Vaping FAQs

is vaping legal in florida

by Harley Roob I Published 2 years ago Updated 1 year ago
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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.

Full Answer

What are the vaping bans in Florida?

Vaping by persons under 21 years of age prohibited in, on, or within 1000 feet of a school between 6am and midnight. Fla. Stat. § 386.212 (2021) (increased age effective October 1, 2021) Use of electronic cigarettes and nicotine dispensing devices in courthouses of Sixth Judicial Circuit and within 50 feet of entrances thereto prohibited. Admin.

Do smoking laws apply to vaping in Florida?

Smoking laws specifically apply to "tobacco", so the laws don't apply to vaping; yet. Some states are moving towards including vaping in their laws. As the article states, Florida is behind the times as we still allow smoking in bars for no good modern reason.

Will smoking be allowed in Florida?

Florida governor, DeSantis, qualified patients should be allowed to smoke medical marijuana, thus doing away with the smoking ban. The bill, which was co-sponsored by Republican State Sen. Jeff Brandes and Democrat Linda Stewart, allows patients over the age of 18 to have 2.5 ounces of marijuana flower every 35 days.

Are DAB pens legal in Florida?

are dab pens legal in florida. You must be 21 years of age or older to view this website. ... In the same vein, dab pens can only be used with dabs. Over time, the heating unit in your dab pen will wear out. Some will require more voltage to achieve a satisfying puff.

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Can I buy a vape at 18 in Florida?

Like traditional cigarettes or smokeless tobacco, the legal minimum age to purchase any e-cigarette in Florida is now 21. The new state law includes an exemption for military personnel who are on active duty and at least 18 years of age.

Can you vape outside in Florida?

The Florida Clean Air Act is an update to an existing law which targets vaping and tobacco smoking in public spaces. Under this new law, local governments are now allowed to restrict smoking at public beaches and public parks which they own.

Are vape pens illegal in Florida?

Florida Laws on Possession of Drug Paraphernalia: In addition to possession of a controlled substance, state law prohibits possession of the implements used for ingesting, inhaling, or otherwise consuming drugs – including vape pens.

Is vaping allowed indoors Florida?

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

Can you vape in bars in Florida?

In 2018, Florida voters approved a constitutional amendment to ban vaping in most indoor workplaces, effective July 2019. Localities with vaping bans that do not include all bars and restaurants (19 total): Alachua County, banned in all enclosed workplaces, including restaurants but exempting bars.

What Vapes are sold in Florida?

FREEMAX.Geek Vape.UWell.Suorin.VooPoo.SMOK.

What happens if you get caught with a dab pen in Florida?

If someone is caught with a vape pen containing a THC cartridge, they'll be facing a third-degree felony drug possession charge. Upon conviction, the punishments may include but are not limited to imprisonment for up to 5 years and/or a fine of up to $5,000.

Can you buy Vapes at gas stations in Florida?

Gas stations, convenience stores and vape shops - vaping products that contain nicotine are being sold at all of them. In Florida, you have to be at least 18 to buy these vaping products.

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 are Florida's smoking laws?

It is unlawful in Florida for any person under 18 years of age to smoke tobacco in, on, or within 1,000 feet of the real property comprising a public or private elementary, middle, or secondary school between the hours of 6 a.m. and midnight.

Does Disney World allow Vapes?

As you are probably aware, the Disneyland Resort property rules prohibit smoking and vaping in the theme parks as well as the Downtown Disney District and areas between them.

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.

Can you vape in restaurants in Florida?

With the passing of the constitutional amendment that regulates vaping indoors, vaping in restaurants is prohibited in the state of Florida.

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.

Does Disney World allow vapes?

As you are probably aware, the Disneyland Resort property rules prohibit smoking and vaping in the theme parks as well as the Downtown Disney District and areas between them.

Are Juul pods banned in Florida?

(WCJB) - The crown jewel of vaping will no longer be available in North Central Florida. The Food and Drug Administration banned all JUUL products. The e-cigarette product fueled the teen vape surge.

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, ...

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 buy vape in Florida?

Governor Ron DeSantis recently signed a law that raised the minimum age to purchase any tobacco products in Florida, including vaping products from 18 to 21. The signing comes almost a year after DeSantis vetoed a similar bill. The Governor refused to sign the bill owing to its restrictions on the sale of flavored vaping products.

Who is the Democrat in the vaping ban?

The bill was a bipartisan effort of two Republicans, Representative Jackie Toledo and Senator Travis Hutson, and a Democrat, Nick Duran of Miami. All three have spoken out about the potential harm reduction properties of vaping, which is something that Governor DeSantis also mentioned in a statement released last year after vetoing the flavored vaping ban bill.

What does Bob Rommel say about the law in Naples?

Naples Republican Bob Rommel said that the law cuts the red tape for retailers who no longer have to clear legislative hurdles at the local, state, and federal levels. Preempting local governments streamlines the process to get licenses or to pay fees rather than creating a byzantine bureaucracy.

Is there a bill in Montana that would prevent municipalities from passing local laws specifically against vaping products?

Montana has also pursued a similar bill that would prevent municipalities from passing local laws specifically against vaping products. The Montana bill is currently up for review and may or may not be signed by Governor Greg Gianforte. The new Florida law is set to go into effect this October.

Did the Florida governor sign the vaping bill?

After fierce opposition from the vaping industry in Florida – which is the home to many domestic vaping companies – the governor did not sign the bill. This new watered-down bill removed the restrictions on flavored vaping products, but it is controversial for another amendment.

What is the indoor air smoking and vaping act in Florida?

Image Caption. Page Content. The Florida Legislature recently amended the Indoor Air: Tobacco Smoke Act (section 386.202 of the Florida Statutes) to restrict indoor vaping in addition to tobacco smoking in enclosed spaces. The amended act is now known as the Indoor Air: Smoking and Vaping Act. The new law went into effect on July 1.

Who must develop and implement a smoking and vaping policy?

The proprietor or other person in charge of an enclosed indoor workplace must develop and implement a policy regarding the smoking and vaping prohibitions. The enclosed indoor workplace policy must prohibit an employee from smoking or vaping, or both.

What is a vape?

The act broadly defines "vape" or "vaping" to include inhaling or exhaling vapor produced by a vapor-generating electronic device or possessing a vapor-generating electronic device while that device is actively employing an electronic, chemical or mechanical means designed to produce vapor or aerosol from a nicotine product or any other substance.

Can you vape in an enclosed indoor workplace in Florida?

Florida also amended section 386.204 to prohibit vaping as well as smoking in "an enclosed indoor workplace" unless it is a private residence not being used commercially to provide child care, adult care, or health care; a retail tobacco or vape shop; a bar that does not serve food; and a few other limited exceptions.

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