Vaping FAQs

is vaping illegal for minors in illinois

by Shawn Collins Published 1 year ago Updated 1 year ago
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No. The legal vaping age in the state of Illinois is 21 and it is therefore against the law to purchase a vape if you are under this age. Although it used to be 18, the official age was lifted in 2019, in line with federal changes.

Illinois LAWS & TAXES
No minor or adult under 21 years of age shall possess any cigar, cigarette, smokeless tobacco, tobacco in any of its forms or alternative nicotine product [vapor product].

Full Answer

What is the legal vaping age in Illinois?

The legal vaping age in the state of Illinois is 21 and it is therefore against the law to purchase a vape if you are under this age. Although it used to be 18, the official age was lifted in 2019, in line with federal changes.

Can You vape in the Illinois State Capitol?

Vaping or use of electronic cigarettes prohibited in any building or structure in the Capitol Complex. Ill. Admin. Code tit. 71, § 2005.40 (m) (2021) Illinois e-cigarette regulations as of December 15, 2021.

How old do you have to be to vape?

Vaping and e-cigarette laws are complex. Vape pens vary and can be adapted to use tobacco, liquid nicotine, marijuana, herbs, and more. Furthermore, while federal law allows 18-year-olds to purchase tobacco products, some states put the minimum age at 21.

What are the laws for vaping in Colorado?

Colorado Vaping Laws: Colorado restricts the sale and possession of nicotine products, including devices that could be used to deliver nicotine (including vape pens), to people who are 18 or older. Ohio Vaping Laws: Ohio does not define e-cigarettes as tobacco products.

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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Is it illegal for a minor to vape in Illinois?

State law prohibits sale of tobacco, nicotine and nicotine products to those under the age of 18. Vaping is also prohibited where smoking is not allowed, including on the campuses of public higher education schools, but young people are increasingly being ticketed for underage vaping.

What is the legal age for vaping in Illinois?

age 21Beginning July 1, 2019, Illinois law prohibits the sale of tobacco products, including these products, to people younger than age 21.

Can you legally vape at 15?

The use of electronic cigarettes and vaping products are to be only purchased if you are over 18. The legal age to vape in America is 21, a federal law.

Is it illegal to give a child a vape?

The short answer is no; anyone under the age of 18 cannot legally purchase any vaping equipment, including eliquids and devices, therefore should not be able to vape before this age.

Is vaping in school illegal?

What are the rules about smoking and vaping at school? Smoking and vaping is against school rules and your school must take all reasonable and practical steps to make sure that no one smokes or vapes on school grounds. This applies to students, parents, guardians, staff and any other person visiting the school.

Can you smoke at 16 in Illinois?

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.

What happens if a minor Vapes?

For minors attempting to purchase or use vaping products, punishments include fines up to $50, education on health risks, and community services.

How old can you be to vape?

Under the NSW Public Health (Tobacco) Act 2008, it is illegal to sell e-cigarettes or e-cigarette accessories to a person under 18 years of age. It is illegal to display, advertise or promote e-cigarettes. E-cigarettes that do not contain nicotine are legal in NSW.

What happens if you vape at 14?

Getting addicted to nicotine can make it harder for teenagers to focus and concentrate. E-cigarettes also contain chemicals that could cause cancer, and there are many reports of serious lung problems connected to vaping. Additionally, vaping can make teenagers more likely to start smoking regular cigarettes.

What punishment should I give my kid for vaping?

Most kids use vape pens because they cannot be easily recognized as e-cigarettes. Common punishments include community service, one-week suspension for first or second offenses, and even expulsion for repeated behavior.

How do you get an underage vape?

You can't buy them so the only way is through friends. Just don't ask any strangers to help you. Only ask your friends who are of legal age. Or if you have friends who vape just ask them to share with you.

How do 13 year olds get vapes?

Unfortunately, the majority of underage vaping users are still getting the products from local gas stations or areas in their community that sell the products. Some may also be getting them from friends and family members.

Can I vape at 18 in Illinois?

Sale/distribution of electronic cigarettes to persons under age 21 prohibited. No person under 16 years of age may sell an electronic cigarette at a retail establishment (unless child within family-owned business).

Can you smoke at 18 in Illinois?

llinois' tobacco laws regulate the distribution, sale and taxation of tobacco products and include penalties for violations. Within these laws are provisions prohibiting the sale and purchase of tobacco products, tobacco accessories and smoking herbs to persons under the age of eighteen.

What can 18 do in Illinois?

You have the right to:Vote & serve on a jury.Make a will.Sue in your own name.Make a contract (rent an apartment, buy a car, take out a loan)Get medical treatment.Be completely independent from your parents.Apply for credit in your own name.Get married, without parental consent.

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

Generally, at least 18 years old. The nicotine content in the vape does not impact the minimum age. At least 18 years old. There is no restriction for selling e-cigarettes that do not contain nicotine.

Illinois Gov. Signs New E-Cigarette Law

Illinois Governor Pat Quinn signed a new law today prohibiting use and sale of e-cigarettes to anyone under age 18. It applies to all alternative nicotine products. Electronic cigarettes don't contain tobacco, but do contain nicotine which is the addictive substance that makes smoking difficult to quit.

E-Cigarette Regulations - Illinois | Public Health Law Center

Vaping or use of electronic cigarettes prohibited in any building or structure in the Capitol Complex. Ill. Admin. Code tit. 71, § 2005.40(m) (2022) Illinois e-cigarette regulations as of June 15, 2022. Click to return to the map page.

There are several new laws to take effect in 2022 - KWQC

QUAD CITIES (KWQC) - The new year is just days away, here are some of the notable new laws taking effect in Illinois in 2022: SB 00512: The “Preventing Youth Vaping Act” aims to prevent vaping ...

Vaping Laws in Illinois + Taxes, Calls to Action - CASAA

Illinois – Stop a Public Vaping Ban! (HB 201) March 13, 2021 Illinois HB 201 would ban vaping in the same places where smoking is prohibited. ... Illinois already bans the sale of tobacco and vapor products to minors and adults under the age of 21 years old. Flavor Bans: ...

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

How old do you have to be to vape?

It is illegal to use a vaping device by anyone under the age of 18 years old (including eLiquids) because they are not considered safe for minors or people who do no have legal capacity.

How old do you have to be to buy eliquid in Illinois?

Vapers must be 18 years or older to purchase vaping devices and eLiquid in Illinois, but they can also buy other tobacco related items such as cigarettes at age 17 with a parent’s permission

Is vaping a tobacco industry?

The vaping industry is a new, evolving sector of the tobacco market. As such, there are many laws surrounding this growing industry that may not be well-known to vapers or vape shop owners.

Is vaping legal in Illinois?

Is Vaping illegal In Illinois? No. Vaping is not illegal in Illinois, but there are many laws and regulations that apply to vaping products as well vape shops across the state of IL.

Is it illegal to vape on a train?

It’s illegal to use a vaping device while driving or riding on the bus/train (even if you’re just using it as an eLiquids container) because of safety concerns about what could happen with vape liquid spilling out and getting on someone else.

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

As online tobacco and e-cigarette sales continue to grow, the new law seeks to prevent minors from purchasing e-cigarettes by requiring online retailers to take certain steps to ensure that purchasers are at least 21 years old. For example, the law requires that online orders be paid via check or a credit card that includes the customer’s name, and orders must be shipped to the same name and address associated with the payment method. Additionally, sellers must take steps so that “Tobacco Product” appears on the purchaser’s credit card statement. Packages also must be clearly marked as containing e-cigarettes.

Who is the sponsor of the Youth Vaping Act?

The Preventing Youth Vaping Act, or Senate Bill 512, was sponsored by Sen. Julie Morrison and Rep. Bob Morgan and was passed by the Legislature with nearly unanimous bipartisan support.

When does the Vaping Act go into effect?

The Preventing Youth Vaping Act goes into effect Jan. 1, 2022, and is intended to address the epidemic levels of youth e-cigarette usage by prohibiting companies from marketing products to minors. The new law prohibits companies from directing advertisements and marketing materials at people younger than 21 by including cartoons or images from video games, movies and other media that appeal to youth. The law also prohibits other misleading advertising that promotes using e-cigarettes as smoking cessation products or low-risk alternatives to tobacco without the required FDA approval for those uses.

Is it illegal to sell e-cigarettes in Illinois?

During 2019, hundreds of people in several states, including Illinois, became seriously ill or were hospitalized after using e-cigarettes. The new law prohibits sales of adulterated e-cigarettes that contain specific harmful chemicals or additives. Such additives are frequently used to dilute other components, giving products a milder flavor, but cause health risks when they become a vapor.

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

If you have never smoked or used other tobacco products or e-cigarettes, do not start. Effective July 1, 2019, people must be at least 21 years old to buy tobacco products in Illinois, including e-cigarettes.

What is an e-cigarette?

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 products like pens, USB drives, highlighting markers, or colorful toy-like items. E-cigarettes are not safe for youth, young adults, and pregnant women, and can be dangerous for adults who use tobacco products.

What are some common names used for e-cigarettes?

They are sometimes called e-cigs, e-hookahs, mods, vape pens, vapes, tank systems, and electronic nicotine delivery systems (ENDS).

Is it legal to smoke e-cigarettes in Illinois?

Currently, e-cigarettes are not mentioned in the Illinois Smoke-free Illinois Act, which prohibits smoking in virtually all public places and workplaces, but some local ordinances do include e-cigarettes. E-cigarette aerosol is not harmless; it can contain harmful and potentially harmful substances, including nicotine and cancer-causing chemicals. While e-cigarettes typically have fewer chemicals than regular cigarettes, researchers found e-cigarettes present their own unique health risks and can increase the odds of chronic cough, phlegm, bronchitis, and asthma. Some cigarette smokers have replaced traditional smoking with electronic cigarettes (e-cigarettes) or vaping, thinking it is not as dangerous.

Can high school students vape?

Middle and high school students are the largest users of these smoking replacements. Recent youth tobacco surveys found e-cigarette use had surpassed conventional cigarettes as the most commonly used tobacco product among youth. These surveys also revealed that many young people consider vaping to be safe and are not aware that e-cigarettes contain nicotine. It is easy for middle school and high school students to conceal their use of vaping devices because of their appearance as everyday objects. The availability of “vape wear,” such as backpacks and hoodies, also allow the user to vape while concealing the product.

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)

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.

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 ).

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 get a coupon?

Must be 18 years old, including redeeming a coupon for the product ( Sections 161.082 and 161.087 ), unless with a parent, guardian, or spouse ( Section 161.252)

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) ).

When did Illinois update the vaping law?

The updated law will become effective on June 1, 2016 and include alternative nicotine products, i.e. the e-cigarette itself and any other vaping products.

How much is the penalty for smoking in Illinois?

The penalty for the first violation is a fine of $25 or 15 hours of community service, and the maximum penalty for repeated violations is a fine of $100 and 30 hours of community service.

How old do you have to be to buy a cigarette?

cigarettes, or alternative nicotine products made through the Internet or other remote sales methods, performing an age verification through an independent, third party age verification service that compares information available from public records to the personal information entered by the person during the ordering process that establishes the person is 21 years of age or older.

How much is a fine for a fourth offense in a 24-month period?

For the fourth or subsequent offense in a 24-month period, the retailer shall be fined $800 if it does not have a training program that facilitates compliance with minimum-age tobacco laws. For the purposes of this subsection, the 24-month period shall begin with the person's first violation of the Act.

What is an alternative nicotine product?

"Alternative nicotine product" does not include: cigarettes as defined in Section 1 of the Cigarette Tax Act and tobacco products as defined in Section 10-5 of the Tobacco Products Tax Act of 1995; tobacco product and electronic cigarette as defined in this Section; or any product approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for that approved purpose.

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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