Vaping FAQs

is vaping legal in washingotn state

by Elaina Blick IV Published 2 years ago Updated 1 year ago
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It is illegal for anyone under the age of 21 to purchase, attempt to purchase, possess, or obtain vapor products. A person under 21 possessing vapor products may face an infraction penalty.

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.

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.

Is tobacco legal in Washington State?

Most kids get nicotine products from those in their social network who can legally buy them. Tobacco and Vapor 21 closes off social circle access to nicotine, and in turn, the health consequences of tobacco. Including Washington State, tobacco and vapor 21 is currently the law – or is due to go into effect – in 18 states as well as D.C. and Guam.

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

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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

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.

New Vape Law: E-Cigarette Regulations & Compliance

Here's an overview of what online sellers of vaping products can do to comply with the new e-cig regulations: Register with ATF and with tax administrators of the locations you’re shipping vaping products and any locations your vaping products are advertised/offered.; Verify the age of your customers before checkout.

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 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 ...

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.

What is the 2021 delivery code for vapor?

Code § 314-55-1065 (2) (effective through May 6, 2021); 246-80-021 (2021) 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.

What is liquid nicotine container?

Liquid nicotine container means “a package from which nicotine in a solution or other form is accessible through normal and foreseeable use by a consumer and that is used to hold soluble nicotine in any concentration [excepting] closed system nicotine containers.”. Vapor product means “any noncombustible product containing a solution ...

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

When is the age to sell vapor?

Tobacco and Vapor Age of Sale Goes to 21 on 1/1/2020. Engrossed House Bill 1074 was signed into law in 2019, raising the minimum sales age of tobacco and vapor products to 21 years of age. The law goes into effect on January 1, 2020, and applies to all tobacco and vapor products.

How old do you have to be to smoke a cigarette?

The legal minimum age of sale for tobacco and vapor is 21 years of age. This applies to all tobacco and vapor products, whether or not they contain nicotine. ...Read More

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 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

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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