Vaping FAQs

is vaping illegal for minors in minnesota

by Dr. Josefa Bins Published 1 year ago Updated 1 year ago
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Stat. §§ 461.12; 609.685) There is no penalty in state law for the possession or use of electronic cigarettes by a person under 21, other than the petty misdemeanor penalty that applies to any person who smokes in an area where smoking is prohibited or restricted under the MCIAA.

Full Answer

Is it legal to vape in Minnesota?

Yes, it is legal to vape in Minnesota if one is over the age of 21. However, if you are under 21 it is illegal to consume/purchase e-cigarette related merchandise unless certain circumstances. What is the legal vaping age in Minnesota? The legal vaping age in Minnesota is 21 years old.

Is vaping legal for minors?

But, it is illegal when it comes to minors under the age of 18 as of this writing. Vaping is the practice of inhaling and exhaling the vapor produced from electronic cigarettes or a similar device.

What are the laws for vaping in Washington State?

Washington Vaping Laws: In Washington, the minimum legal age to purchase “vapor products” (any product that may contain nicotine, including vape pens) is 21. The minimum legal age to possess vapor products is 18. The state of Washington does not define e-cigarettes as tobacco products.

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.

How many 11th graders use e-cigarettes?

What is the most commonly used tobacco product among youth?

Can e-cigarettes cause asthma?

Is it safe to smoke e-cigarettes?

Can you quit smoking with an e-cigarette?

Is vapor a cigarette?

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What are the vaping laws in Minnesota?

Minnesota LAWS & TAXES Whoever possesses, smokes, chews, or otherwise ingests, purchases, or attempts to purchase tobacco, tobacco-related devices, or electronic delivery devices and is under the age of 18 years is guilty of a petty misdemeanor.

What is the vaping age in Minnesota?

21The legal age for purchasing and consuming tobacco products in Minnesota is now 21. This includes vaping products and e-cigarettes.

Is vaping illegal under 17?

As with the purchase of conventional cigarettes and alcohol, the legal age to purchase and use an e-cigarette is 18 years.

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.

What happens if you are caught vaping under 18 in MN?

(Minn. Stat. §§ 461.12; 609.685) There is no penalty in state law for the possession or use of electronic cigarettes by a person under 21, other than the petty misdemeanor penalty that applies to any person who smokes in an area where smoking is prohibited or restricted under the MCIAA.

Is vaping indoors illegal in MN?

Smoking and e-cigarette use is prohibited in virtually all indoor public places and indoor places of employment, including: Bars, restaurants, and private clubs. Office and industrial workspaces.

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.

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.

Are Vapes age restricted?

Restrictions and penalties Selling nicotine inhaling products, cartridges containing nicotine or e-liquid containing nicotine to persons under the age of 18 is against the law. There are harsh penalties for companies that break these laws, including: A criminal record for the person who sold to the under-18.

Can an adult buy a vape for a child?

This law says that it's illegal to sell any tobacco products to someone under 18. It's also illegal for someone else to buy them for you if you are under 18. It would be important to think carefully about why you want to try this and the effects it might have on you.

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.

Is it OK for a 13 year old to vape?

A: The federal minimum age to purchase e-cigarette products is 18, but the laws vary by state – 49 states have set a minimum age that is older than 18. 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.

Do you have to be 21 to buy a lighter in MN?

(c) A business establishment that does not sell any toxic substance listed in subdivision 1 other than butane or butane lighters shall post a sign stating that it is illegal to sell butane or butane lighters to anyone under the age of 18.

Can you buy nicotine at 18 in Wisconsin?

Everyone must be at least 21. Wisconsin retailers are verifying age on tobacco purchases to make sure those buying are at least 21. Have your ID ready!

What is the smoking age in the US?

21 yearsThis legislation, known as Tobacco 21 or T21, became effective immediately, and it is now illegal for a retailer to sell any tobacco product – including cigarettes, cigars, and e-cigarettes – to anyone younger than 21 years.

Are there tobacco Free vape pens?

Yes. As explained above, any refillable vape pen can be used as a nicotine free-vape pen. Instead of using a nicotine-based vape juice, you will have to fill the vape pen with a non-nicotine vape juice (0mg).

E-Cigarette Regulations - Minnesota | Public Health Law Center

A snapshot of Minnesota state e-cigarette regulations, as of June 15, 2022. This page is updated quarterly by the Public Health Law Center.

STATE System E-Cigarette Fact Sheet - Centers for Disease Control and ...

RESTRICTIONS ON SALES TO UNDERAGE PERSONS. Minimum Age: Indicates whether a minimum age is required by a state or territory’s law before vendors can legally sell e-cigarettes to an individual for personal consumption. A federal law enacted on December 20, 2019, raised the federal minimum legal sales age for all tobacco products, including e-cigarettes, from 18 to 21 across the United States.

Vaping and E-Cigarette Laws by State - Findlaw

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.

Vaping Laws in Minnesota + Calls to Action - CASAA

THE house Chief Clerk Patrick Murphy 211 State Capitol St. Paul, MN 55155 Phone: (651) 296-2314 Fax: (651) 296-1326

Chapter 88 - MN Laws - Minnesota

Section 1. Minnesota Statutes 2019 Supplement, section 144.4165, is amended to read: 144.4165 TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS. No person shall at any time smoke, chew, or otherwise ingest tobacco or a tobacco product, or carry or use an activated electronic delivery device as defined in section 609.685, subdivision 1, in a public school, as defined in section 120A.05 ...

How many 11th graders use e-cigarettes?

8th grade e-cigarette use nearly doubled from 2016 to 2019, and one in four 11th graders now use e-cigarettes. 2. Additionally, nearly 6 percent of adults currently use e-cigarettes, compared to less than 2 percent in 2010; and, nearly 13 percent of adults age 18-24 use e-cigarettes. 3 The use of multiple tobacco products – dual use – is common: 37 ...

What is the most commonly used tobacco product among youth?

E-cigarettes are the most commonly used commercial tobacco product among youth, 1 so it is critical that public health officials and the general public understand the potential risks of using them.

Can e-cigarettes cause asthma?

Exposure to e-cigarette aerosol may be a trigger for both kids and adults with breathing problems, such as asthma, increasing their risk of severe asthma attacks. In Minnesota, kids with asthma who are exposed to e-cigarette aerosol are more likely to report symptoms than those not exposed, such as coughing, wheezing, shortness of breath, or chest pain. 11

Is it safe to smoke e-cigarettes?

E-cigarettes are not safe for youth. Nearly all e-cigarettes contain nicotine. 5 Nicotine is highly addictive and can harm the developing adolescent brain. 1, 6, 7 Because the brain is still developing until about age 25, youth and young adult exposure to nicotine can lead to addiction and disrupt attention and learning.

Can you quit smoking with an e-cigarette?

E-cigarettes are not FDA-approved smoking quitting aids, and they are not proved to help people quit. Free quitting medications and counseling are available to all Minnesotans by visiting Quit Partner or by calling 1-800-QUIT-NOW (784-8669).

Is vapor a cigarette?

Similar to smoke and secondhand smoke from cigarettes and other tobacco products, aerosol from e-cigarettes (often called vapor) contains harmful and potentially harmful constituents, such as ultrafine particles, heavy metals like nickel, tin, and lead, and other cancer-causing chemicals. 1

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

§ 144.413 (4) (2021)) and prohibited in all public places, including places of employment and public transportation, day care and health facilities, government owned or operated buildings, facilities owned by Minnesota State Colleges and Universities, the University of Minnesota, facilities licensed by the commissioner of human services and those licensed by the commissioner of health (with some exceptions) ( Minn. Stat. § 144.414 (2021) ); and public and charter schools and any facility or vehicle owned, rented or leased by a school district ( Minn. Stat. § 144.4165 (2021) ).

What is a nicotine solution?

§ 609.685 (1) (c) (2021) Nicotine solution products means “any cartridge, bottle or other package that contains nicotine, including nicotine made or derived from tobacco or sources other than tobacco, that is in a solution that is consumed, or meant to be consumed, through the use of a heating element, power source, electronic circuit, ...

What is the age limit for false identification in Minnesota?

Use of false identification. A person under the age of 21 years who purchases or attempts to purchase tobacco, tobacco-related devices, or electronic delivery devices and who uses a driver's license, permit, Minnesota identification card, or any type of false identification to misrepresent the person's age, shall only be subject to an alternative ...

What is tobacco exclusion?

Tobacco excludes any drugs, devices, or combination products, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration.

What is the penalty for selling or furnishing tobacco?

Penalty to sell or furnish. (a) Any person 21 years of age or older who sells, gives, or otherwise furnishes tobacco, tobacco-related devices, or electronic delivery devices to a person under the age of 21 years is guilty of a petty misdemeanor for the first violation.

Is vaping popular among teenagers?

In the past five years, vaping has become increasingly popular among teenagers. Teens often consider vaping aerosols different than smoking combustible products so asking a teenager if they smoke is not sufficient in identifying if there is a vaping concern.

Is vaping a coping mechanism?

Identifying undertreated anxiety or depression is also important. It is not uncommon for teens to endorse vaping as a coping mechanism for stress.

Does vaping cause lung injury?

E-cigarette or Vaping Product Use- Associated Lung Injury (EVALI) is thought to be associated primarily with THC- based illicit vaping products and likely the presence of Vitamin E acetate. Symptoms of EVALI have been well described. Initial fever, loss of appetite, gastrointestinal distress and cough are common, but dyspnea upon mild exertion is also quite prevalent.

Is it easy to quit vaping?

Quitting vaping isn’t easy, that’s why Dr. Anne Griffiths, pediatric pulmonologist and vaping expert at Children’s Minnesota, is sharing how parents can help their kids quit vaping and e-cigarette usage this year.

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 ).

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 was vaping invented?

Vaping was introduced to the mass market in the U.S. in 2007 and has grown in popularity ever since. Vaping devices are not just classified as e-cigarettes; they also include personal vaporizers, known as mods and vape pens. A standard vaping device consists of a mouthpiece, a battery, a cartridge containing e-liquid and a heating component powered by a battery. When you turn on the invention, the battery will heat the coils, which turns the e-liquid into vapor which enters into the lungs and exhaled.

What is the practice of inhaling and exhaling the vapor produced from electronic cigarettes?

Vaping is the practice of inhaling and exhaling the vapor produced from electronic cigarettes or a similar device. People use this term because e-cigarettes do not expel tobacco smoke. E-cigarettes provide something called aerosol; this is sometimes mistaken for water vapor and consists of fine particles.

Is vaping legal under 18?

Vaping is illegal under 18. These laws can also vary from state to state. Some states have raised the age of 21. Some states let minors use e-cigarettes or vaporizers in the presence of a parent or legal guardian. Many places allow public vaping, but some do not by applying restrictions and regulations. Most states even recognize vaping as a tobacco-related product, also if there isn’t any tobacco and nicotine at use. There are a few loopholes when it comes to the restrictions of a minor vaping. The law still states that all states have explicit language prohibiting the sale or distribution of these products to a minor.

What is the age limit for selling tobacco?

It is an affirmative defense to the charge of selling tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products to a person under the age of 18 21 years in violation of subdivision 2 or 3 that the licensee or individual making the sale relied in good faith upon proof of age as described in section 340A.503, subdivision 6.

How old do you have to be to sell tobacco products?

At each location where tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products are sold, the licensee shall display a sign in plain view to provide public notice that selling any of these products to any person under the age of 21 is illegal and subject to penalties. The notice shall be placed in a conspicuous location in the licensed establishment and shall be readily visible to any person who is purchasing or attempting to purchase these products. The sign shall provide notice that all persons responsible for selling these products must verify, by means of photographic identification containing the bearer's date of birth, the age of any person under 30 years of age.

What is a tobacco products shop?

For the purposes of this subdivision, a tobacco products shop is a retail establishment that has an entrance door opening directly to the outside, that cannot be entered at any time by persons younger than 21 years of age, and that derives more than 90 percent of its gross revenue from the sale of tobacco, toba cco-related devices, and electronic delivery devices , as defined in section 609.685, and in which the sale of other products is merely incidental. "Tobacco products shop" does not include a tobacco department or section of any individual business establishment with any type of liquor, food, or restaurant license.

How long does a Minnesota liquor license suspension last?

The commissioner shall suspend for a period of 90 days the license of a person who: (1) is under the age of 21 years and is convicted of purchasing or attempting to purchase an alcoholic beverage in violation of section 340A.503 if the person used a license, Minnesota identification card, or any type of false identification to purchase ...

Can a license violation be imposed by mail?

No penalty may be imposed until the individual has received notice, served personally or by mail, of the alleged violation and an opportunity for a hearing before a person authorized by the licensing authority to conduct the hearing. A decision that a violation has occurred must be in writing.

Can you sell tobacco products in a vending machine?

No person shall sell tobacco products, electronic delivery devices, or nicotine or lobelia delivery products from vending machines. This subdivision does not apply to vending machines in facilities that cannot be entered at any time by persons younger than 18 under the age of 21 years of age.

How many 11th graders use e-cigarettes?

8th grade e-cigarette use nearly doubled from 2016 to 2019, and one in four 11th graders now use e-cigarettes. 2. Additionally, nearly 6 percent of adults currently use e-cigarettes, compared to less than 2 percent in 2010; and, nearly 13 percent of adults age 18-24 use e-cigarettes. 3 The use of multiple tobacco products – dual use – is common: 37 ...

What is the most commonly used tobacco product among youth?

E-cigarettes are the most commonly used commercial tobacco product among youth, 1 so it is critical that public health officials and the general public understand the potential risks of using them.

Can e-cigarettes cause asthma?

Exposure to e-cigarette aerosol may be a trigger for both kids and adults with breathing problems, such as asthma, increasing their risk of severe asthma attacks. In Minnesota, kids with asthma who are exposed to e-cigarette aerosol are more likely to report symptoms than those not exposed, such as coughing, wheezing, shortness of breath, or chest pain. 11

Is it safe to smoke e-cigarettes?

E-cigarettes are not safe for youth. Nearly all e-cigarettes contain nicotine. 5 Nicotine is highly addictive and can harm the developing adolescent brain. 1, 6, 7 Because the brain is still developing until about age 25, youth and young adult exposure to nicotine can lead to addiction and disrupt attention and learning.

Can you quit smoking with an e-cigarette?

E-cigarettes are not FDA-approved smoking quitting aids, and they are not proved to help people quit. Free quitting medications and counseling are available to all Minnesotans by visiting Quit Partner or by calling 1-800-QUIT-NOW (784-8669).

Is vapor a cigarette?

Similar to smoke and secondhand smoke from cigarettes and other tobacco products, aerosol from e-cigarettes (often called vapor) contains harmful and potentially harmful constituents, such as ultrafine particles, heavy metals like nickel, tin, and lead, and other cancer-causing chemicals. 1

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Youth E-Cigarette Use Is A Public Health threat.

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Among Minnesota students, e-cigarettes are used at five times the rate of conventional cigarettes.2 8th grade e-cigarette use nearly doubled from 2016 to 2019, and one in four 11th graders now use e-cigarettes.2 Additionally, nearly 6 percent of adults currently use e-cigarettes, compared to less than 2 percent in 2…
See more on health.state.mn.us

E-Cigarette Aerosol Contains Harmful Chemicals.

  • Similar to smoke and secondhand smoke from cigarettes and other tobacco products, aerosol from e-cigarettes (often called vapor) contains harmful and potentially harmful constituents, such as ultrafine particles, heavy metals like nickel, tin, and lead, and other cancer-causing chemicals.1
See more on health.state.mn.us

E-Cigarettes Are Not Proven to Help People Quit Smoking.

  • E-cigarettes are not FDA-approved smoking quitting aids, and they are not proved to help people quit. Free quitting medications and counseling are available to all Minnesotans by visiting Quit Partneror by calling 1-800-QUIT-NOW (784-8669). For more free quit smoking resources visit www.health.mn.gov/quit. Download this information: E-cigarettes and Vaping (PDF) Quick Card f…
See more on health.state.mn.us

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References

  1. U.S. Department of Health and Human Services, E-Cigarette Use Among Youth and Young Adults. A Report of the Surgeon General. 2016, U. S. Department of Health and Human Services, Centers for Disease...
  2. Health, M.D.o., et al., Minnesota Student Survey. 2019.
  3. Health, C.M.a.t.M.D.o., Tobacco Use in Minnesota: 2018.2018.
  1. U.S. Department of Health and Human Services, E-Cigarette Use Among Youth and Young Adults. A Report of the Surgeon General. 2016, U. S. Department of Health and Human Services, Centers for Disease...
  2. Health, M.D.o., et al., Minnesota Student Survey. 2019.
  3. Health, C.M.a.t.M.D.o., Tobacco Use in Minnesota: 2018.2018.
  4. ClearWay Minnesota and the Minnesota Department of Health, Minnesota Adult Tobacco Survey. 2014.

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