Vaping FAQs

is vaping legal in new jersey

by Modesta Ondricka Published 2 years ago Updated 1 year ago
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Yes, you can legally vape indoors in New Jersey. This is not to say that it covers all sort of venues. You can legally vape in your own home or private property. You should be aware of other public places since you are prohibited from vaping in most of the public venues.

New Jersey LAWS & TAXES
New Jersey's Smoke-Free Air Act has been amended (with some exceptions) to prohibit the use of vapor products where smoking is prohibited (including parks and beaches.) E-liquids may only be sold at retail by licensed specialty vapor businesses.

Full Answer

Is vaping banned in New Jersey?

— The sale of flavored vaping products is banned in New Jersey under legislation Democratic Governor Phil Murphy signed Tuesday. Murphy signed the measure that moved to his desk amid a nationwide scare last year over mysterious illnesses linked to vaping. The ban will take effect in April.

What are the new laws for vaping?

What Are the New Vaping Laws? Before 2016, vaping wasn’t given much consideration. However, now that vaping has increased exponentially, law enforcement has been looking at it much more closely. All 50 states, including New Jersey, have banned the sale of vapes to anyone under the age of 21, and several states have taken the time to define exactly what a vape is.

What are the concealed carry laws in NJ?

Places Where You Can’t Conceal Carry In New Jersey

  • You cannot conceal carry in schools, and this includes colleges, technical institutions, and universities.
  • You cannot conceal carry in a game house or casino.
  • You cannot conceal carry in state parks.
  • You cannot conceal carry in places like the statue cruises ferry in Ellis Island and Liberty Island. ...

More items...

What are the Marijuana Laws in New Jersey?

  • Cannabis legalization (P.L.2021, c.16). (Feb. 22, 2021) Titled as the New Jersey Cannabis Regulatory, Enforcement, Assistance and Marketplace Modernization Act, this law legalizes regulatory cannabis. ...
  • Marijuana decriminalization (P.L.2021, c.19). (Feb. ...
  • Other clarifying provisions (P.L.2021, c.25). (Feb. ...
  • Additional clarifying provisions (P.L. 2021, c.38). ...

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Is vapes illegal in New Jersey?

Session 2022 - 2023. Prohibits sale of menthol cigarettes and sale or distribution of flavored electronic smoking devices and related products. As introduced.

Can you buy disposable vapes in NJ?

New Jersey's law makes disposable e-cigarettes illegal to sell. Assemblyman John J.

Can you still buy vape juice in NJ?

Due to the recent legislation that took effect on 4/21/20, only tobacco flavored eJuice, tobacco vape pods and tobacco disposable vapes and cartridges are allowed to be shipped to the state of New Jersey.

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

New Jersey is the third state in the nation to raise the smoking-purchase age to 21 following Hawaii and California. Your participation in raising awareness of the new legal age requirement is important. Please post the “Tobacco Age of Sale” sign in a public area to help inform people about the new law.

Is Juul banned in NJ?

Governor Phil Murphy signed legislation tightening New Jersey gun laws; the FDA temporarily suspended the ban on Juul sales; researchers found a cancer drug reduced risk of death among people hospitalized with COVID-19 by half.

Can I buy a vape at 18 in New Jersey?

It's illegal in New Jersey to sell vape pens to individuals under the age of 21. But there's nothing wrong, per statewide law at least, with folks younger than 21 being in possession of these electronic smoking devices.

Can I order vapes online in NJ?

As such, people who live and work in New Jersey can only purchase their favorite vaping products online. These vape products are known to be one of the most effective solutions for quitting smoking.

What states ban vape juice?

U.S. bans on flavored vapes and online salesArkansas – online sales ban. ... California – flavor ban (on hold until 2022) ... Maine – online sales ban. ... Massachusetts – flavor ban. ... New Jersey – flavor ban. ... New York – flavor ban + online sales ban. ... Oregon – online sales ban. ... Rhode Island – flavor ban.More items...•

Can you vape in a public place?

Can you vape in public? 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.

Is vaping indoors illegal?

Is vaping allowed in pubs? Vaping in pubs is not illegal; there are no specific laws or restrictions on vaping indoors. However, the smoking ban of 2007 has made it more difficult for pubs to ensure that their customers aren't breaking the law by smoking inside.

Can minors buy NIC free vapes?

While the sale and possession of any products that contain nicotine to anyone under 18 are illegal, minors can possess nicotine-free vape pens.

Is it illegal to vape in a car with a child?

“'There are no laws prohibiting vaping – however, you need to be in full and proper control of your vehicle at all times.” Driving with your vision obscured by vapour could leave you open to a charge of driving without due care and attention – and worse should you cause an accident.

Can you buy vapes online in NJ?

As such, people who live and work in New Jersey can only purchase their favorite vaping products online. These vape products are known to be one of the most effective solutions for quitting smoking.

Does Wawa sell nicotine vapes?

Wawa has formed a partnership with GSK Consumer Healthcare to offer its Nicorette products at all Wawa stores — becoming the first major c-store retailer to launch Nicorette chainwide.

Are flavored vapes banned in NY?

They're all illegal. New York first outlawed flavored vapes in 2019 in response to a teen vaping epidemic fueled by candy-flavored nicotine smoke.

Is vaping illegal in New York?

NYC laws include all e-cigarettes, regardless of nicotine content. NYC laws prohibit: The use of e-cigarettes in all places where smoking is prohibited, including residential common areas, restaurants, sports arenas and workplaces. The sale of e-cigarettes to anyone younger than 21.

When did e-cigarettes increase in New Jersey?

The Department saw a sharp increase in e-cigarette use in 2014, when e-cigarettes surpassed traditional cigarettes among New Jersey high school students. In 2016, rates of e-cigarette use remained higher than traditional cigarettes.

How many kids start vaping every day?

If You Don't Protect Your Kids From Vaping,Who Will? Over 5,700 kids start vaping every day. Misconceptions, peer pressure and marketing tactics all contribute to the staggering rise. Talk to your kids about e-cigarettes while they're still willing to listen.

Can you vape with e-cigarettes?

E-cigarettes can also be used to deliver marijuana and other drugs. Women who are pregnant, youth, young adults, or adults who are not currently using tobacco products should not start vaping or using e-cigarettes. Source: Centers for Disease Control and Prevention.

Is THC a vaping product?

No single product has been implicated. Patients have reported high variability in substances/products they used in vaping, including both tobacco and tetrahydrocannabinol (THC) containing products as well as other products.

Can e-cigarettes be harmful?

The e-cigarette aerosol that users breathe from the device and exhale can contain harmful and potentially harmful substances.

Can you use THC in an e-cigarette?

CDC continues to recommend that people should not use e-cigarette, or va ping, products that contain THC, particularly from informal sources like friends, or family, or in-person or online dealers.

Can children be poisoned by e-cigarettes?

Children and adults have been poisoned by swallowing, breathing, or absorbing e-cigarette liquid through their skin or eyes.

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

Use of electronic smoking device included in definition of “smoking” ( N.J. Stat. §§ 26:3D-57 ), and prohibited in same spaces smoking prohibited, including: indoor public places, workplaces, public parks and beaches ( 26:3D-58); with some exceptions ( 26:3D-59); and restricted in lodging establishments ( 26:3D–60) (2021).

What is a vapor product?

N.J. Stat. § 2A:170-51.9 (a) (3) (2021) Vapor product means “any non-combustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, to produce vapor from nicotine in a solution or any form [including] any electronic cigarette, ...

What is liquid nicotine?

Liquid nicotine means “any solution containing nicotine that is designed or sold for use with an electronic smoking device.”. N.J. Stat. § 54:40B-2 (2021) Container e-liquid means “a container of liquid nicotine or other liquid where the liquid is marketed, sold, or intended for use in an electronic smoking device, ...

What is a liquid nicotine container?

§ 2A:170-51.9 (a) (2) (2021) Liquid nicotine container means “a bottle or other container of liquid, wax, gel, or other substance containing nicotine, where the liquid or other contained substance is sold, marketed or intended for use in a vapor product [but] does not include [containers] prefilled and sealed by the manufacturer [and] ...

What is an electronic smoking device?

Electronic smoking device means “an electronic device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, or pipe.”.

Can you sell e-liquid at retail?

Container e-liquids may only be sold at retail by licensed specialty vapor businesses. Discounted sales of vapor products (including through coupons and rebates) prohibited. Discounted sales or distribution of flavored vapor products prohibited.

What is an electronic smoking device?

As used in this act: “Electronic smoking device” means an electronic device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to , an electronic cigarette, cigar, cigarillo, or pipe. “Indoor public place” means a structurally enclosed place of business, commerce or other service-related activity, whether publicly or privately owned or operated on a for-profit or nonprofit basis, which is generally accessible to the public, including, but not limited to: a commercial or other office building; office or building owned, leased or rented by the State or by a county or municipal government; public and nonpublic elementary or secondary school building; board of education building; theater or concert hall; public library; museum or art gallery; bar; restaurant or other establishment where the principal business is the sale of food for consumption on the premises, including the bar area of the establishment; garage or parking facility; any public conveyance operated on land or water, or in the air, and passenger waiting rooms and platform areas in any stations or terminals thereof; health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.); patient waiting room of the office of a health care provider licensed pursuant to Title 45 of the Revised Statutes; child care center licensed pursuant to P.L.1983, c.492 (C.30:5B-1 et seq.); race track facility; facility used for the holding of sporting events; ambulatory recreational facility; shopping mall or retail store; hotel, motel or other lodging establishment; apartment building lobby or other public area in an otherwise private building; or a passenger elevator in a building other than a single-family dwelling. “Smoking” means the burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.

Is smoking tobacco allowed in schools?

a. The use of smokeless tobacco is prohibited in any area of any building of , or on the grounds of, any public school. As used in this section, “use of smokeless tobacco” means the inhalation, chewing, or placement in the oral cavity of snuff, chewing tobacco, or any other matter or substance which contains tobacco.

When will vaping be banned in New Jersey?

By Jordan Freiman. January 13, 2020 / 8:40 PM / CBS News. New Jersey lawmakers on Monday approved a bill that would ban the sale of flavored vaping products. The bill passed in both the Senate and State Assembly, and now heads to Governor Phil Murphy, who has until January 21 to either sign or veto the bill.

Will Murphy veto the vape bill?

Some vape shop owners in New Jersey are holding out hope Murphy will veto the bill. "Our hope is that it doesn't pass today, if it does pass today, that the governor would veto it," Maria Egberts, the owner of Maja-Flava Vape Den, told CBS Philadelphia.

Which state banned vaping?

New Jersey became the first state to permanently ban the sale and distribution of flavored vaping products amid a national health crisis that has killed 60 people. The law ( S3265) comes after Murphy established a task force on vaping last fall. It’s the flavors, some say, that get kids hooked on nicotine.

What is a gig in New Jersey?

A package of new laws aim to protect the rights of self-employed — or “gi g” — workers like truckers and freelance writers in New Jersey and require the companies that hire them pay their share of payroll taxes.

Does New Jersey have a health insurance marketplace?

A package of new laws will enshrine key tenets of the federal Affordable Care Act into state law, giving New Jersey the authority to operate its own insurance marketplace and protect people with pre-existing conditions from losing coverage.

Is realistic gun legal in New Jersey?

Realistic toy guns are now banned in New Jersey under this law ( A4260 ).

Which states have banned flavoring?

That same week, New York City also banned flavored products. New Jersey is the nation’s 11th largest state by population. Between New Jersey, Massachusetts , New York City, and the many municipalities in California ...

Is New Jersey a statewide flavor ban?

New Jersey Passes Statewide Flavor Ban; Who's Next? - Vaping360

Will the flavor ban end in New Jersey?

The flavor ban trend will not end in New Jersey. Lawmakers in major states like New York and California are gearing up for a major push to ban flavors, and others will follow. There is no answer to these challenges except vapers and vaping businesses organizing and responding over and over again.

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.

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 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) ).

Is smoking banned in prison?

Use banned the same places smoking is banned ( Section 23-20.10-2 (19)) with some exceptions. Banned at all correctional facilities, including vehicles and properties ( Section 240-20-1.6 (D) and 1.16 (D) ).

What is the NJ code for nicotine?

NJ Code 2A:170-51.9 - Explains restrictions, violations, and penalties regarding the sale and distribution of liquid nicotine.

How much is the penalty for selling tobacco in New Jersey?

New Jersey law states: A PERSON WHO SELLS OR OFFERS A TOBACCO PRODUCT TO A PERSON UNDER 21 YEARS OF AGE SHALL PAY A PENALTY OF UP TO $1,000 AND MAY BE SUBJECT TO A LICENSE SUSPENSION OR REVOCATION. PROOF OF AGE MAY BE REQUIRED FOR PURCHASE. -N.J. Stat. 54:40A-4.1

What is the smoke free air act in New Jersey?

New Jersey's Smoke-Free Air Act of 2006 ensures that workers have a safe, smoke-free workplace and that all nonsmokers -- including children and senior citizens -- can breathe smoke-free air in public places.

Why is the New Jersey law important?

The law is an important part of New Jersey’s effort to eliminate tobacco use as one of our most significant public health threats, reduce smoking-related illnesses and save lives for generations to come.

What is the FDA tobacco compliance program?

FDA Tobacco Compliance Check Inspection Program. To protect the health of future generations, the U.S. Food and Drug Administration (FDA) partners with states to closely monitor retailer compliance with Federal tobacco laws and regulations and takes corrective action when violations occur.

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