Vaping FAQs

is vaping legal for minors in illinois

by Clara Ledner Published 1 year ago Updated 1 year ago
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No. The legal vaping age in the state of Illinois is 21 and it is therefore against the law to purchase a vape if you are under this age. Although it used to be 18, the official age was lifted in 2019, in line with federal changes.

Illinois LAWS & TAXES
No minor or adult under 21 years of age shall possess any cigar, cigarette, smokeless tobacco, tobacco in any of its forms or alternative nicotine product [vapor product].

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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What age can you start vaping in Illinois?

Starting July 1, 2019, Illinois state law prohibits the sale of tobacco products, electronic cigarettes, and alternative nicotine products to any person under the age of 21. tobacco, pipe tobacco, snuff, snus, and any other smokeless tobacco product.

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.

Can 16 year olds smoke 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.

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).

What happens if a minor Vapes?

Possession of a vaping device by a juvenile is not a crime in itself, but using the device is when it becomes a crime. Under California Business & Professions Code § 22950.5(c), use of vaping devices is prohibited wherever smoking is prohibited.

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.

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.

Can an adult buy a vape for a child?

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.

How many kids are vaping?

2022 Findings on Youth E-Cigarette Use 14.1% (2.14 million) of high school students and 3.3% (380,000) of middle school students reported current e-cigarette use.

Is vaping in school illegal?

LAW AND REGULATIONS School management and boards must take all reasonably practicable steps to ensure that no person smokes or vapes in any part of the premises, whether inside or outside, at any time of day.

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.

At what age can you smoke in Illinois?

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.

What happens if you vape at 14?

Nicotine can harm the developing adolescent brain. The brain keeps developing until about age 25. Using nicotine in adolescence can harm the parts of the brain that control attention, learning, mood, and impulse control.

Should I punish my child for vaping?

Now that you are aware of the hazards brought by e-cigarettes, you have every right to punish your teen for vaping. It does not matter if they are only using it for recreational purposes. Vaping is still addictive and damaging. Some ways to punish your child are scolding and grounding them.

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.

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.

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Smoke-free tobacco products are subject to a state excise tax of 36% of wholesale price as well as federal excise taxes (listed below). The tax on Snuff is $0.30 per ounce. 3 Vapor products are taxed at the rate of 15% of the wholesale price of electronic cigarettes sold or otherwise disposed of to retailers or consumers located in this State.

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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?

As online tobacco and e-cigarette sales continue to grow, the new law seeks to prevent minors from purchasing e-cigarettes by requiring online retailers to take certain steps to ensure that purchasers are at least 21 years old. For example, the law requires that online orders be paid via check or a credit card that includes the customer’s name, and orders must be shipped to the same name and address associated with the payment method. Additionally, sellers must take steps so that “Tobacco Product” appears on the purchaser’s credit card statement. Packages also must be clearly marked as containing e-cigarettes.

Who is the sponsor of the Youth Vaping Act?

The Preventing Youth Vaping Act, or Senate Bill 512, was sponsored by Sen. Julie Morrison and Rep. Bob Morgan and was passed by the Legislature with nearly unanimous bipartisan support.

When does the Vaping Act go into effect?

The Preventing Youth Vaping Act goes into effect Jan. 1, 2022, and is intended to address the epidemic levels of youth e-cigarette usage by prohibiting companies from marketing products to minors. The new law prohibits companies from directing advertisements and marketing materials at people younger than 21 by including cartoons or images from video games, movies and other media that appeal to youth. The law also prohibits other misleading advertising that promotes using e-cigarettes as smoking cessation products or low-risk alternatives to tobacco without the required FDA approval for those uses.

Is it illegal to sell e-cigarettes in Illinois?

During 2019, hundreds of people in several states, including Illinois, became seriously ill or were hospitalized after using e-cigarettes. The new law prohibits sales of adulterated e-cigarettes that contain specific harmful chemicals or additives. Such additives are frequently used to dilute other components, giving products a milder flavor, but cause health risks when they become a vapor.

When did Illinois update the vaping law?

The updated law will become effective on June 1, 2016 and include alternative nicotine products, i.e. the e-cigarette itself and any other vaping products.

How much is the penalty for smoking in Illinois?

The penalty for the first violation is a fine of $25 or 15 hours of community service, and the maximum penalty for repeated violations is a fine of $100 and 30 hours of community service.

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)

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) ).

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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