Vaping FAQs

is vaping legal in wa

by Pauline Crona Published 2 years ago Updated 1 year ago
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Full Answer

Are vape products legal in Washington State?

In 2016, the Washington State Legislature passed a law ( RCW 70.345) to regulate vapor products. Among other things, the law prohibits the sale of vapor products to people under 18 years of age, requires sellers to obtain a license, and requires that vapor products in stores are inaccessible to minors.

Is it legal to sell vapor products in the US?

Among other things, the law prohibits the sale of vapor products to people under 18 years of age, requires sellers to obtain a license, and requires that vapor products in stores are inaccessible to minors. Effective January 1, 2020, the legal sales age of tobacco and vapor products will change to 21.

Why did Washington raise the age of vaping to 21?

Instead, the state has raised the minimum age to buy tobacco and vapor products in Washington to 21, a measure intended to stem the rise of teenage vaping. The state enacted a temporary ban on flavored vaping products in response to the EVALI outbreak of 2019, which left several Washingtonians injured and led to two deaths in the state.

What to expect from Washington’s 2020 vape ban?

What to Expect? Lawmakers in Olympia have let the 2020 Washington vape ban expire despite calls for it to be made permanent. Instead, the state has raised the minimum age to buy tobacco and vapor products in Washington to 21, a measure intended to stem the rise of teenage vaping.

Where is vapor product prohibited?

Who has the authority to regulate indoor vapor products?

What is vapor product?

What is the purpose of the vapor law?

When did the tax on vapor products become effective?

Is it illegal to possess vapor products?

Does a vapor product contain nicotine?

See 4 more

About this website

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Vapor products tax | Washington Department of Revenue

Effective March 27, 2021, the Preventing Online Sales of E-Cigarettes to Children Act extends the Jenkins Act and Prevent All Cigarette Trafficking (PACT) Act.

Chapter 70.345 RCW: VAPOR PRODUCTS - Washington

Legislature Home; House of Representatives; Senate; Find Your District Find Your District; Laws & Agency Rules; Bill Information; Agendas, Schedules, and Calendars; Legislative Committees

Cigarette, Tobacco, and Vapor | Washington Department of Revenue

For vapor products, the business location cannot be a residence per WAC 314-35-020 (4). Required for each location of a business, regardless whether located inside or outside Washington, where retail sales orders for vapor products are taken from Washington consumers by telephone or other voice transmissions, mail or other delivery services, the internet or other online services, or from which ...

Vaping Laws in Washington + Calls to Action - CASAA

eLiquid containers must be child resistant. 1 All “liquid nicotine containers must be labeled with a warning regarding harmful effects of nicotine, a warning to keep the “vapor product” away from children, a warning that vaping is illegal for minors, and for “open systems,” a disclosure of the amount of nicotine in milligrams per milliliter, along with the total volume of the ...

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.

Where is vapor product prohibited?

School buses. Elevators. The use of vapor products is prohibited in the following outdoor areas: Outdoor areas of property upon which a child care facility is located and which are under the control of the child care facility.

Who has the authority to regulate indoor vapor products?

Local governments are granted the authority to enact ordinances regulating indoor vapor products use in public places provided such ordinances are otherwise consistent with the provisions of the new law. The law introduces location restrictions within the following indoor places:

What is vapor product?

Vapor products include any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device, and any vapor cartridge or other container that may contain nicotine in a solution or other form that is intended to be used with or in an e-cigarette, e-cigar, e-cigarillo, e-pipe, or similar product or device.

What is the purpose of the vapor law?

The law accomplishes the following: Establishes important youth access protections to reduce illegal youth access to vapor products, including packaging requirements such as child-resistant packaging. Provides penalties for those who do not comply with new requirements. Regulates Internet and distribution markets.

When did the tax on vapor products become effective?

These rules become effective on August 8, 2016. While tastings or sampling of vapor products containing nicotine at no cost are illegal after this date, ...

Is it illegal to possess vapor products?

Under 21 – It is illegal for minors to possess, purchase or attempt to purchase, or obtain or attempt to obtain vapor products. Minors may be cited with a civil infraction for these actions. Over 21 – Adults may be cited with a gross misdemeanor for furnishing vapor products to minors.

Does a vapor product contain nicotine?

The law regulates all vapor products, whether or not they contain nicotine. Additionally, new federal tobacco laws now apply to ENDS (Electronic Nicotine Delivery Systems that contain tobacco or nicotine,) cigars, hookahs, pipe tobacco, and dissolvable tobacco and gels. Vapor products include any electronic cigarette, electronic cigar, ...

What is a JUUL?

JUUL is a type of e-cigarette/vapor product that has become increasingly popular, especially among youth. JUULs very closely resemble a USB drive, can be charged in a USB port, and emit little to no detectable vapor or odor. Due to their easily concealable design, they are of particular concern with regard to youth use.

Vapor Product Laws

In 2016, the Washington State Legislature passed a law ( RCW 70.345) to regulate vapor products. Among other things, the law prohibits the sale of vapor products to people under 18 years of age, requires sellers to obtain a license, and requires that vapor products in stores are inaccessible to minors.

Youth Use

E-cigarette/vapor product use is now considered an epidemic by the U.S. Surgeon General and the U.S. Food and Drug Administration (FDA). As cigarette use declines, new tobacco products, and electronic cigarette/vapor products, are being introduced and marketed, and thus contributing to the overall youth nicotine use rate.

More Resources

Visit our tobacco cessation page for information and resources on how to quit tobacco, including the Washington State Tobacco Quitline (1-800-QUIT-NOW) and the 2MorrowHealth TM app.

Required Retail Signage

Retail signage- RCW 70.345.070: Required signage must be posted on cigarette vending machines and at each location (i.e. check stand or cash register area) where tobacco and vapor products are sold.

Smoking in Public Places

In Washington state, we have laws and policies to help protect our workers and families from secondhand smoke in public places.

Vaping in Public Places

On June 28, 2016, the state vapor product law ( Chapter 70.345 RCW) became effective, applying to items such as the ban on open displays, tasting restrictions, ad restrictions on coupons, as well as the requirements for child-resistant packaging and labeling.

Tobacco and Vapor Product Sampling and Coupon Regulations

Sampling prohibited–RCW 70.155.050: A tobacco sampling license is required to distribute samples of tobacco. Sampling may occur only within a location that holds a current cigarette license. Please check with your local city or county because some locations completely prohibit tobacco sampling.

Federal Regulations

In 2016, the federal Food and Drug Administration (FDA) extended its regulatory authority over tobacco products to include vapor products (the FDA uses the term “electronic nicotine delivery systems” or ENDS). Learn more about the federal rules for consumers, retailers, and manufacturers.

How does the state define an e-cigarette?

Vapor product means “any noncombustible product that may contain nicotine and that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor or aerosol from a solution or other substance [including] any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container that may contain nicotine in a solution or other form that is intended to be used with or in [such a device].” Wash.

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

Use of vapor products prohibited in and on grounds of child care facilities, schools, playgrounds, school buses, elevators, and within 500 feet of schools. Wash. Rev. Code Ann. § 70.345.150 (2021)

What is the minimum age to buy vape in Washington?

Instead, the state has raised the minimum age to buy tobacco and vapor products in Washington to 21, a measure intended to stem the rise of teenage vaping. The state enacted a temporary ban on flavored vaping products in response to the EVALI outbreak of 2019, which left several Washingtonians injured and led to two deaths in the state.

Is vaping dangerous?

Users are warned about the risks that accompany vaping products with health providers encouraged to report cases of lung illnesses tied to vape products

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) ).

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 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 did the flavor ban end?

Flavor Bans: Federal law prohibits the sale of closed system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol. A statewide flavor ban for all vapor products passed by executive order began on October 10, 2019 and lasted until February 2020. taxes.

Is vaping illegal for kids?

All “liquid nicotine containers must be labeled with a warning regarding harmful effects of nicotine, a warning to keep the “vapor product” away from children, a warning that vaping is illegal for minors, and for “open systems,” a disclosure of the amount of nicotine in milligrams per milliliter, ...

Can you sell vapor products without a license?

Delivery sales of vapor products prohibited unless seller has a valid delivery sale license, verifies the age of the purchaser through a third-party database, and only accepts payment through a credit or debit card in the purchaser’s name.

Where is vapor product prohibited?

School buses. Elevators. The use of vapor products is prohibited in the following outdoor areas: Outdoor areas of property upon which a child care facility is located and which are under the control of the child care facility.

Who has the authority to regulate indoor vapor products?

Local governments are granted the authority to enact ordinances regulating indoor vapor products use in public places provided such ordinances are otherwise consistent with the provisions of the new law. The law introduces location restrictions within the following indoor places:

What is vapor product?

Vapor products include any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device, and any vapor cartridge or other container that may contain nicotine in a solution or other form that is intended to be used with or in an e-cigarette, e-cigar, e-cigarillo, e-pipe, or similar product or device.

What is the purpose of the vapor law?

The law accomplishes the following: Establishes important youth access protections to reduce illegal youth access to vapor products, including packaging requirements such as child-resistant packaging. Provides penalties for those who do not comply with new requirements. Regulates Internet and distribution markets.

When did the tax on vapor products become effective?

These rules become effective on August 8, 2016. While tastings or sampling of vapor products containing nicotine at no cost are illegal after this date, ...

Is it illegal to possess vapor products?

Under 21 – It is illegal for minors to possess, purchase or attempt to purchase, or obtain or attempt to obtain vapor products. Minors may be cited with a civil infraction for these actions. Over 21 – Adults may be cited with a gross misdemeanor for furnishing vapor products to minors.

Does a vapor product contain nicotine?

The law regulates all vapor products, whether or not they contain nicotine. Additionally, new federal tobacco laws now apply to ENDS (Electronic Nicotine Delivery Systems that contain tobacco or nicotine,) cigars, hookahs, pipe tobacco, and dissolvable tobacco and gels. Vapor products include any electronic cigarette, electronic cigar, ...

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