Vaping FAQs

is vaping legal in minnesota

by Lorena Okuneva Published 1 year 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

Where is vaping banned in Minnesota?

Use banned in child and healthcare businesses, government buildings, Minnesota State Colleges and Universities, public and charter schools, and facilities licensed by the commissioner of health. Some exceptions apply ( Section 144.414 ). Employees of a salon cannot use vaping devices while working ( Section R.2105.0375 ).

Are e-cigarettes legal in Minnesota?

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

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.

Are vaping and smoking legal in Missouri?

The Missouri State Clean Indoor Air Law (2000) outlines the smoking regulations within the state. No statewide vaping bans exist in Missouri. Local governments are in charge of regulating e-cigarette use and, as such, may ban the use of them in public places.

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Can you buy Vapes in Minnesota?

Yes. A town board or the governing body may license and regulate electronic delivery devices however, if they do not, the county board shall license and regulate electronic delivery devices.

Can 18 year olds vape in MN?

The legal age for purchasing and consuming tobacco products in Minnesota is now 21. This includes vaping products and e-cigarettes. The Tobacco 21 law in Minnesota reflects the larger change that has taken place at the federal level and in other states throughout the country.

Are flavored Vapes legal in MN?

Flavor Bans: Federal law prohibits the sale of closed system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol.

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.

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 you get caught with tobacco under 21?

These fines range from $5 for the first offense to $750 for the third offense. States also mandate community service, a tobacco education program, loss of driver's license, and imprisonment as penalties for possessing tobacco. These penalties are used in conjunction with or in place of fines.

Is vaping considered smoking?

Vaping is not smoking, but some people find vaping works to help them quit because it offers experiences similar to smoking a cigarette. Vaping has a similar hand-to-mouth action as smoking, and it can also be social.

When did mn ban smoking?

October 1, 2007The ban took effect October 1, 2007. Minnesota is the 17th state to enforce a statewide smoking ban. The original and major supporters of the 1975 regulations were very pleased to see the Freedom to Breathe Act pass through legislation and signed into law.

How old do you have to be to 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.

What are the smoking laws in Minnesota?

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

What can you do at 18 in Minnesota?

At the age of majority, young adults are granted certain legal rights, such as the right to vote, marry, obtain a credit card, consent to medical treatments, make living arrangements, and sign contracts.

Are there tobacco Free vape pens?

Yes. As explained above, any refillable vape pen can be used as a nicotine free-vape pen. Instead of using a nicotine-based vape juice, you will have to fill the vape pen with a non-nicotine vape juice (0mg).

What is the legal age to 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 you vape at 17?

Vaping and e-cigarettes come under the same law as smoking. This law says that it's illegal to sell any tobacco products to someone under 18.

Can you buy nicotine free vape under 18?

Because it is defined as a tobacco product, it is illegal for a retailer to sell zero-nicotine e-liquid to anyone under 21.

What age can you buy a vape?

Understanding the Legal Vaping Age The FDA, however, reviewed its rules and made some recent changes to vape and tobacco regulations. You now have to be at least 21 years old to legally buy vaping products. However, you won't get arrested for merely possessing a vape if you are under that age.

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, ...

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 ...

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).

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.

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 is the Minnesota Clean Indoor Air Act?

MINNESOTA – The Minnesota Clean Indoor Air Act protects the public from the health hazards of secondhand smoke.

Is zero nicotine covered by the law?

But even devices that have zero nicotine are still covered by this law.

Is vaping a nicotine replacement?

The only types of vaping devices excluded from this law are ones prescribed by your doctor, meaning they’re FDA–certified to be nicotine replacement therapy.

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 ).

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) ).

When did the MCIAA change to vaping?

In 2019, the MCIAA was amended again to expand the definition of smoking to include vaping, the use of electronic delivery devices (also known as e-cigarettes or vapes). The amendment is effective on August 1, 2019.

What is the Minnesota Clean Indoor Air Act?

Minnesota Clean Indoor Air Act (MCIAA) The Freedom to Breathe (FTB) provisions amen ded the Minnesota Clean Indoor Air Act (MCIAA) further protect employees and the public from the health hazards of secondhand smoke. These provisions went into effect on October 1, 2007. In 2019, the MCIAA was amended again to expand the definition ...

What is considered smoking?

The MCIAA defines smoking as inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette, pipe or any other lighted or heated product containing, made or derived from nicotine, tobacco, marijuana, or other plant intended for inhalation. As of August 1, 2019, this definition includes carrying or using an activated electronic delivery device.

Where is smoking prohibited?

Smoking is prohibited in virtually all indoor public places and indoor places of employment, including:

Does MCIAA prohibit smoking?

The MCIAA does not prohibit smoking in the following locations or circumstances:

Is outdoor smoking or e-cigarette use addressed?

The MCIAA does not prohibit outdoor smoking or vaping, regardless of distance from building openings such as doors and windows. Smoke or vapor drifting in from outside of a building is not covered by the MCIAA. Some cities and counties have local ordinances that restrict smoking and vaping by entrances.

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.

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 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.

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.

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.

Is Coconino County banned?

Coconino County, banned in all enclosed workplaces, including restaurants but exempting bars

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

Learn More

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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