Vaping FAQs

is vaping legal for minors in minnesota

by Newton Considine Published 2 years ago Updated 1 year ago
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(Minn. Stat. §§ 461.12; 609.685) There is no penalty in state law for the possession or use of electronic cigarettes by a person under 21, other than the petty misdemeanor penalty that applies to any person who smokes in an area where smoking is prohibited or restricted under the MCIAA.

Full Answer

Is it legal to vape in Minnesota?

Yes, it is legal to vape in Minnesota if one is over the age of 21. However, if you are under 21 it is illegal to consume/purchase e-cigarette related merchandise unless certain circumstances. What is the legal vaping age in Minnesota? The legal vaping age in Minnesota is 21 years old.

Is it illegal to sell cigarettes under 21 in Minnesota?

It is now illegal for a retailer to sell any tobacco product – including cigarettes, cigars and e-cigarettes – to anyone under 21. On May 16, 2020, Governor Tim Walz signed into law legislation known as Tobacco 21. Laws of Minnesota 2020, chapter 88 ( HF331 */ SF463) raises the age for residents to buy tobacco products from 18 to 21.

Is vaping legal in Michigan?

Michigan’s Smoke-Free Air Act of 2009 outlines the smoking laws within the state. The law does not specifically mention the use of electronic cigarettes. As such, it is assumed that ‘no smoking’ laws and signage do not apply to vaping. The state does have a comprehensive guide to current laws on tobacco products.

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.

What is the age limit for false identification in Minnesota?

What is tobacco exclusion?

What is the penalty for selling or furnishing tobacco?

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What is the legal age to buy a vape in Minnesota?

21 years of age or olderPenalty to sell or furnish. (a) Any person 21 years of age or older who sells, gives, or otherwise furnishes tobacco, tobacco-related devices, or electronic delivery devices to a person under the age of 21 years is guilty of a petty misdemeanor for the first violation.

What are the vaping laws in Minnesota?

Minnesota LAWS & TAXES Whoever possesses, smokes, chews, or otherwise ingests, purchases, or attempts to purchase tobacco, tobacco-related devices, or electronic delivery devices and is under the age of 18 years is guilty of a petty misdemeanor.

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 legal for a 14 year old to vape?

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.

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

(Minn. Stat. §§ 461.12; 609.685) There is no penalty in state law for the possession or use of electronic cigarettes by a person under 21, other than the petty misdemeanor penalty that applies to any person who smokes in an area where smoking is prohibited or restricted under the MCIAA.

Is vaping indoors illegal in MN?

Smoking and e-cigarette use is prohibited in virtually all indoor public places and indoor places of employment, including: Bars, restaurants, and private clubs. Office and industrial workspaces.

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.

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.

What age is appropriate for vaping?

Vaping Age Restrictions Around The World Vaping sales in the US are prohibited to under 21s or under 18s, depending on the state. In California, Hawaii, Oregon, New Jersey, and Maine, it's 21+. In all 42 other states, it's 18+.

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.

Why do teenagers vape?

addiction, they like the “hit” they get from nicotine. appealing flavors (e.g. fruit, candy, dessert) devices are seen as trendy, or a status symbol. they consider vaping “harmless” and “safer than smoking” in order to quit or cut down on smoking.

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.

What is the law on vaping indoors?

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. So, if you want to vape in a public place then it will be a good idea to check the policy on vaping before going ahead.

Are Juuls banned in Minnesota?

Beginning August 1, 2019, Minnesota law prohibits the use of these products indoors where cigarette use is prohibited, including bars and restaurants.

Can I vape indoors at work?

However, e-cigarettes do not fall within the scope of this prohibition as they do not create smoke or burn tobacco. There is no separate law that regulates their use at work. Therefore it is up to employers to decide whether or not employees should be allowed to smoke e-cigarettes at work.

Can you use an e cig indoors?

Health harm In contrast to the known harm from secondhand smoke, there's no evidence so far of harm to bystanders from exposure to e-cigarette vapour. The many harmful chemicals in tobacco smoke are either not contained in e-cigarette vapour at all, or are usually found at much lower levels.

E-Cigarette Regulations - Minnesota | Public Health Law Center

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

Prohibited work for minors under age 18 - Minnesota

The commissioner of the Department of Labor and Industry has established some occupations as hazardous or detrimental to the well being of minors. There is work that is prohibited for minors under the age of 18, as well as work that is prohibited for minors under the age of 16.

Tobacco 21 - Tobacco Prevention and Control - Minnesota Department of ...

Tobacco 21: Health Impacts of Raising the Minimum Tobacco Sale Age. Research shows that raising the legal sale age from 18 to 21, known as “Tobacco 21,” would greatly reduce youth tobacco use and prevent kids from starting to smoke, according to a 2015 Institute of Medicine report. 1 Notably, the report estimated there would be a 25 percent reduction in smoking initiation among 15-to-17 ...

TOBACCO 21 AND OTHER STATUTORY CHANGES - Public Health Law Center

www.publichealthlawcenter.org Tobacco 21 and Other Statutory Changes 3 {The definition of electronic delivery devices will now include natural or synthetic nicotine and non-nicotine e-liquids. {Retailer penalties for sales to underage persons and other violations will increase to a minimum of $300 for a 1st violation, $600 for a 2nd violation within 36 months, and

Cigarette and Tobacco Licensing Information | Minnesota Department of ...

Complete Form CT100, License Application for Cigarette Distributors and Subjobbers, or Form CT101, License Application for Tobacco Products Distributors and Subjobbers, and pay the required fee.. Renew Electronically. If you are renewing your Cigarette Tax or Tobacco Tax license, you have the option to complete your application electronically using our e-Services system.

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

§ 144.413 (4) (2021)) and prohibited in all public places, including places of employment and public transportation, day care and health facilities, government owned or operated buildings, facilities owned by Minnesota State Colleges and Universities, the University of Minnesota, facilities licensed by the commissioner of human services and those licensed by the commissioner of health (with some exceptions) ( Minn. Stat. § 144.414 (2021) ); and public and charter schools and any facility or vehicle owned, rented or leased by a school district ( Minn. Stat. § 144.4165 (2021) ).

What is a nicotine solution?

§ 609.685 (1) (c) (2021) Nicotine solution products means “any cartridge, bottle or other package that contains nicotine, including nicotine made or derived from tobacco or sources other than tobacco, that is in a solution that is consumed, or meant to be consumed, through the use of a heating element, power source, electronic circuit, ...

What is the age limit for false identification in Minnesota?

Use of false identification. A person under the age of 21 years who purchases or attempts to purchase tobacco, tobacco-related devices, or electronic delivery devices and who uses a driver's license, permit, Minnesota identification card, or any type of false identification to misrepresent the person's age, shall only be subject to an alternative ...

What is tobacco exclusion?

Tobacco excludes any drugs, devices, or combination products, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration.

What is the penalty for selling or furnishing tobacco?

Penalty to sell or furnish. (a) Any person 21 years of age or older who sells, gives, or otherwise furnishes tobacco, tobacco-related devices, or electronic delivery devices to a person under the age of 21 years is guilty of a petty misdemeanor for the first violation.

How many 11th graders use e-cigarettes?

8th grade e-cigarette use nearly doubled from 2016 to 2019, and one in four 11th graders now use e-cigarettes. 2. Additionally, nearly 6 percent of adults currently use e-cigarettes, compared to less than 2 percent in 2010; and, nearly 13 percent of adults age 18-24 use e-cigarettes. 3 The use of multiple tobacco products – dual use – is common: 37 ...

What is the most commonly used tobacco product among youth?

E-cigarettes are the most commonly used commercial tobacco product among youth, 1 so it is critical that public health officials and the general public understand the potential risks of using them.

Can e-cigarettes cause asthma?

Exposure to e-cigarette aerosol may be a trigger for both kids and adults with breathing problems, such as asthma, increasing their risk of severe asthma attacks. In Minnesota, kids with asthma who are exposed to e-cigarette aerosol are more likely to report symptoms than those not exposed, such as coughing, wheezing, shortness of breath, or chest pain. 11

Is it safe to smoke e-cigarettes?

E-cigarettes are not safe for youth. Nearly all e-cigarettes contain nicotine. 5 Nicotine is highly addictive and can harm the developing adolescent brain. 1, 6, 7 Because the brain is still developing until about age 25, youth and young adult exposure to nicotine can lead to addiction and disrupt attention and learning.

Can you quit smoking with an e-cigarette?

E-cigarettes are not FDA-approved smoking quitting aids, and they are not proved to help people quit. Free quitting medications and counseling are available to all Minnesotans by visiting Quit Partner or by calling 1-800-QUIT-NOW (784-8669).

Is vapor a cigarette?

Similar to smoke and secondhand smoke from cigarettes and other tobacco products, aerosol from e-cigarettes (often called vapor) contains harmful and potentially harmful constituents, such as ultrafine particles, heavy metals like nickel, tin, and lead, and other cancer-causing chemicals. 1

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) ).

What is the age limit for selling tobacco?

It is an affirmative defense to the charge of selling tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products to a person under the age of 18 21 years in violation of subdivision 2 or 3 that the licensee or individual making the sale relied in good faith upon proof of age as described in section 340A.503, subdivision 6.

How old do you have to be to sell tobacco products?

At each location where tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products are sold, the licensee shall display a sign in plain view to provide public notice that selling any of these products to any person under the age of 21 is illegal and subject to penalties. The notice shall be placed in a conspicuous location in the licensed establishment and shall be readily visible to any person who is purchasing or attempting to purchase these products. The sign shall provide notice that all persons responsible for selling these products must verify, by means of photographic identification containing the bearer's date of birth, the age of any person under 30 years of age.

What is a tobacco products shop?

For the purposes of this subdivision, a tobacco products shop is a retail establishment that has an entrance door opening directly to the outside, that cannot be entered at any time by persons younger than 21 years of age, and that derives more than 90 percent of its gross revenue from the sale of tobacco, toba cco-related devices, and electronic delivery devices , as defined in section 609.685, and in which the sale of other products is merely incidental. "Tobacco products shop" does not include a tobacco department or section of any individual business establishment with any type of liquor, food, or restaurant license.

How long does a Minnesota liquor license suspension last?

The commissioner shall suspend for a period of 90 days the license of a person who: (1) is under the age of 21 years and is convicted of purchasing or attempting to purchase an alcoholic beverage in violation of section 340A.503 if the person used a license, Minnesota identification card, or any type of false identification to purchase ...

Can you sell tobacco products in a vending machine?

No person shall sell tobacco products, electronic delivery devices, or nicotine or lobelia delivery products from vending machines. This subdivision does not apply to vending machines in facilities that cannot be entered at any time by persons younger than 18 under the age of 21 years of age.

What states have e-cigarette laws?

Connecticut. As of July 6, 2015, Connecticut law (Public Act No. 15-206) regulates the use of e-cigarettes in public places. Areas that are prohibited include: restaurants, state buildings, healthcare facilities, school campuses and buildings, and child care facilities.

Is the FDA regulating e-cigarettes?

Though the FDA has standardized rules for e-cigarettes sales, the specific usage of them is regulated at the state level. The Public Health Law Center has gathered together every state’s regulation for e-cigarettes (as of June 15, 2016), which includes the specific state code / law reference.

Does Michigan have a smoking ban?

Michigan’s Smoke-Free Air Act of 2009 outlines the smoking laws within the state . The law does not specifically mention the use of electronic cigarettes. As such, it is assumed that ‘no smoking’ laws and signage do not apply to vaping. The state does have a comprehensive guide to current laws on tobacco products. ‘No smoking’ laws do prohibit smoking in public places, but these do not cover electronic cigarette use. It is assumed that ‘no smoking’ signage does not apply to e-cigarettes. We found no explicit mention of ‘no vaping’ signage and whether they prohibit the use of e-cigarettes.

Is there a law that prohibits smoking in public?

There are no state laws that prevent the use of electronic cigarettes in public. Local municipalities may enact laws that restrict use. ‘No vaping’ signage is not mentioned in any of the state laws and it is assumed that ‘no smoking’ signs do not apply to vaping. Click template to edit. Click template to edit.

Is Louisiana a smoke free state?

The Louisiana Smokefree Air Act (Jan. 2007) outlines the current smoking regulations in the state. Smoking is prohibited in outdoor public places, public buildings, and businesses. There are no current state regulations that prevent the use of electronic cigarettes in public places. Local ordinances may differ from those of state law. All Louisiana restaurants and workplaces are smoke-free. Though not adopted under the smoke-free law, e-cigarettes may be prohibited by certain workplaces. To our knowledge, no vaping signage is not mentioned in state law. More information on the Louisiana smoke-free laws can be found on the Tobacco Free Louisiana website.

Is there a smoking law in Kentucky?

Kentucky has limited smoke-free laws, which are found in the Kentucky Clean Indoor Air Act (1994). There are currently no regulations on vaping within the public places. It is assumed that ‘no smoking’ signage does not apply to e-cigarette use. Nor could we find any specific no vaping or no e-cigarettes signs or signage laws. There is currently a push to enact a smoke-free law that would protect workers.

Does Idaho have a smoke free zone?

The Idaho Clean Indoor Air Act (2007) outlines smoke-free laws within the state, which includes prohibiting smoking in public buildings, unless such building has a designated smoking area. The Clean Indoor Air Act does not set forth statewide legislation regarding the use of electronic cigarettes. State law does allow local ordinances to be passed, so we recommend checking with your city or town government to understand what is accepted. No Vaping signage is not mentioned in the law, but it assumed that no smoking signs do not have force of law for e-cigarette use.

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

As of May 2020, 73 Minnesota cities and counties have raised the legal age for purchasing tobacco products from 18 to 21. See the ClearWay Minnesota Tobacco 21 page for a map with detail on those communities. (For more information, see individual city and county ordinances)

What is the Minnesota statute for age?

Index: The Minnesota Statutes link directly to statutes that deal with AGE and MAJORITY (AGE). Minnesota Statutes, section 645.451 provides general definitions for the terms minor, adult, minority, majority, legal age, and full age. Definition: "Age of majority" is the legal age established under state law at which an individual is no longer ...

What is the 169A.33 law?

Underage drinking and driving (Not a Drop Law): 169A.33

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

On December 20, 2019, President Donald Trump signed legislation ( H.R.1865) to amend the Federal Food, Drug, and Cosmetic Act, and raise the federal minimum age of the sale of tobacco products from 18 to 21 years.

What are the teen driver laws in Minnesota?

Teen Driver Laws -- Includes nighttime driving limitations, passenger limitations, cell phone and texting restrictions and more from the Minnesota Department of Public Safety

What is the age limit for curfew in Minnesota?

Age limitations: 145A.05, subdivision 7a, states that a county board may adopt an ordinance establishing a county wide curfew for unmarried persons under 18 years of age. Additional information: Minnesota County and Municipal Ordinances -- check your county or city curfew restrictions.

What age can you stop child support in Minnesota?

It is also the most common trigger for terminating child support payments. In most states, the age of majority is 18; however, it is commonly extended for youth still in high school. Publication: Youth and the Law: A Guide for Legislators, by the Minnesota Legislature's House Research Department.

What is the age limit for false identification in Minnesota?

Use of false identification. A person under the age of 21 years who purchases or attempts to purchase tobacco, tobacco-related devices, or electronic delivery devices and who uses a driver's license, permit, Minnesota identification card, or any type of false identification to misrepresent the person's age, shall only be subject to an alternative ...

What is tobacco exclusion?

Tobacco excludes any drugs, devices, or combination products, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration.

What is the penalty for selling or furnishing tobacco?

Penalty to sell or furnish. (a) Any person 21 years of age or older who sells, gives, or otherwise furnishes tobacco, tobacco-related devices, or electronic delivery devices to a person under the age of 21 years is guilty of a petty misdemeanor for the first violation.

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Youth E-Cigarette Use Is A Public Health threat.

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Among Minnesota students, e-cigarettes are used at five times the rate of conventional cigarettes.2 8th grade e-cigarette use nearly doubled from 2016 to 2019, and one in four 11th graders now use e-cigarettes.2 Additionally, nearly 6 percent of adults currently use e-cigarettes, compared to less than 2 percent in 20…
See more on health.state.mn.us

E-Cigarette Aerosol Contains Harmful Chemicals.

  • Similar to smoke and secondhand smoke from cigarettes and other tobacco products, aerosol from e-cigarettes (often called vapor) contains harmful and potentially harmful constituents, such as ultrafine particles, heavy metals like nickel, tin, and lead, and other cancer-causing chemicals.1
See more on health.state.mn.us

E-Cigarettes Are Not Proven to Help People Quit Smoking.

  • E-cigarettes are not FDA-approved smoking quitting aids, and they are not proved to help people quit. Free quitting medications and counseling are available to all Minnesotans by visiting Quit Partneror by calling 1-800-QUIT-NOW (784-8669). For more free quit smoking resources visit www.health.mn.gov/quit. Download this information: E-cigarettes and Vaping (PDF) Quick Card f…
See more on health.state.mn.us

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References

  1. U.S. Department of Health and Human Services, E-Cigarette Use Among Youth and Young Adults. A Report of the Surgeon General. 2016, U. S. Department of Health and Human Services, Centers for Disease...
  2. Health, M.D.o., et al., Minnesota Student Survey. 2019.
  3. Health, C.M.a.t.M.D.o., Tobacco Use in Minnesota: 2018.2018.
  1. U.S. Department of Health and Human Services, E-Cigarette Use Among Youth and Young Adults. A Report of the Surgeon General. 2016, U. S. Department of Health and Human Services, Centers for Disease...
  2. Health, M.D.o., et al., Minnesota Student Survey. 2019.
  3. Health, C.M.a.t.M.D.o., Tobacco Use in Minnesota: 2018.2018.
  4. ClearWay Minnesota and the Minnesota Department of Health, Minnesota Adult Tobacco Survey. 2014.

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