Vaping FAQs

is vaping illegal in virginia

by Prof. Brady Rosenbaum MD Published 2 years ago Updated 1 year ago
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Sale/distribution of nicotine vapor products to persons under age 21 prohibited (unless person is active duty military 18 years of age or older). Purchase/possession of nicotine vapor product by person under age 21 prohibited (unless person is active duty military 18 years of age or older).

Full Answer

What are the laws about vaping?

Vaping products are relatively new and the government has recently passed a law that better regulates vaping. The Smokefree Environments and Regulated Products Act 1990 came into force on 11 November 2020.

Is FDA banning vaping?

The Food and Drug Administration (FDA) seems intent on banning nearly all of the nicotine vaping products currently available in the United States, even though it acknowledges their harm-reducing...

What are new vaping laws?

New vaping laws to kick in from October From 1 October 2021 you will need a prescription from a doctor to use vaping products, such as nicotine e-cigarettes, nicotine pods and liquid nicotine, Learn more about the changes and what you’ll need to do.

How old do you have to be to vape?

In the nations that regulate e-cigarettes, the legal age to buy them is usually the same age at which citizens are considered adults. In most countries, that age is 18, but it varies, as we will see. In the United States—the largest vaping market in the world—the legal vaping age is now 21. What is the legal age to buy vapes in the U.S.?

What is vaping?

Where to contact Virginia Department of Health?

Do I need to worry about second-hand exposure to vaping?

What is in a vape cartridge?

Can you vape with nicotine?

Can vaping cause a sore throat?

Is vaping fluid safe for children?

See 4 more

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Is vaping allowed indoors in Virginia?

Virginia's Clean Indoor Air Act has not been amended to prohibit the use of vapor products where smoking is prohibited.

Can you buy flavored Vapes in Virginia?

1. That the Code of Virginia is amended by adding in Article 1 of Chapter 10 of Title 58.1 a section numbered 58.1-1017.5 as follows: § 58.1-1017.5. Sale or distribution of flavored tobacco products prohibited; civil penalty.

Can you buy a vape at 18 in Virginia?

A person may not sell to, distribute to, purchase for, or permit the purchase of any tobacco, nicotine vapor, or alternative tobacco product to anyone under the age of 21. Also, no one under the age of 21 may purchase, use or possess any tobacco, nicotine vapor, or alternative tobacco product.

Is smoking a vape inside illegal?

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 is age for vaping?

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.

Should I vape or smoke cigarettes?

Vaping is less harmful and cheaper than smoking, and can have a similar feel. Smoking is bad for your health as the toxins produced by burning tobacco cause smoking-related illnesses. The majority of health benefits are seen when you stop smoking completely.

Is it illegal to vape in a car with a child?

“'There are no laws prohibiting vaping – however, you need to be in full and proper control of your vehicle at all times.” Driving with your vision obscured by vapour could leave you open to a charge of driving without due care and attention – and worse should you cause an accident.

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.

How old do you have to be in VA to buy a lighter?

Can you buy a lighter under the age of 18? What is this? As mentioned, you may purchase a lighter or matches regardless of age. The reason for that is the FDA does not consider lighters or matches as tobacco products, meaning there are no regulations on the items.

Do vapes set off smoke alarms?

Vaping shouldn't generally trigger a smoke or fire alarm, but it does happen sometimes. Most smoke alarms may well be completely fine with you vaping around them, but if you happen across one which detects the particle change or broken light beam means you are going to hear that ringing bell.

Is vaping 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 I vape in my house?

If you vape or allow other people to vape in your home, over time it could pose a risk to your air ducts, which does impact your air quality. Vaping isn't harmless, as manufacturers would want you to believe, and you should do everything you can to limit your exposure.

What states ban flavored Vapes?

U.S. bans on flavored vapes and online salesArkansas – online sales ban. ... California – flavor ban (on hold until 2022) ... Maine – online sales ban. ... Massachusetts – flavor ban. ... New Jersey – flavor ban. ... New York – flavor ban + online sales ban. ... Oregon – online sales ban. ... Rhode Island – flavor ban.More items...•

Can you still buy flavored vape juice?

The new Food and Drug Administration policy only prohibits flavors, with an exemption for the popular flavor menthol, in e-cigarette products that use closed-system e-liquid cartridges.

What flavor is JUUL Virginia tobacco?

Rich tobacco flavor with earthy notes and a smooth finish. Each JUULpod contains ~0.7mL with 5.0% (59 mg/mL) nicotine by weight.

Can you buy nicotine at 18 if you're in the military?

Members of active duty military who are at least 18 years of age may continue to purchase tobacco products so long as they present valid military identification.

E-Cigarette Regulations - Virginia | Public Health Law Center

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

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

eLiquid must be sold in a child-resistant container (except sealed, pre-filled cartridges not intended to be opened by consumer). 1 The sale and/or distribution of nicotine vapor products to persons under age 21 is prohibited. 2 The purchase and/or possession of nicotine vapor product by persons under age 21 is prohibited. 3 Vaping is prohibited on Virginia Railway Express trains and limited ...

Home - Virginia Department of Health

Home - Virginia Department of Health

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.

Lung Injury Associated with E-Cigarette Use - VDHLiveWell

Summary Many states are investigating cases of patients with severe lung injury associated with e-cigarette product use or “vaping.” E-cigarettes are devices that heat a liquid to produce an aerosol that users inhale into their lungs. The liquid can contain nicotine, tetrahydrocannabinol (THC) and cannabinoid oils, and other substances and additives. To date, more than […]

What is vaping?

Vaping is the inhalation of aerosol generated by an e-cigarette or other vaping device. The design of vaping devices varies from a small tube similar to a cigarette to pen-like devices to larger hand-held devices. They contain an inhaler or cartridge, an atomizer, and a battery compartment. The cartridge contains a liquid solution of primarily propylene glycol, glycerin, flavorings, and nicotine. Different products will contain nicotine at different concentrations, and some vape fluid is nicotine-free. The atomizer heats the solution to vaporize it, and the mist is inhaled.

Where to contact Virginia Department of Health?

If you need further information regarding the health effects of vaping, please contact the Virginia Department of Health, Office of Environmental Health Services, 109 Governor Street, 5th Floor, Richmond, VA 23219, or call (804) 864-8182. You may also call your local health department if you have questions or concerns about vaping.

Do I need to worry about second-hand exposure to vaping?

It is not known currently what the health risks of second-hand e-cigarette vapors might be to sensitive people such as babies and children. To reduce their risk of exposure, do not vape or allow others to vape around babies and children.

What is in a vape cartridge?

The cartridge contains a liquid solution of primarily propylene glycol, glycerin, flavorings, and nicotine. Different products will contain nicotine at different concentrations, and some vape fluid is nicotine-free. The atomizer heats the solution to vaporize it, and the mist is inhaled.

Can you vape with nicotine?

Some only reported vaping nicotine-containing products. Because there is no quality control and the full ingredients are unknown, VDH recommends that people who vape only use commercial cartridges and not purchase cartridges that are refilled or sold on the secondary market.

Can vaping cause a sore throat?

While long-term effects are not well-understood, in the short-term people who vape may experience sore throat and mouth. In 2019, there was an outbreak of a lung disease associated with vaping. Most people affected had vaped THC-containing cartridges, usually purchased on the black market.

Is vaping fluid safe for children?

Nicotine is toxic, and if vaping fluid is ingested children could receive a fatal dose. Vaping fluid should be stored out of the reach of children.

What is an e-cigarette?

How does the state define an e-cigarette? Nicotine vapor product means “any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form ...

What is liquid nicotine?

Liquid nicotine means “a liquid or other substance containing nicotine in any concentration that is sold, marketed, or intended for use in a nicotine vapor product.”. Va. Code Ann. §§ 58.1-1021.01; 59.1-293.10 (2021) Liquid nicotine container means “a bottle or other container holding liquid nicotine in any concentration [except containers] ...

Who issues summons for alcohol in Virginia?

H. Agents of the Virginia Alcoholic Beverage Control Authority designated pursuant to § 4.1-105 may issue a summons for any violation of this section.

What is the age limit for smoking in the military?

The provisions of subsections B and C shall not apply to the sale, giving, or furnishing of any tobacco product, nicotine vapor product, alternative nicotine product, or hemp product intended for smoking to any active duty military personnel who are 18 years of age or older. An identification card issued by the Armed Forces of the United States shall be accepted as proof of age for this purpose.

How old do you have to be to sell a tobacco product?

No person shall sell a tobacco product, nicotine vapor product, alternative nicotine product, or hemp product intended for smoking to any individual who does not demonstrate, by producing a driver's license or similar photo identification issued by a government agency, that the individual is at least 21 years of age.

What is the age limit for possession of tobacco products?

B. No person less than 21 years of age shall attempt to purchase, purchase, or possess any tobacco product, nicotine vapor product, alternative nicotine product, or hemp product intended for smoking. The provisions of this subsection shall not be applicable to the possession of tobacco products, nicotine vapor products, alternative nicotine products, or hemp products intended for smoking by a person less than 21 years of age (i) making a delivery of tobacco products, nicotine vapor products, alternative nicotine products, or hemp products intended for smoking in pursuance of his employment or (ii) as part of a scientific study being conducted by an organization for the purpose of medical research to further efforts in cigarette and tobacco use prevention and cessation and tobacco product regulation, provided that such medical research has been approved by an institutional review board pursuant to applicable federal regulations or by a research review committee pursuant to Chapter 5.1 (§ 32.1-162.16 et seq.) of Title 32.1. This subsection shall not apply to purchase, attempt to purchase, or possession by a law-enforcement officer or his agent when the same is necessary in the performance of his duties.

How old do you have to be to smoke hemp?

Prohibiting purchase or possession of tobacco products, nicotine vapor products, alternative nicotine products, and hemp products intended for smoking by a person under 21 years of age or sale of tobacco products, nicotine vapor products, alternative nicotine products, and hemp products intended for smoking to persons under 21 years of age.

How much is a violation of subsection B?

A violation of subsection B is punishable by a civil penalty not to exceed $100 for a first violation and a civil penalty not to exceed $250 for a second or subsequent violation. A court may, as an alternative to the civil penalty, and upon motion of the defendant, prescribe the performance of up to 20 hours of community service for a first violation of subsection B and up to 40 hours of community service for a second or subsequent violation. If the defendant fails or refuses to complete the community service as prescribed, the court may impose the civil penalty. Upon a violation of subsection B, the judge may enter an order pursuant to subdivision A 9 of § 16.1-278.8.

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

No person shall sell to, distribute to, purchase for, or knowingly permit the purchase by any person less than 21 years of age, knowing or having reason to believe that such person is less than 21 years of age, any tobacco product, nicotine vapor product, alternative nicotine product, or hemp product intended for smoking.

Vaping and Lung Disease

Recently CDC has started investigating 450 possible cases across multiple states of a lung disease associated with vaping. As of September 5, six confirmed cases have been reported in Virginia. Information on this illness in Virginia can be found on the Virginia Department of Health page on Severe Lung Illness Associated with Vaping.

THC Oil and Vaping

THC is a chemical in marijuana that is the primary cause of the “high” people get after smoking or ingesting marijuana. It can be extracted from the marijuana plant and formulated for vaping. THC is currently illegal to possess in the state of Virginia.

Did THC oil cause these illnesses?

We don’t have enough information yet to say if vaping THC oil was the cause of these illnesses. The people who have become ill used a variety of commercial products, and only some of them report vaping THC.

What should I do?

We recommend that people who do not currently use tobacco products should not start vaping, and that people should not vape controlled substances due to the risk to health. The CDC recommends that people who are currently using e-cigarettes should consider stopping while the investigation is ongoing.

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) ).

What cities have banned vaping?

Localities with vaping bans that include all bars and restaurants (7 total): Abbeville, banned in all enclosed workplaces, including bars and restaurants. Cheneyville, banned in all enclosed workplaces, including bars and restaurants. Hammond, banned in all enclosed workplaces, including bars and restaurants.

When was vaping banned in Madison?

Daphne, August 18, 2014 banned in enclosed facilities owned, operated or leased by the city, including vehicles; vaping can also be prohibited where there is an owner, operator, manager, or other person having control of a place meeting certain criteria. Madison, November 24, 2014, banned in all city buildings.

What is a pictogram for vaping?

A pictogram used to denote a vaping ban. The following is a list of vaping bans in the United States. For federal regulation concerning the legal status of the sale of electronic cigarettes products in and outside the United States, see the worldwide regulation of electronic cigarettes .

Which cities are banned in all enclosed workplaces?

Danville, banned in all enclosed workplaces, including bars and restaurants, as well as within ten feet of the entrance of any such place. Glasgow, banned in bars and restaurants, but not all other workplaces. Lexington, banned in all enclosed workplaces, including bars and restaurants.

Which cities are banned in bars and restaurants?

Lakewood, banned in all enclosed workplaces, including bars and restaurants. Littleton, banned in bars and restaurants, but not other workplaces. Louisville, banned in bars and restaurants, but not other workplaces.

When was Anniston banned?

Anniston, July 1, 2013, banned in all enclosed workplaces, including bars and restaurants

Why are e-cigarettes banned?

This is because of their potential for non-users to be exposed to chemicals and e-cigarette aerosol in indoor areas.

Vaping Age In West Virginia

What is the legal vaping age in West Virginia? The legal vaping age in West Virginia is 21 years old. If you are younger than 21 it is strictly prohibited to vape in the state of West Virginia.

Buying A Vape In West Virginia

How old do you have to be to buy a vape in West Virginia? You have to be 21 or older to buy a vape in West Virginia. This is due to a new law that passed in 2019 regarding the minimum age requirement to vape.

Vaping Indoors In West Virginia

Can you vape indoors in West Virginia? Yes, you can vape indoors in West Virginia. West Virginia’s clean indoor air Act has not been amended with the exception of certain municipalities.

Vaping In Public Places In West Virginia

Can you vape in public places in West Virginia? Yes, you can vape in public places in West Virginia.

Vaping While Driving In West Virginia

Is it legal to vape and drive in West Virginia? Yes, it is legal to vape and drive in West Virginia. However one needs to be careful and be able to drive without putting his own or others’ lives in danger.

Juul Pods In West Virginia

What is the minimum age to buy Juul pods in West Virginia? The minimum age to buy Juul pods in West Virginia is 21 years old. If you are younger than 21 it is illegal to purchase any type of e-cigarette.

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 vaping?

Vaping is the inhalation of aerosol generated by an e-cigarette or other vaping device. The design of vaping devices varies from a small tube similar to a cigarette to pen-like devices to larger hand-held devices. They contain an inhaler or cartridge, an atomizer, and a battery compartment. The cartridge contains a liquid solution of primarily propylene glycol, glycerin, flavorings, and nicotine. Different products will contain nicotine at different concentrations, and some vape fluid is nicotine-free. The atomizer heats the solution to vaporize it, and the mist is inhaled.

Where to contact Virginia Department of Health?

If you need further information regarding the health effects of vaping, please contact the Virginia Department of Health, Office of Environmental Health Services, 109 Governor Street, 5th Floor, Richmond, VA 23219, or call (804) 864-8182. You may also call your local health department if you have questions or concerns about vaping.

Do I need to worry about second-hand exposure to vaping?

It is not known currently what the health risks of second-hand e-cigarette vapors might be to sensitive people such as babies and children. To reduce their risk of exposure, do not vape or allow others to vape around babies and children.

What is in a vape cartridge?

The cartridge contains a liquid solution of primarily propylene glycol, glycerin, flavorings, and nicotine. Different products will contain nicotine at different concentrations, and some vape fluid is nicotine-free. The atomizer heats the solution to vaporize it, and the mist is inhaled.

Can you vape with nicotine?

Some only reported vaping nicotine-containing products. Because there is no quality control and the full ingredients are unknown, VDH recommends that people who vape only use commercial cartridges and not purchase cartridges that are refilled or sold on the secondary market.

Can vaping cause a sore throat?

While long-term effects are not well-understood, in the short-term people who vape may experience sore throat and mouth. In 2019, there was an outbreak of a lung disease associated with vaping. Most people affected had vaped THC-containing cartridges, usually purchased on the black market.

Is vaping fluid safe for children?

Nicotine is toxic, and if vaping fluid is ingested children could receive a fatal dose. Vaping fluid should be stored out of the reach of children.

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