Vaping FAQs

is vaping illegal for minors in nj

by Cynthia Schaefer Published 2 years ago Updated 1 year ago
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If you are under 21 years old, you cannot legally vape in New Jersey. However, you can purchase a vaping device at 18 but cannot legally vape. You must turn 21 to legally vape in New Jersey.

What restrictions are in place for retail or youth access? Sale/distribution of electronic smoking device to person under age 21 prohibited. Advertising electronic cigarettes prohibited on NJ Transit. Container e-liquids may only be sold at retail by licensed specialty vapor businesses.

Full Answer

Is vaping legal in New Jersey?

Yes, you can legally vape under New Jersey state law. You must be aware of the restrictions in place, though. There are state laws in place that regulate the use of vapes across the state. Make sure you familiarize yourself with these laws before considering vaping. What is the legal vaping age in New Jersey?

Should teens under 21 be allowed to vape in South Jersey?

This legislation follows on the heels of Evesham Township, which established an ordinance last year banning those under 18 from possessing e-cigarettes in the South Jersey town. Morris Township recently introduced an ordinance that would ban those under the age of 21 from vaping.

Did New Jersey just ban flavored e-cigarettes?

New Jersey just banned flavored e-cigarettes. New Jersey became the first state to permanently ban the sale and distribution of flavored vaping products amid a national health crisis that has killed 60 people. The law ( S3265) comes after Murphy established a task force on vaping last fall.

Is it legal to vape in school in Florida?

Florida Vaping Laws: Florida does not define e-cigarettes as tobacco products. While the sale and possession of any products that contain nicotine to anyone under 18 are illegal, minors can possess nicotine-free vape pens. Many schools ban the possession of all vape pens and accessories.

When did e-cigarettes increase in New Jersey?

How many kids start vaping every day?

Can you vape with e-cigarettes?

Is THC a vaping product?

Can e-cigarettes be harmful?

Can you use THC in an e-cigarette?

Can children be poisoned by e-cigarettes?

See 4 more

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What is the legal age to vape in NJ?

21New Jersey is the third state in the nation to raise the smoking-purchase age to 21 following Hawaii and California. Your participation in raising awareness of the new legal age requirement is important. Please post the “Tobacco Age of Sale” sign in a public area to help inform people about the new law.

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.

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.

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.

Is it OK for a 16 year old to vape?

The use of e-cigarettes is unsafe for kids, teens, and young adults. Most e-cigarettes contain nicotine. Nicotine is highly addictive and can harm adolescent brain development, which continues into the early to mid-20s. E-cigarettes can contain other harmful substances besides nicotine.

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.

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.

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 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 you vape at 14?

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.

Is vaping legal for under 18?

Prohibits the sale of vaping products including non-nicotine vape liquid and toy vaping products to anyone under the age of 18 years. Prohibits the supply of vaping products directly or indirectly to anyone under the age of 18 years.

Can a 13 year old use a nicotine free vape?

The sale and possession of any products that contain nicotine (“alternative nicotine products”) are illegal, but minors can possess nicotine-free vape pens.

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

Violators may be fined up to $100. Exceptions apply if the minor is in possession or receipt of cigarette, e-cigarette, or tobacco products – while in the presence of an employer – in the performance of required job duties as an employee or in the course of supervised law enforcement activities.

E-Cigarette Regulations - New Jersey | Public Health Law Center

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

Flavored vaping products will soon be banned in N.J. as Murphy signs ...

Flavored vaping products, which critics say attract teens and get them hooked on nicotine, will soon be banned in New Jersey.

Vaping Laws in New Jersey + Calls to Action - CASAA

Liquid nicotine must be sold in child-resistant containers. 1 It is unlawful to sell or give tobacco in any form or vapor products to persons under 21 years of age. 1 The advertising of vapor products prohibited on NJ Transit. 1 New Jersey’s Smoke-Free Air Act has been amended (with some exceptions) to prohibit the use of vapor products where smoking is prohibited (including parks and beaches.)

New Jersey lawmakers pass bill banning flavored vaping products

New Jersey lawmakers on Monday approved a bill that would ban the sale of flavored vaping products.The bill passed in both the Senate and State Assembly, and now heads to Governor Phil Murphy, who ...

Department of Health | Tobacco Control | Regulations and Enforcement

TASE is a federally mandated inspection program (administered by the Substance Abuse and Mental Health Services Administration’s Center for Substance Abuse Prevention – SAMHSA-CSAP) to test the NJ law prohibiting sale of tobacco to minors under the age of 18 years.

When did e-cigarettes increase in New Jersey?

The Department saw a sharp increase in e-cigarette use in 2014, when e-cigarettes surpassed traditional cigarettes among New Jersey high school students. In 2016, rates of e-cigarette use remained higher than traditional cigarettes.

How many kids start vaping every day?

If You Don't Protect Your Kids From Vaping,Who Will? Over 5,700 kids start vaping every day. Misconceptions, peer pressure and marketing tactics all contribute to the staggering rise. Talk to your kids about e-cigarettes while they're still willing to listen.

Can you vape with e-cigarettes?

E-cigarettes can also be used to deliver marijuana and other drugs. Women who are pregnant, youth, young adults, or adults who are not currently using tobacco products should not start vaping or using e-cigarettes. Source: Centers for Disease Control and Prevention.

Is THC a vaping product?

No single product has been implicated. Patients have reported high variability in substances/products they used in vaping, including both tobacco and tetrahydrocannabinol (THC) containing products as well as other products.

Can e-cigarettes be harmful?

The e-cigarette aerosol that users breathe from the device and exhale can contain harmful and potentially harmful substances.

Can you use THC in an e-cigarette?

CDC continues to recommend that people should not use e-cigarette, or va ping, products that contain THC, particularly from informal sources like friends, or family, or in-person or online dealers.

Can children be poisoned by e-cigarettes?

Children and adults have been poisoned by swallowing, breathing, or absorbing e-cigarette liquid through their skin or eyes.

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

Use of electronic smoking device included in definition of “smoking” ( N.J. Stat. §§ 26:3D-57 ), and prohibited in same spaces smoking prohibited, including: indoor public places, workplaces, public parks and beaches ( 26:3D-58); with some exceptions ( 26:3D-59); and restricted in lodging establishments ( 26:3D–60) (2021).

What is a vapor product?

N.J. Stat. § 2A:170-51.9 (a) (3) (2021) Vapor product means “any non-combustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, to produce vapor from nicotine in a solution or any form [including] any electronic cigarette, ...

What is liquid nicotine?

Liquid nicotine means “any solution containing nicotine that is designed or sold for use with an electronic smoking device.”. N.J. Stat. § 54:40B-2 (2021) Container e-liquid means “a container of liquid nicotine or other liquid where the liquid is marketed, sold, or intended for use in an electronic smoking device, ...

What is a liquid nicotine container?

§ 2A:170-51.9 (a) (2) (2021) Liquid nicotine container means “a bottle or other container of liquid, wax, gel, or other substance containing nicotine, where the liquid or other contained substance is sold, marketed or intended for use in a vapor product [but] does not include [containers] prefilled and sealed by the manufacturer [and] ...

What is an electronic smoking device?

Electronic smoking device means “an electronic device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, or pipe.”.

Can you sell e-liquid at retail?

Container e-liquids may only be sold at retail by licensed specialty vapor businesses. Discounted sales of vapor products (including through coupons and rebates) prohibited. Discounted sales or distribution of flavored vapor products prohibited.

What is the NJ code for nicotine?

NJ Code 2A:170-51.9 - Explains restrictions, violations, and penalties regarding the sale and distribution of liquid nicotine.

How much is the penalty for selling tobacco in New Jersey?

New Jersey law states: A PERSON WHO SELLS OR OFFERS A TOBACCO PRODUCT TO A PERSON UNDER 21 YEARS OF AGE SHALL PAY A PENALTY OF UP TO $1,000 AND MAY BE SUBJECT TO A LICENSE SUSPENSION OR REVOCATION. PROOF OF AGE MAY BE REQUIRED FOR PURCHASE. -N.J. Stat. 54:40A-4.1

What is the FDA tobacco compliance program?

FDA Tobacco Compliance Check Inspection Program. To protect the health of future generations, the U.S. Food and Drug Administration (FDA) partners with states to closely monitor retailer compliance with Federal tobacco laws and regulations and takes corrective action when violations occur.

What is the smoke free air act in New Jersey?

New Jersey's Smoke-Free Air Act of 2006 ensures that workers have a safe, smoke-free workplace and that all nonsmokers -- including children and senior citizens -- can breathe smoke-free air in public places.

Why is the New Jersey law important?

The law is an important part of New Jersey’s effort to eliminate tobacco use as one of our most significant public health threats, reduce smoking-related illnesses and save lives for generations to come.

Is second hand smoke a health hazard?

Secondhand smoke is a serious health hazard that can lead to illness and premature death in children and non-smoking adults, according to the U.S. Surgeon General. As New Jersey’s Smoke-Free Air Act states, it is clearly in the public interest to prohibit smoking in enclosed indoor spaces.

Which state banned vaping?

New Jersey became the first state to permanently ban the sale and distribution of flavored vaping products amid a national health crisis that has killed 60 people. The law ( S3265) comes after Murphy established a task force on vaping last fall. It’s the flavors, some say, that get kids hooked on nicotine.

What is a gig in New Jersey?

A package of new laws aim to protect the rights of self-employed — or “gi g” — workers like truckers and freelance writers in New Jersey and require the companies that hire them pay their share of payroll taxes.

Does New Jersey have a health insurance marketplace?

A package of new laws will enshrine key tenets of the federal Affordable Care Act into state law, giving New Jersey the authority to operate its own insurance marketplace and protect people with pre-existing conditions from losing coverage.

Is realistic gun legal in New Jersey?

Realistic toy guns are now banned in New Jersey under this law ( A4260 ).

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 e-cigarettes increase in New Jersey?

The Department saw a sharp increase in e-cigarette use in 2014, when e-cigarettes surpassed traditional cigarettes among New Jersey high school students. In 2016, rates of e-cigarette use remained higher than traditional cigarettes.

How many kids start vaping every day?

If You Don't Protect Your Kids From Vaping,Who Will? Over 5,700 kids start vaping every day. Misconceptions, peer pressure and marketing tactics all contribute to the staggering rise. Talk to your kids about e-cigarettes while they're still willing to listen.

Can you vape with e-cigarettes?

E-cigarettes can also be used to deliver marijuana and other drugs. Women who are pregnant, youth, young adults, or adults who are not currently using tobacco products should not start vaping or using e-cigarettes. Source: Centers for Disease Control and Prevention.

Is THC a vaping product?

No single product has been implicated. Patients have reported high variability in substances/products they used in vaping, including both tobacco and tetrahydrocannabinol (THC) containing products as well as other products.

Can e-cigarettes be harmful?

The e-cigarette aerosol that users breathe from the device and exhale can contain harmful and potentially harmful substances.

Can you use THC in an e-cigarette?

CDC continues to recommend that people should not use e-cigarette, or va ping, products that contain THC, particularly from informal sources like friends, or family, or in-person or online dealers.

Can children be poisoned by e-cigarettes?

Children and adults have been poisoned by swallowing, breathing, or absorbing e-cigarette liquid through their skin or eyes.

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