Vaping FAQs

is vaping illegal in illinlis

by Margaretta Boehm Published 2 years ago Updated 1 year ago
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Beginning July 1, 2019, Illinois law prohibits the sale of tobacco products, including these products, to people younger than age 21.
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E-cigarette or Vaping Product Use Associated Lung Injury (EVALI)
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Full Answer

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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.

How old do you have to be to vape?

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

Is vaping a tobacco industry?

Is vaping legal in Illinois?

Is it illegal to vape on a train?

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Can you vape in public in Illinois?

Illinois. No statewide vaping ban.

Are vapes illegal in Chicago?

Tobacco flavored disposable vapes with nicotine are still permitted. Vape hardware such as kits, coils, batteries, e-cigarettes, and pods that do not contain e-Liquid are still permitted.

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).

Are flavored vapes illegal 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.

Does vaping count as 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.

Is vaping indoors legal?

Yes, you can vape in public places. There is no law which forbids the use of vaping products in public places. However, rules on the use of e-cigarettes and vape products can be imposed by the setting which you are in.

What age can you buy a vape?

Part of the Food and Drug Administration's 2016 Deeming Rule was a federal ban on the sales of vapor products to those under age 18. By deeming the tobacco-free devices and e-liquids to be tobacco products, they automatically fell under the existing federal restriction on selling tobacco products to minors.

What is the legal age to smoke in IL?

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.

Can I order a vape online under 18?

You must be 21 years old to purchase vapes unless you're in the active military, in which case the age requirement is 18. To order vape products by mail, you must be 21.

Can you buy vapes online in Illinois?

The best deals in Illinois could be found on your trusted vape site. Vape products online are available for anyone ages 21+ to browse through and perchase, it can get confusing at times but we here at Vape Street try to make it simple.

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.

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.

Can you buy vapes online in Illinois?

The best deals in Illinois could be found on your trusted vape site. Vape products online are available for anyone ages 21+ to browse through and perchase, it can get confusing at times but we here at Vape Street try to make it simple.

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.

Is it illegal to own a vape under 21?

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

What is the smoking law in Illinois?

The Smoke-Free Illinois Act (410 ILCS 82; Public Act 095-0017) is a comprehensive anti-smoking law that took effect in Illinois on January 1, 2008 and bans smoking in most buildings and vehicles used by the general public, used as a place of employment, or owned by the government or other public body.

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E-Cigarette Regulations - Illinois | Public Health Law Center

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

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 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)

The latest tally on cases

As of Sept. 5, the Illinois Department of Public Health (IDPH) has confirmed 16 cases where people with a history of vaping were hospitalized with a respiratory illness. There are an additional 26 probable cases in Illinois that are being investigated. In many of these cases, the people ended up in intensive care units, according to the IDPH.

First vaping-related fatality

Illinois officials on Aug. 23 reported what they consider the first death in the nation linked to vaping after the person contracted a serious lung disease. Officials did not release further details, including the identity or location of the person, or what kind of vaping product was used.

Two Illinois cases go public

On Sept. 5, a family from far southwest suburban New Lenox revealed that their 18-year-old daughter nearly died from vaping. Ruby Johnson was driving her daughter Piper to her first year of college when the teen said she couldn’t breathe properly.

Where the Illinois cases have been reported

The IDPH said cases have occurred in Cook, DuPage, Kane, Lake, McHenry and Will countries in the Chicago region; and also in Champaign, DeKalb, Henry, Kendall, Madison, Peoria, St. Clair, Tazewell, Wabash and Winnebago counties.

What we know about the Illinois cases

All the cases involve teens or adults who have used e-cigarettes or other vaping devices. Their ages range between 17-39 years. Some patients were vaping only nicotine, while others were vaping THC-related substances, or both. Patients’ symptoms have included coughing, shortness of breath, chest pain, fatigue, nausea and vomiting.

First signs of trouble

The IDPH began investigating in August after health officials in nearby states reported cases of people with a history of vaping experiencing problems with breathing. Soon after, the IDPH reported the fatal case in Illinois and said it was investigating possible vaping-related illnesses at hospitals around the state.

Vaping and Illinois law

As of July 1, Illinois prohibits the sale of tobacco products, including e-cigarettes and vaping products, to people younger than 21.

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.

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 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) ).

Where is vaping banned?

School buildings, playgrounds, college campuses, childcare facilities, and hospitals are places where vaping is often banned by specific statute. If you work in one of these facilities there is a good chance that you will have no right to vape, even in the absence of a state statute that expressly bans vaping in the workplace.

What states have vaping laws?

Some states include e-cigarettes or vaping in their statutory definition of smoking, tobacco, or nicotine. These states include Colorado, California, Delaware, District of Columbia, Hawaii, Indiana, Maine, Maryland, ...

What is the act of inhaling an aerosol, or vapor, that’s produced by an electronic?

You may not know precisely what it means, but more than likely you’ve at least heard of the term “vaping.”. Vaping is the act of inhaling an aerosol, or vapor, that’s produced by an electronic cigarette ("e-cigarette").

What is the definition of smoking in California?

At the same time, Section 22950.5 of California’s Business and Professions Code defines “smoking” to include “an electronic smoking device that creates an aerosol or vapor, in any manner or any other form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking.”.

What are the rules of vaping?

While the rules surrounding vaping are subject to change, there are two rules of thumb that you should follow: Comply with your employer’s Vaping policy. In general, private employers have broad discretion when it comes to instituting work-related policies.

Is vaping legal at work?

Many states and local governments have banned vaping e-cigarettes at work. In most of the country, workplace smoking is either banned or highly regulated by state law. In states where smoking is permitted at work, it is often limited to a designated area of the work premises and may be illegal within a certain distance of ...

Can an employer ban vaping?

If your employer has banned vaping there is a good chance it is legally entitled to do so by state statute, administrative code, or locally enacted regulations. In addition, remember, your employer is generally entitled to act even when there is no state law or regulation on the books.

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.

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