comprising a public or private elementary, middle, or secondary school between the hours of 6 a.m. and midnight.

Do I have to tell my doctor I vape?

Whether that was a few clove cigarettes every weekend in college, inhaling hookah a few times a year, marijuana, vaping or using cigarettes, it all falls under the umbrella of “smoking,” and it's important for your doctor to know if you're smoking now or have in the past.

Is vaping really 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.

Can you vape indoors in Florida?

Use of vapor-generating electronic devices are prohibited in enclosed indoor workplaces, except private residences when not in use as child, adult or health care facilities, with some exceptions. Vaping by persons under 21 years of age prohibited in, on, or within 1000 feet of a school between 6am and midnight.

Can you buy Vapes at gas stations in Florida?

Gas stations, convenience stores and vape shops - vaping products that contain nicotine are being sold at all of them. In Florida, you have to be at least 18 to buy these vaping products.

Are vape pens considered paraphernalia?

Vaporizers, Vape Pens, and Dabs Used for tobacco as well, here are kinds of drug paraphernalia that are popular because they hide smells. Vaporizers, in many forms, can be used for weed, hash, liquids, and hash oil.

Can you vape at a beach?

California State Law 761, Sec. 2.) smoking and vaping tobacco and marijuana in most areas of California state parks and beaches and the disposal of cigars and cigarettes in a State park or beach unless it is into an appropriate waste receptacle. Violators can be fined up to $25.

Does Florida have no smoking policy?

Because of that amendment, Florida law prohibits smoking in most public and private businesses, including restaurants. While there are few exceptions, including standalone bars, the amendment makes it possible for many Floridians to go about their daily lives without being exposed to secondhand smoke.

What is the age for vaping in Florida?

21Like traditional cigarettes or smokeless tobacco, the legal minimum age to purchase any e-cigarette in Florida is now 21. The new state law includes an exemption for military personnel who are on active duty and at least 18 years of age.

What can a 15 year old do when vaping?

5 Tips to Help Teens Quit VapingReason with your child. Have an honest discussion about the effects of vaping and how this type of addiction can lead to other substance abuse. ... Be present. ... Talk, don't punish. ... Appeal to their desire for independence. ... Equip them with support and resources.

What is the difference between smoking cigarettes and vaping?

Both vaping and smoking deliver nicotine. In fact, it's the nicotine that makes smokers and vapers hooked to the habit. The difference is that smoking delivers nicotine via combustion, whereas vaping delivers the compound through vaporization.

What happens when you quit smoking and start vaping?

Within 24 hours of quitting smoking and starting vaping, your body will have gotten rid of all of the residual carbon monoxide in your system. But your lungs, too, will begin to detoxify as they work on removing toxic debris and mucus that had accumulated while you were smoking.

Does vaping smell like smoke?

E-cigarettes don't smell bad like the smoke from combusting tobacco, however, most e-liquids have flavors in them that usually smell nice like candy, mint, vanilla, fruit punch etc. If you catch a sudden whiff of any of these but none of them is around, consider this a red flag. that it could be a vaporizer.

Vaping Laws by State 2022 - worldpopulationreview.com

Currently, there are 29 states with specific laws around how to package vaping products. They make sure that each packaged product has the necessary precautions to prevent children from accessing them, like: including the danger of using the product, reminding the buyer that the product isn’t for children, making sure that all caps on products are tightly secured, and wrapping all products ...

State by State Restrictions on Vaping Products - Electric Tobacconist

As a result of the PACT Act, USPS can no longer ship vaping products. Please read our Vape Mail Ban page for more information.. Electric Tobacconist complies with all federal and state-specific laws and regulations.

New vaping laws to kick in from October – Atlam Group

From 1 October 2021 you will no longer be able to buy or import nicotine vaping products from overseas websites without a valid doctor's prescription.

U.S. E-Cigarette Regulations - Public Health Law Center

This snapshot of U.S. e-cigarette regulations is based on a survey of current state statutes in the 50 states, Washington, D.C., and five U.S. territories in the following areas: definition of “tobacco product,” taxation, product packaging, youth access/other retail restrictions, licensure, and smoke-free air legislation.

When is vaping banned in Florida?

Vaping in most indoor workplaces is banned in Florida starting July 1, 2019. Several new laws go into effect next week, including a ban on vaping in indoor workplaces.

Who is the Bureau Chief of Tobacco Free Florida?

Laura Corbin, Bureau Chief of Tobacco Free Florida, said the amendment will help change the culture around smoking

Is vaping harmful to the body?

The long-term health effects of e-cigarette use, or vaping, are still unknown,” Corbin said, “But we know that e-cigarette aerosol is not harmless water vapor. The aerosol that users breathe and exhale can contain harmful and potentially harmful substances.".

What is an e-cigarette?

How does the state define an e-cigarette? Nicotine dispensing device means “any product that employs an electronic, chemical, or mechanical means to produce vapor from a nicotine product, including, but not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product, ...

What is a nicotine product?

Nicotine product means “any product that contains nicotine, including liquid nicotine, that is intended for human consumption, whether inhaled, chewed, absorbed, dissolved, or ingested by any means, but does not include a: (1) Tobacco product, as defined in § 569.002....”. Fla. Stat. § 877.112 (1) (b) (2021)

Is vapor generated electronic device allowed in enclosed indoor workplaces?

Use of vapor-generating electronic devices are prohibited in enclosed indoor workplaces, except private residences when not in use as child, adult or health care facilities, with some exceptions. Fla. Const. Art.

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.

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) ).

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) ).

What age can you vape in Florida?

Florida Vaping Laws Regarding Minors. Florida Statutes 877.112 states that anyone under the age of 18 is prohibited from possessing an e-cigarette or any other types of nicotine dispensing products.

How many counties in Florida have e-cigarette laws?

However, these are local laws, and only 19 counties and cities in the Sunshine State have them as of this writing, and they do not affect certain work environments. Currently, 19 localities in Florida ban the use of e-cigarettes in enclosed workplaces.

Where Are People Banned From Smoking E-Cigarettes?

In 2015, the Sixth Judicial Court in and for Pasco and Pinellas Counties ordered that no one can use e-cigarettes inside their courthouses. They also cannot use them unless they are at least 50 feet away from the courthouses. More broadly, all “firefighter employee places of employment” are completely tobacco-free according to Rule 69A-62.024 (6). Electronic cigarettes do not contain tobacco, but they are listed, and prohibited, as an example of a “tobacco-like product.”

Can you vape on the beach in Florida?

You may now find people “vaping” on the beach, on the street, and even inside shopping malls, where kiosks vend them. However, not everyone is allowed to use them, and people are not allowed to smoke e-cigarettes everywhere. Here are the current Florida vaping laws.

Is it legal to smoke e-cigarettes in Florida?

The Current Laws in Florida for Smoking E-Cigarettes. The smoking of electronic cigarettes, often shortened to e-cigarettes, has become increasingly common. These products, known in legal terms as an example of a “nicotine dispensing device,” have been promoted as healthier alternatives to standard cigarettes.

Is vaping allowed in Florida?

Vaping is allowed for people who work outdoors. These localities range across the state and include populous cities like Miami, Port St. Lucie, and Boca Raton. Vaping in enclosed workplaces is prohibited throughout the counties of Miami-Dade, Alachua, and Marion.

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.

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.

Is Vaping Legal?

In a word – yes. Just like regular tobacco, vaporizers and other ENDS are completely legal and can be used freely, in the areas that allow the use of tobacco and tobacco-derived products. However, if you feel like there’s a legal loophole that allows you to vape in a non-smoking area – there’s not. At that point, you may be removed from the premises or be subject to financial fines or other forms of legal trouble.

Is e-cigarette the same as traditional cigarettes?

Based on the FDA’s definition, traditional cigarettes and e-cigarettes are in the same category. Insurance companies also take that into consideration and treat you the same as traditional smokers. This typically translates into you receiving higher insurance rates than non-smokers for your health and life insurance policies.

Does insurance raise premiums for vaping?

Although most insurance companies will raise your insurance premium regardless of if you are smoking or vaping, there are some carriers that provide rate relief for vaping. Check your state insurance department to find out which carriers view vaping favorably. EINSURANCE.com is an online insurance comparison website.

Is Vaping Considered Smoking for Insurance Purposes?

However, some studies show that smokers who use them are actually less likely to quit. Hence the question: is vaping considered smoking for insurance purposes, given electronic alternatives contain lower toxins than traditional tobacco cigarettes?

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.

When did Florida legalize marijuana?

In November of 2016, 72% of residents voted on the initiative, also known as Amendment 2. When Florida residents voted on the initiative, they assumed that would mean all types of medical marijuana would be available for patient use, including smokable “cannabis flower” and edibles.

Who ruled in favor of allowing smokable medical cannabis in Florida?

In May of 2018, State Circuit Judge Karen Gievers ruled in favor of allowing smokable medical cannabis as an option for patients in Florida. The ban, Judge Gievers determined, was “unconstitutionally inconsistent with voters’ intent.”

Is Vaping Marijuana Legal in Florida?

The ability to vape cannabinoids has been legalized since Amendment 2 was first enacted. If you are wondering why vaping was permitted, but “smokable flower” cannabis was not, it has a lot to do with lung health and respiratory concerns.

What amendments were passed to ban smokable marijuana?

However, the DOH banned all other forms of medical marijuana with the exception of vape oils, capsules, and topical creams. The language of Amendment 2 was changed to enact a ban on the other types of products, including smokable marijuana and edibles. This was done after Florida voters had already approved Amendment 2.

Is vaping safer than smoking?

At the time, vaping was considered to be safer than smoking medical marijuana that was paper rolled or consumed with a pipe. However, any solvents or carrier fluids in vape carts can also present health risks. Particularly for patients who suffer from respiratory disorders like emphysema, lung cancer, chronic bronchitis, or pneumonia.

Can you smoke marijuana inhalation?

All cannabis inhalation methods do result in some residue which creates the potential for respiratory inflammation. Many physicians recommend minimal use of smokable marijuana or vapes for that reason. Ultimately, the patient has the freedom of choice to choose a product and consumption method that they prefer. And for many, that preference is for smokable medical marijuana flower.

Can dispensaries buy THC?

The State of Florida allows dispensaries to produce their own low-THC cannabis within extremely strict guidelines. Dispensaries cannot purchase cannabis through a supply chain. This may sound difficult for dispensaries, but it is an important step that Florida has taken to reduce risks and crime.

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.

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) ).

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) ).

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