Vaping FAQs

is vaping legal for minors in florida

by Jeanie Jacobi Published 2 years ago Updated 1 year ago
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In the state of Florida, you must be at least 21 years old to legally purchase a vape. It was previously 18 but was raised to 21 in early October of 2021. This law also applies to the use and it is a criminal offence to be caught using a vape if you are a minor.

THE SALE OF NICOTINE PRODUCTS OR NICOTINE DISPENSING DEVICES TO PERSONS UNDER THE AGE OF 18 IS AGAINST FLORIDA LAW. PROOF OF AGE IS REQUIRED FOR PURCHASE.

Full Answer

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.

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 vapers are affected by Florida’s new vaping laws?

The Governor sided with vape retailers who led an outcry against the law’s restrictions, which would have negatively affected 800,000 Florida vapers and over 5,000 vaping-related jobs. Unlike the previous bill, these new bills have the support of the vaping industry.

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.

When will vaping be banned in Florida?

How old do you have to be to vape in Florida?

How old do you have to be to buy Juul pods in Florida?

Can you vape in Florida?

Is it legal to vape in Florida?

Is vaping legal in Florida?

Can you vape while driving?

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What is the age limit for vaping in Florida?

21A sign must be posted, in a clearly visible area, including messaging that states the point that: SALE OF NICOTINE PRODUCTS OR NICOTINE DISPENSING DEVICES TO PERSONS UNDER THE AGE OF 21 IS AGAINST FLORIDA LAW. PROOF OF AGE IS REQUIRED FOR PURCHASE.

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

You can be charged with possession, a noncriminal violation. You might be punished with 16 hours of community service or a $25 fine. In addition, you may also have to attend a school-approved anti-tobacco program. Your driver's license can also be suspended.

What is Florida law on vaping?

Florida Constitutional Amendment 9 prohibits the use of vaping devices in enclosed indoor workplaces. Exceptions include private residences that are not being used for commercial childcare, adult care, or healthcare; retail tobacco and vape shops; designed smoking guest rooms in hotels; and stand-alone bars.

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 vape legal for minors?

The vape regulation bill lowered the age of individuals allowed to buy and use vapes from 21 to 18. Malacañang has tasked the Department of Trade and Industry to consult with the Food and Drug Administration on how to evaluate the safety of e-cigarettes.

What happens if you get caught with a vape under 21 in Florida?

Florida Vaping Laws Regarding Minors Breaking this law is considered a misdemeanor of the second degree. Penalties may include a maximum fine of $500 and up to 60 days in jail. Committing this offense again within a year of a previous conviction elevates this to a first-degree misdemeanor.

What are the consequences of vaping as a minor?

Using nicotine in adolescence can harm the parts of the brain that control attention, learning, mood, and impulse control. Each time a new memory is created or a new skill is learned, stronger connections – or synapses – are built between brain cells. Young people's brains build synapses faster than adult brains.

Are flavored Vapes legal in FL?

In Florida, the state legislature passed a bill banning e-cigarette flavors.

Are flavored Vapes banned in FL?

But in Florida, the legislature passed a bill banning e-cigarette flavors anyway. The bill would have killed the state's vape shops and denied smokers the most popular alternative to cigarettes. Gov. Ron DeSantis, however, listened to Florida vapers and public health experts and vetoed the bill.

Is there an age limit on vaping?

This also includes vaping products that are 0mg/nicotine free. Retailers found to be selling vaping products to those, underage, can face harsh fines. It is illegal to vape under the age of 18, much like smoking which is restricted to those 18 or above.

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 are the consequences of vaping as a minor?

Using nicotine in adolescence can harm the parts of the brain that control attention, learning, mood, and impulse control. Each time a new memory is created or a new skill is learned, stronger connections – or synapses – are built between brain cells. Young people's brains build synapses faster than adult brains.

Is it illegal to vape and drive Florida?

Is vaping while driving illegal? Basically, the answer is no, but there are situations where vaping could be covered under other driving laws. For example, texting and driving is against the law because it's considered a distraction in some states.

Is it illegal to vape and drive?

Motorists who are distracted by cigarette or vape smoke can be prosecuted for driving without due care and attention. The plume of smoke can hamper a driver's vision and result in an accident.

Is it illegal to vape indoors in Florida?

386.204 Prohibition. —A person may not smoke or vape in an enclosed indoor workplace, except as otherwise provided in s. 386.2045. History.

New Florida vaping, smoking law goes into effect Oct. 1 - WPBF

A new law will raise the state’s legal age to vape and smoke tobacco from 18 to 21, a threshold that already exists in federal law.

FL raised legal age to smoke, vape to 21 – some are unhappy - Bay News 9

Gov. Ron DeSantis signed a measure last week that raises the age to buy tobacco and nicotine products from 18 to 21. The bill received strong support from both sides of the political aisle in the ...

What is an e-cigarette?

How does the state define an e-cigarette? Nicotine dispensing device means “any product that employs an electronic, chemical, or mechanical means to produce vapor from a nicotine product, including, but not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product, ...

Is vapor generated electronic device allowed in enclosed indoor workplaces?

Use of vapor-generating electronic devices are prohibited in enclosed indoor workplaces, except private residences when not in use as child, adult or health care facilities, with some exceptions. Fla. Const. Art.

What is the legal age to vape in Florida?

Vaping bill that raises legal age in Florida from 18 to 21 headed to governor. The Florida House on Wednesday gave final approval to a bill that would regulate the sale of electronic cigarettes and raise the state’s legal age to use tobacco and vaping products from 18 to 21.

What is the legal age to smoke and vape?

The bill would raise the state’s legal age to smoke and vape to 21, a threshold already established in federal law. It also would create a state regulatory framework for the sale of electronic cigarettes.

How old do you have to be to smoke in Florida?

The Florida House on Wednesday gave final approval to a bill that would regulate the sale of electronic cigarettes and raise the state’s legal age to use tobacco and vaping products from 18 to 21.

Why is preemption needed in Tallahassee?

Supporters have said “preemption” of local regulations is needed, at least in part, because retailers could have multiple stores in different areas, which would make it hard to follow varying regulations and do business. Never miss a story: Subscribe to the Tallahassee Democrat using the link at the top of the page.

What age can you vape in Florida?

Florida Vaping Laws Regarding Minors. Florida Statutes 877.112 states that anyone under the age of 18 is prohibited from possessing an e-cigarette or any other types of nicotine dispensing products.

How many counties in Florida have e-cigarette laws?

However, these are local laws, and only 19 counties and cities in the Sunshine State have them as of this writing, and they do not affect certain work environments. Currently, 19 localities in Florida ban the use of e-cigarettes in enclosed workplaces.

Where Are People Banned From Smoking E-Cigarettes?

In 2015, the Sixth Judicial Court in and for Pasco and Pinellas Counties ordered that no one can use e-cigarettes inside their courthouses. They also cannot use them unless they are at least 50 feet away from the courthouses. More broadly, all “firefighter employee places of employment” are completely tobacco-free according to Rule 69A-62.024 (6). Electronic cigarettes do not contain tobacco, but they are listed, and prohibited, as an example of a “tobacco-like product.”

Can you vape on the beach in Florida?

You may now find people “vaping” on the beach, on the street, and even inside shopping malls, where kiosks vend them. However, not everyone is allowed to use them, and people are not allowed to smoke e-cigarettes everywhere. Here are the current Florida vaping laws.

Is it legal to smoke e-cigarettes in Florida?

The Current Laws in Florida for Smoking E-Cigarettes. The smoking of electronic cigarettes, often shortened to e-cigarettes, has become increasingly common. These products, known in legal terms as an example of a “nicotine dispensing device,” have been promoted as healthier alternatives to standard cigarettes.

Is vaping allowed in Florida?

Vaping is allowed for people who work outdoors. These localities range across the state and include populous cities like Miami, Port St. Lucie, and Boca Raton. Vaping in enclosed workplaces is prohibited throughout the counties of Miami-Dade, Alachua, and Marion.

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) ).

What is the minimum age to vape in Florida?

The federal minimum is 21, making Florida the only state not to have such protections in place. The proposed legislation would not ban or remove any products from vape shops in the state but make it harder for minors to purchase those products.

What is the age limit to buy tobacco in Florida?

Another point of contention is that SB 1080 will not raise the minimum age to buy tobacco products to 21 for active-duty military members, which is now 18 in Florida. Some common sense in Florida: The bill places tobacco and vaping regulations into separate statutes.

Do vape shops have to pay for e-cigarettes?

This new bill sponsored by State Rep.Travis Hutson will require vape shops in the state to apply for a special license to sell e-cigarettes. The vape shops will not be required, however, to pay for this fee. Many argue that the absence of this fee or any other penalties for violators makes the bill toothless and ineffective.

Will the new vaping bill ban vaping?

As this new bill will not ban any specific products, many in the vaping community favor it. The vaping industry has always favored restricting access to nicotine vaping products for minors and young people, which is what this bill promises to do. It also frees independent vape businesses from punishing fees to obtain licenses, which previous bills have tried to achieve.

Is Florida a vaping state?

The Florida legislature is considering new vaping regulations after a bill to ban flavored vaping products was veto ed by Governor Ron DeSantis last year. The original bill was supported by several public health advocates and anti-vaping activists. That bill was eventually passed by the House and Senate but was vetoed by DeSantis, ...

Is marijuana possession a crime?

You might think that a marijuana possession charge is a minor legal issue, but the penalties are more serious than you might expect . Vaping pot is a crime, and police aggressively pursue those who break the law. To learn more about your options for fighting the charges, please contact the offices of Fort Lauderdale drug possession attorney Kevin J. Kulik. We can set up a consultation to review your circumstances and determine an appropriate defense strategy.

Is possession of THC oil a separate crime?

Because it’s a separate crime, possession of drug paraphernalia is also punished separately if you’re convicted. That means your jail sentence could be in addition to the other penalties you face for possession of THC oil.

Is marijuana legal in Florida?

While there have been recent efforts to legalize it, marijuana remains a Schedule I controlled substance in Florida – no matter what method you employ for consumption. Possession is still a crime and the penalties are harsh, including long imprisonment terms, fines, and other consequences that come with having a permanent criminal record.

Can you be charged with possession of THC oil?

You Could Also Be Charged with Possession of Drug Paraphernalia: In addition to possession of THC oil, you could also be charged with possession of the pen that it comes in. Florida’s law on drug paraphernalia includes a laundry list of items that are illegal if they’re used to consume, ingest, smoke, inject, inhale, manufacture, measure, weigh, or engage in other acts associated with drug use. If arrested for drug paraphernalia, the crime is a First Degree Misdemeanor – the most serious type of misdemeanor under state law. Your punishment for a conviction may include:

What happens if you don't have a medical marijuana card in Florida?

This means that if you do not have a medical marijuana card, and you get caught with any amount of any type of manufactured cannabis – from oils, to hash, and even edibles – you will not fall under any of the cannabis exceptions of Florida law. In this scenario, you would face third-degree felony charges, carrying a potential sentence ...

What does it mean to not have a medical marijuana card?

However, this exception defines “cannabis” in a way that excludes “the resin extracted from the plants of the genus Cannabis, or any compound manufacture, salt, derivative, mixture, or preparation of such resin.”. This means that if you do not have a medical marijuana card, and you get caught with any amount of any type ...

Can you vape and dab weed?

This comes to a surprise to most people, and it’s an especially unpleasant realization, since vaping and dabbing marijuana concentrates are some of the most popular methods for consuming the cannabis plant. If you enjoy edibles, hash, wax, oils or any other cannabis derivative, you should exercise extreme caution.

Who is the attorney for marijuana charges in Sarasota?

In these situations, you can count on Sarasota marijuana charges attorney Erika Valcarcel, who has a have a proven track record of helping her clients avoid the devastating penalties of felony drug possession. Contact Erika Valcarcel, Criminal Defense Lawyer, P.A. today for a free consultation at (941) 363-7900.

Is THC a felony in Florida?

Possession of THC Concentrates Is a Third-Degree Felony. Although medical cannabis is now legal in Florida, the plant and its derivatives remain schedule I substances under the state’s controlled substance act. Schedule I substances are those that have no recognized medical use, and a high potential for abuse.

Will Florida’s Unjust Marijuana Laws Change this Year?

Democratic state representatives Michael Grieco and Carlos Guillermo Smith have introduced legislation to legalize recreational marijuana. Known as Florida House Bill 1117, the legislation would allow anyone over the age of 21 to grow up to six cannabis plants and to possess, use, or transport up to 2.5 ounces of marijuana. The bill would set up a system for regulating and taxing marijuana in the same manner as alcohol or tobacco.

When will vaping be banned in Florida?

In 2018, the state of Florida voted to ban vaping in most indoor workplaces within the state with the measure coming into effect in July 2019.

How old do you have to be to vape in Florida?

The Legal Age For Smoking In Florida: 21 years old.

How old do you have to be to buy Juul pods in Florida?

In order to buy juul pods in the state of Florida, you have to be at least 21 years old.

Can you vape in Florida?

Yes, at the moment flavored vape products – including pods and cartridges – are allowed in the state of Florida.

Is it legal to vape in Florida?

Yes, technically it is legal to vape in several public places within the state of Florida but only if curtesy and respect is shown to those who don’t vape.

Is vaping legal in Florida?

Is vaping THC legal in Florida? No, The use of THC is not legal in Florida, and vaping it would be illegal as well under the same laws prohibiting smoking marijuana or tobacco products indoors (CAAA).

Can you vape while driving?

If you chose to vape when driving, it is technically allowed but comes with a level of personal responsibility.

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