Vaping FAQs

what are the current laws for vaping in colorado

by Terence Murazik I Published 2 years ago Updated 1 year ago
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Colorado LAWS & TAXES
It is illegal to give, sell, distribute, dispense, or offer for sale a tobacco or nicotine product to any person who is under 18 years of age.

Is it legal to smoke a vape in Colorado?

The Colorado Clean Indoor Air Act has been amended to include the use of vapor products under the definition of “smoking.” 5 Tobacco/Vapor 21 Law: Federal law passed December 20, 2019 prohibits sales of all tobacco and vapor products to anyone under the age of 21 years old.

How will Colorado's New vape law affect high school students?

The change comes as Colorado high school students are found to vape twice as much as the national average. Evidence shows that strong smoke-free policies reduce the likelihood that young people will start smoking. The new law also increases the distance from public entrances where people can smoke or vape from 15 to 25 feet.

How old do you have to be to vape?

Vaping and e-cigarette laws are complex. Vape pens vary and can be adapted to use tobacco, liquid nicotine, marijuana, herbs, and more. Furthermore, while federal law allows 18-year-olds to purchase tobacco products, some states put the minimum age at 21.

Should Colorado align traditional cigarettes with e-cigarettes?

It makes sense to align the law for traditional cigarettes with e-cigarettes,” said Jill Hunsaker Ryan, executive director of the Colorado Department of Public Health and Environment.

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Can you vape in Colorado at 18?

Sale and distribution of nicotine products to persons under age 21 prohibited.

Is there a vape ban in Colorado?

House Bill 1064 aims to curb youth tobacco and nicotine use by prohibiting the sale of flavored products such as vapes, e-cigarettes, menthol cigarettes and chewing tobacco beginning in 2024. Since its introduction, the bill has been changed to exempt hookah products, premium cigars and pipe tobacco.

What are the rules on vaping?

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. So, if you want to vape in a public place then it will be a good idea to check the policy on vaping before going ahead.

What states are banning Vapes?

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...•

Are flavored vapes legal in Colorado?

This year's bill, HB22-1064, prohibits retailers of cigarettes, tobacco or nicotine products from selling or marketing any flavored product.

Did the flavor ban Pass in Colorado?

HB 22-1064 (or just HB 1064 for short) proposed to ban the sale of flavored nicotine and tobacco products in Colorado. Fortunately, cooler heads have prevailed, and this bill was defeated by a 2-5 vote in the S. Appropriations committee.

Does vaping count as 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.

Can I vape inside my house?

If you vape or allow other people to vape in your home, over time it could pose a risk to your air ducts, which does impact your air quality. Vaping isn't harmless, as manufacturers would want you to believe, and you should do everything you can to limit your exposure.

Can you vape in hotel rooms?

Only if it is a designated smoking room, if the room is a non-smoking room, then that includes vaping. What happens if you vape in a non-smoking hotel room? That will depend on your hotel's smoking policy, but expect a fine on checkout, usually in the region of $150-250.

Are vapes going to be banned?

After a two-year review, the Food and Drug Administration announced Thursday it will ban all vaping and e-cigarette products sold by Juul.

Is vaping worse than smoking?

1: Vaping is less harmful than smoking, but it's still not safe. E-cigarettes heat nicotine (extracted from tobacco), flavorings and other chemicals to create an aerosol that you inhale. Regular tobacco cigarettes contain 7,000 chemicals, many of which are toxic.

Can I vape in Walmart?

Can I vape in Walmart? No, you cannot legally vape in Walmart. You can vape 25 feet or more away(outside) from the entrance of the store. Anything else violates the clean air act.

Can you buy vape in Colorado?

Colorado LAWS & TAXES It is illegal to give, sell, distribute, dispense, or offer for sale a tobacco or nicotine product to any person who is under 18 years of age. It is a class 2 petty offense for a minor to purchase or attempt to purchase a tobacco or nicotine product.

Can vape juice be shipped to Colorado?

Since it is also illegal to ship products into Colorado, our State Government now has a captive audience.

Why did they ban flavored Vapes?

This was in comparison to existing laws, which banned vape flavors other than plain tobacco or menthol—in an effort to prevent enticing minors to use vape. “The flavors, that's why we don't want them, it's not because of the injury, it's because it entices children, it was developed for kids.

Are Juul pods banned?

This means people can still purchase Juul products until the FDA makes its final decision. In September 2022, Juul sued the FDA for failing to produce documents the agency used to issue the MDO. In June 2022, FDA banned Juul products but put a temporary stay on the ban a few days later to review additional information.

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

The legal age for vaping in Colorado is 18 years old. This means that people who are over the smoking or tobacco purchase and consumption limit of 21 can legally vape, as well those under it if they have parental consent to do so (this includes minors).

How old do you have to be to buy vapes?

In 2019, the federal law was changed, meaning that you now must be at 21 years old to purchase any tobacco related products, including vapes.

Can you buy vapes in tobacco?

Currently, there is a statewide ban on the sale of vapes and anything else regarded as being a ‘closed system device’. At the moment, you are only legally permitted to purchase vapes in tobacco or menthol flavor.

Can you vape in a restaurant?

No. At a statewide level, you are prohibited from using you vape in any workplace, restaurant, or bar.

Is it a crime to vape?

In fact, it is a criminal offence to try and purchase or use a vape if you are under the regulated age.

Does Colorado have vaping laws?

As with many other states, Colorado applies the same laws to vaping as they do to traditional smoking.

Is it legal to vape in Colorado?

Is it legal to vape in Colorado? Yes. It is legal to vape in the State of Colorado but there are stringent restrictions on where, when and how you can use them.

How far can you vape from a building?

It also says people can’t vape within 25 feet of the main or front doorway of a building.

Is there a law in Colorado that restricts e-cigarettes?

DENVER — A new law goes into effect Monday that greatly restricts e-cigarette use across Colorado.

What is the age limit for smoking vapor?

Tobacco/Vapor 21 Law: Federal law passed December 20, 2019 prohibits sales of all tobacco and vapor products to anyone under the age of 21 years old. FDA stated law became effective on that date. States may choose to continue with current age law at the risk of losing federal funding. Aspen, Avon, Basalt, Carbondale, Eagle County, Edgewater have an existing Tobacco 21 law.

What counties in Colorado have a 40% tax?

Summit County has levied a 40% sales tax to be implemented January 2020, followed by a 10% increase annually, resulting in an 80% sales tax on tobacco and nicotine products other than cigarettes by 2024. Pitkin County, Eagle County, Glenwood Springs, Boulder, Crested Butte, Vail and New Castle levy a 40% tax on tobacco and nicotine products other than cigarettes. 4

What is the tax rate for smoke free tobacco?

The tax rate on smoke-free tobacco products are currently taxed at a total rate of 40% of the MLP. Proposition EE, which passed on November 3, 2020, will incrementally raise the statutory tax rate by 22 percentage points by July 2027 for a new total state-levied tobacco products tax rate of 62% of the MLP. 2

When will the EE tax increase start in Colorado?

The rate will begin at 30% of the manufacturer’s list price (MLP) in 2021 and increased gradually to 62% of MLP by July 2027. 2

Can you share your CTAs?

sharing them is great, but make sure you complete our CTAs yourself and make your voice heard!

How does the state define an e-cigarette?

Cigarette, tobacco product, or nicotine product means “ (I) [a] product that contains nicotine or tobacco or is derived from tobacco and is intended to be ingested or inhaled by or applied to the skin of an individual; or (II) [a]ny device that can be used to deliver tobacco or nicotine to the person inhaling from the device, including an electronic cigarette, cigar, cigarillo or pipe.” Colo.

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

Use of electronic smoking devices restricted similar to smoking (Colo. Rev. Stat. §§ 25-14-203 (16) (2021) (definition of “smoking”), and prohibited in indoor areas, including places of employment, common areas of retirement and public housing, day care facilities, health care facilities, hotel and motel rooms. Colo. Rev. Stat.

How to protect yourself from vaping?

The best way to protect yourself against vaping-related illness is to stop vaping. While findings from other states show that most people who got sick used THC-only products or both THC and nicotine products, some reported vaping only nicotine. Because the long-term health effects of vaping are unknown, and as information on the illness emerges, our best advice is to consider not using vaping products.

What is the purpose of public education campaigns?

Public education campaigns to educate youth about the dangers of vaping and encouraging parents, teachers and other trusted adults to talk with youth about vaping.

Which state has the highest vaping rate?

Colorado currently has the highest nicotine vaping rates in the nation among teens. With the large number of cases of lung illness we’re seeing nationally, it’s clear there are dangers associated with vaping. What people can do. The best way to protect yourself against vaping-related illness is to stop vaping.

What department investigates all cases reported to us?

The Colorado Department of Public Health and Environment is investigating all cases reported to us to determine if they meet the case definition being used nationally.

Is vaping safe to smoke?

Vaping products contain more than just harmless water vapor. They are marketed as a “safe” alternative to smoking, but the long-term health effects of vaping are still unknown. If you're vaping to quit smoking,consult your doctor or call the Colorado QuitLine (1-800-QUIT-NOW) to get free FDA-approved treatments.

Is Colorado investigating vaping?

Colorado is one of multiple states investigating severe lung illness associated with vaping. While this investigation is ongoing and the definitive cause of reported illnesses remains uncertain, people should consider not using vaping products. The Colorado Department of Public Health and Environment is investigating all cases reported to us ...

Who is leading the investigation in Colorado?

The state health department is leading the investigation in Colorado and working diligently with local, state and national partners to find cases and trace the illnesses to their source. Our work includes:

Are E-Cigarettes Tobacco Products?

Determining what laws apply to e-cigarette products often involves knowing whether your state classifies e-cigarettes as tobacco products. The Food and Drug Administration (FDA) considers them tobacco products, but many states have yet to define e-cigs as tobacco products in their laws. It is important to note that some counties, cities, or municipalities may have their own bans in public places or certain buildings, so you should also consider local laws and ordinances before vaping.

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.

How old do you have to be to be in the military?

Must be 21+ or 18 years old in the active military (Sections 22958 (a) and 22963 (a) ). Must be 21+ for mail order service ( Section 22963 (a-b) ).

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 many states are taxing e-cigarettes?

As of June 30, 2021, 29 states (California, Colorado, Connecticut, Delaware, Georgia, Illinois, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oregon, Pennsylvania, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming), the District of Columbia, Puerto Rico and the U.S. Virgin Islands have passed legislation that requires a tax on e-cigarettes. Twelve states (Connecticut, Delaware, Kansas, Louisiana, New Jersey, North Carolina, Ohio, Utah, Virginia, Washington, West Virginia and Wisconsin) tax e-cigarettes per milliliter of liquid or consumable material. Fourteen states (California, Colorado, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New York, Oregon, Pennsylvania, Utah, Vermont, and Wyoming), the District of Columbia, and the U.S. Virgin Islands tax e-cigarettes on a percentage of a specified cost. Georgia, Kentucky, New Hampshire and New Mexico tax closed e-cigarette systems (prefilled cartridges) per milliliter of liquid and open e-cigarette systems (refillable cartridges) on a percentage of a specified cost. Puerto Rico taxes the e-cigarette device themselves if disposable, and the nicotine cartridge per milliliter of consumable liquid.

What states have e-cigarette laws?

As of March 31, 2021, 15 states (California, Colorado, Delaware, Hawaii, Massachusetts, Minnesota, New Jersey, New Mexico, New York, North Dakota, Oregon, Rhode Island, South Dakota, Utah and Vermont) the District of Columbia and Puerto Rico have passed comprehensive smokefree indoor air laws that include e-cigarettes. These laws prohibit smoking and the use of e-cigarettes in indoor areas of private worksites, restaurants, and bars.#N#Effective October 1, 2018, Alaska implemented new legislation prohibiting smoking and the use of e-cigarettes in indoor areas of private worksites, restaurants, and bars. Also included in the legislation is an option for a municipality to opt out of these provisions through a voter referendum. Because municipalities in Alaska are able to exempt themselves from this legislation, it is not considered to be a comprehensive smokefree indoor air policy that includes e-cigarettes.

How many states will have e-cigarettes in 2021?

As of June 30, 2021, 32 states (Alabama, Alaska, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, Ohio, Pennsylvania, Rhode Island, Texas, Utah, Vermont and Washington), the District of Columbia, the Northern Mariana Islands, Palau and the U.S. Virgin Islands have passed legislation that requires a retail license to sell e-cigarettes over-the-counter.

What is e-cigarette tax?

Type of Tax: E-cigarette tax is collected on a percentage on one of three levels—to the manufacturer, to the wholesaler, or to the retailer. Percent Value: E-cigarette tax collected at the manufacturer, retailer, or wholesale level as a percentage of the product price. Top of Page.

What is the legal age to sell e-cigarettes?

A federal law enacted on December 20, 2019, raised the federal minimum legal sales age for all tobacco products, including e-cigarettes, from 18 to 21 across the United States. It does not limit states, territories, localities, or tribes from enforcing their own, additional youth access laws or from setting their own minimum legal sales age higher than age 21.

When will e-cigarettes be legal in Connecticut?

In Connecticut, the comprehensive smokefree indoor air law that includes e-cigarettes becomes effective on October 1, 2021.

Which states are allowing the sale of e-cigarettes to underage people?

As of March 31, 2021, all 50 states, the District of Columbia, Guam, the Northern Mariana Islands, Palau, Puerto Rico, and the U.S. Virgin Islands have passed legislation prohibiting the sale of e-cigarettes to underage persons.

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