Vaping FAQs

is vaping legal in my state

by Mr. Savion Nicolas MD Published 2 years ago Updated 1 year ago
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Laws regulating the use of electronic cigarettes, also known as "vaping", vary across the United States. Some states and municipalities prohibit vaping in every location where smoking is prohibited, while others contain more permissive laws or no laws at all regarding vaping. Contents

Full Answer

Which states have banned vaping?

The following states/cities have enacted a temporary ban on the sale of flavored vaping products:

  • Aspen, Colorado*
  • Boulder, Colorado*
  • Carbondale, Colorado
  • Los Angeles, California*
  • San Diego, California* (excludes tobacco-free nicotine and nicotine-free products)
  • Rhode Island*

Why vaping should be illegal?

Vapor Should Be Illegal in the U.S.A. because. It contains dangerous chemicals, is also a gateway to drugs, and finally it contains some of the same things as regular cigarettes. E-cigarettes contain dangerous liquid and solid chemicals. As well as this it can lead people to worse things like drugs.

Should vaping be banned?

Thus, vaping is one of the biggest threats to public health and should be prohibited and banned. Smoking has been declining in recent years; however, it may be re-normalized by vaping if immediate action is not taken. Critics argue that while vaping is not safe to use, its efficacy as a smoking cessation warrants its use.

Is vaping considered smoking legally?

You see, in the eyes of law, vaping and smoking are kind of one and the same. Vaping products are in great majority considered to be “tobacco” or “tobacco-derived” products. So, what does this all mean in practice? Is Vaping Legal? In a word – yes.

Why is it important to stay compliant with vaping laws?

What age can you buy a vape?

Where is smoking banned?

Where are tobacco substitutes banned?

How old do you have to be to buy e-cigarettes?

Is vaping banned in Hawaii?

How do state laws change?

See 4 more

About this website

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State by State Restrictions on Vaping Products - Electric Tobacconist

As a result of the PACT Act, USPS can no longer ship vaping products. Please read our Vape Mail Ban page for more information.. Electric Tobacconist complies with all federal and state-specific laws and regulations.

Vaping Laws by State 2022 - worldpopulationreview.com

Currently, there are 29 states with specific laws around how to package vaping products. They make sure that each packaged product has the necessary precautions to prevent children from accessing them, like: including the danger of using the product, reminding the buyer that the product isn’t for children, making sure that all caps on products are tightly secured, and wrapping all products ...

U.S. E-Cigarette Regulations - Public Health Law Center

This snapshot of U.S. e-cigarette regulations is based on a survey of current state statutes in the 50 states, Washington, D.C., and five U.S. territories in the following areas: definition of “tobacco product,” taxation, product packaging, youth access/other retail restrictions, licensure, and smoke-free air legislation.

New vaping laws to kick in from October – Atlam Group

From 1 October 2021 you will no longer be able to buy or import nicotine vaping products from overseas websites without a valid doctor's prescription.

What Is the Law on Vaping by Juveniles? Punishment?

In other words, use a vaping device, particularly by a juvenile is severely restricted. The penalties for the use of such a device will vary based on the violation, i.e. whether it is first-time offense or not, the age of the offender, the nature of the offense (vaping in a car with children or outside a day-care facility is perhaps worse than other violations) and the judge involved.

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.

State Locator

Select your state from the map or list below to see Calls to Action, legislator information, current vaping laws, taxes, and more!

All Calls to Action

Stop SB 621 and SB 2278 which would impose a 70% wholesale tax on vapor products and prohibit direct-to-consumer shipping.

1. Alabama

No statewide flavor ban for Alabama (Vaping Laws & Regulations by State - State Locator, 2022).

2. Alaska

No statewide flavor ban in Alaska (Vaping Laws & Regulations by State - State Locator, 2022).

3. Arizona

No statewide flavor ban in Arizona (Vaping Laws & Regulations by State - State Locator, 2022).

6. Colorado

No statewide flavor ban in Colorado (Vaping Laws & Regulations by State - State Locator, 2022).

8. Delaware

No statewide flavor ban in Delaware (Vaping Laws & Regulations by State - State Locator, 2022).

10. Georgia

No statewide flavor ban in Georgia (Vaping Laws & Regulations by State - State Locator, 2022).

11. Hawaii

No statewide flavor ban in Hawaii (Vaping Laws & Regulations by State - State Locator, 2022).

How do state laws change?

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law (s) you are researching.

Where are vending machines required?

Vending machines must be in 21+ restricted areas of a business or shop ( Section 18.2-371.2 (A))

What is the minimum age to operate a vending machine?

Vending machines must be in 21+ business or locked in supervised areas ( Section 11-9-13.1 (A))

How many businesses can use vending machines?

Vending machines allowed in 18+ businesses or under the supervision of the owner ( Section 2927.02 (C))

Where are self service machines allowed?

Self-service machines only allowed in tobacco shops or age-restricted areas ( Sections 26:910 and 26:910.1)

Can you sell e-cigarettes in Idaho?

No vending machine or self-service devices allowed except for duty-free shops or adult-only tobacco businesses ( Section 328J-18 ). Yes – Section 28-164. Idaho. Limitations for employees at businesses that sell e-cigarettes or vaping products.

Can you break a nicotine business?

Some states, and even some municipalities (towns and cities), have very detailed laws and specific exceptions that can make or break a nicotine-related business . Always review your state laws carefully and reach out to a business law attorney in your state for answers to specific questions or legal details. If you are questioning whether a product, package, or practice is compliant, ask first to avoid harsh penalties.

What states have vaping laws?

Some states include e-cigarettes or vaping in their statutory definition of smoking, tobacco, or nicotine. These states include Colorado, California, Delaware, District of Columbia, Hawaii, Indiana, Maine, Maryland, ...

Where is vaping banned?

School buildings, playgrounds, college campuses, childcare facilities, and hospitals are places where vaping is often banned by specific statute. If you work in one of these facilities there is a good chance that you will have no right to vape, even in the absence of a state statute that expressly bans vaping in the workplace.

What is the act of inhaling an aerosol, or vapor, that’s produced by an electronic?

You may not know precisely what it means, but more than likely you’ve at least heard of the term “vaping.”. Vaping is the act of inhaling an aerosol, or vapor, that’s produced by an electronic cigarette ("e-cigarette").

What is the definition of smoking in California?

At the same time, Section 22950.5 of California’s Business and Professions Code defines “smoking” to include “an electronic smoking device that creates an aerosol or vapor, in any manner or any other form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking.”.

What are the rules of vaping?

While the rules surrounding vaping are subject to change, there are two rules of thumb that you should follow: Comply with your employer’s Vaping policy. In general, private employers have broad discretion when it comes to instituting work-related policies.

Is vaping legal at work?

Many states and local governments have banned vaping e-cigarettes at work. In most of the country, workplace smoking is either banned or highly regulated by state law. In states where smoking is permitted at work, it is often limited to a designated area of the work premises and may be illegal within a certain distance of ...

Can an employer ban vaping?

If your employer has banned vaping there is a good chance it is legally entitled to do so by state statute, administrative code, or locally enacted regulations. In addition, remember, your employer is generally entitled to act even when there is no state law or regulation on the books.

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.

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 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

Which state has the strictest vape laws?

In fact, California has some of the strictest vape restrictions and was one of the first states to implement such changes. This included restrictions on their use, as well as officially categorizing vapes as tobacco related products.

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

The vaping age in California is 21 years old, meaning that this is the minimum age at which you can legally purchase and use a vape.

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

In the State of California, you must be 21 years old in order to purchase juul pods.

Where is the headquarters of vaping companies?

This all being despite the fact that California is home to the headquarters of a number of large vaping and juul companies.

Is vaping illegal in California?

Vaping while driving in California is illegal. You are not allowed to use an e-cigarette while driving or riding as a passenger in any vehicle, whether it is moving of parked.

Is it illegal to vape in California?

It is illegal to vape in public places in California. You cannot use an e-cigarette on any form of transportation or at a bus stop.” You cannot use an e-cigarette at a workplace in California.

Is it the driver's responsibility to ensure that they are driving safely and that they are capable of using the va?

However, it is the driver’s responsibility to ensure that they are driving safely and that they are capable of using the vape while driving.

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.

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 ).

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 do state laws change?

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law (s) you are researching.

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