Vaping FAQs

what is florida's law on minors and vaping

by Annie Turcotte Published 1 year ago Updated 1 year ago
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Florida Vaping Laws Regarding Minors
Florida Statutes 877.112 states that anyone under the age of 18 is prohibited from possessing an e-cigarette or any other types of nicotine dispensing products.

What is the legal age to vape in Florida?

The federal minimum is 21, making Florida the only state not to have such protections in place. The proposed legislation would not ban or remove any products from vape shops in the state but make it harder for minors to purchase those products.

Will Florida regulate vaping in the state?

The last time Florida vaping laws tried to regulate vape retail sales in the state, Governor DeSantis soundly vetoed the bill for its proposal to ban flavored vaping products in the state.

What are the laws for vaping in Washington State?

Washington Vaping Laws: In Washington, the minimum legal age to purchase “vapor products” (any product that may contain nicotine, including vape pens) is 21. The minimum legal age to possess vapor products is 18. The state of Washington does not define e-cigarettes as tobacco products.

What are the laws about vaping in schools in PA?

Vaping by persons under 21 years of age prohibited in, on, or within 1000 feet of a school between 6am and midnight. Use of electronic cigarettes and nicotine dispensing devices in courthouses of Sixth Judicial Circuit and within 50 feet of entrances thereto prohibited. Admin. Order No. 2015-008 PA/PI-CIR (2022)

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

When will vaping be banned in Florida?

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

Can you vape in Florida?

Is it legal to vape in Florida?

Is vaping legal in Florida?

Can you vape while driving?

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Is it legal for minors to vape in Florida?

Florida Vaping Laws: Florida does not define e-cigarettes as tobacco products. While the sale and possession of any products that contain nicotine to anyone under 18 are illegal, minors can possess nicotine-free vape pens. Many schools ban the possession of all vape pens and accessories.

What happens if you are caught vaping under 18 in Florida?

You can be charged with possession, a noncriminal violation. You might be punished with 16 hours of community service or a $25 fine. In addition, you may also have to attend a school-approved anti-tobacco program. Your driver's license can also be suspended.

What is the age limit for vaping in Florida?

21A sign must be posted, in a clearly visible area, including messaging that states the point that: SALE OF NICOTINE PRODUCTS OR NICOTINE DISPENSING DEVICES TO PERSONS UNDER THE AGE OF 21 IS AGAINST FLORIDA LAW. PROOF OF AGE IS REQUIRED FOR PURCHASE.

Is vaping against the law in Florida?

Florida Constitutional Amendment 9 prohibits the use of vaping devices in enclosed indoor workplaces. Exceptions include private residences that are not being used for commercial childcare, adult care, or healthcare; retail tobacco and vape shops; designed smoking guest rooms in hotels; and stand-alone bars.

What happens if you get caught with a vape under 21 in Florida?

Florida Vaping Laws Regarding Minors Breaking this law is considered a misdemeanor of the second degree. Penalties may include a maximum fine of $500 and up to 60 days in jail. Committing this offense again within a year of a previous conviction elevates this to a first-degree misdemeanor.

What are the consequences of vaping as a minor?

Using nicotine in adolescence can harm the parts of the brain that control attention, learning, mood, and impulse control. Each time a new memory is created or a new skill is learned, stronger connections – or synapses – are built between brain cells. Young people's brains build synapses faster than adult brains.

How old do you have to be to buy a vape in Florida 2022?

THE SALE OF TOBACCO PRODUCTS, NICOTINE PRODUCTS, OR NICOTINE DISPENSING DEVICES TO PERSONS UNDER THE AGE OF 21 IS AGAINST FLORIDA LAW.

What is the legal age to vape?

The short answer is no; anyone under the age of 18 cannot legally purchase any vaping equipment, including eliquids and devices, therefore should not be able to vape before this age.

How old do you have to be to vape without nicotine?

Because it is defined as a tobacco product, it is illegal for a retailer to sell zero-nicotine e-liquid to anyone under 21.

Is it legal to vape with a child in the car?

“'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.

Are flavored vapes banned in FL?

But in Florida, the legislature passed a bill banning e-cigarette flavors anyway. The bill would have killed the state's vape shops and denied smokers the most popular alternative to cigarettes. Gov. Ron DeSantis, however, listened to Florida vapers and public health experts and vetoed the bill.

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.

Can a 16 year old possess a vape?

The short answer is no; anyone under the age of 18 cannot legally purchase any vaping equipment, including eliquids and devices, therefore should not be able to vape before this age.

Can an 18 year old buy a vape in Florida?

Sale/distribution of nicotine dispensing devices or nicotine products to persons under age 21 (unless active duty military member) prohibited. Possession of nicotine dispensing devices or nicotine products by persons under age 21 (unless active duty military member) prohibited.

Can you vape as a minor?

As a tobacco product, sales of such devices to anyone under 21 is strictly prohibited (under 21, but over 18 is permissible if one is active duty military). California Business & Professions Code §§ 22958(a) and 22963(a), as well as Penal Code § 308(A)(1)(a).

Is it legal to vape with a child in the car?

“'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.

New Florida vaping, smoking law goes into effect Oct. 1 - WPBF

A new law will raise the state’s legal age to vape and smoke tobacco from 18 to 21, a threshold that already exists in federal law.

E-Cigarette Regulations - Florida | Public Health Law Center

A snapshot of Florida state e-cigarette regulations, as of June 15, 2022. This page is updated quarterly by the Public Health Law Center.

What is an e-cigarette?

How does the state define an e-cigarette? Nicotine dispensing device means “any product that employs an electronic, chemical, or mechanical means to produce vapor from a nicotine product, including, but not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product, ...

What is a nicotine product?

Nicotine product means “any product that contains nicotine, including liquid nicotine, that is intended for human consumption, whether inhaled, chewed, absorbed, dissolved, or ingested by any means, but does not include a: (1) Tobacco product, as defined in § 569.002....”. Fla. Stat. § 877.112 (1) (b) (2021)

Is vapor generated electronic device allowed in enclosed indoor workplaces?

Use of vapor-generating electronic devices are prohibited in enclosed indoor workplaces, except private residences when not in use as child, adult or health care facilities, with some exceptions. Fla. Const. Art.

What age can you buy tobacco?

One big provision is that young people won’t be able to buy tobacco or nicotine products until they’re 21. The minimum age used to be 18.

Will Florida match federal tobacco laws?

If Gov. Ron DeSantis signs off on the bill passed by the Legislature, Florida laws will match federal standards on tobacco regulation.

Does Florida have vaping laws?

Teens and parents: the Florida Legislature passed vaping regulations. Here's what to expect - Florida Phoenix

Is e-cigarettes harmful?

E-cigarettes are considered less harmful than regular cigarettes but the aerosol can contain harmful substances, such as nicotine, lead and other substances that can cause cancer, according to the CDC.

What is the legal age to vape in Florida?

Vaping bill that raises legal age in Florida from 18 to 21 headed to governor. The Florida House on Wednesday gave final approval to a bill that would regulate the sale of electronic cigarettes and raise the state’s legal age to use tobacco and vaping products from 18 to 21.

What is the legal age to smoke and vape?

The bill would raise the state’s legal age to smoke and vape to 21, a threshold already established in federal law. It also would create a state regulatory framework for the sale of electronic cigarettes.

How old do you have to be to smoke in Florida?

The Florida House on Wednesday gave final approval to a bill that would regulate the sale of electronic cigarettes and raise the state’s legal age to use tobacco and vaping products from 18 to 21.

Why is preemption needed in Tallahassee?

Supporters have said “preemption” of local regulations is needed, at least in part, because retailers could have multiple stores in different areas, which would make it hard to follow varying regulations and do business. Never miss a story: Subscribe to the Tallahassee Democrat using the link at the top of the page.

What is the legal age to buy vape in Florida?

Governor Ron DeSantis recently signed a law that raised the minimum age to purchase any tobacco products in Florida, including vaping products from 18 to 21. The signing comes almost a year after DeSantis vetoed a similar bill. The Governor refused to sign the bill owing to its restrictions on the sale of flavored vaping products.

Who is the Democrat in the vaping ban?

The bill was a bipartisan effort of two Republicans, Representative Jackie Toledo and Senator Travis Hutson, and a Democrat, Nick Duran of Miami. All three have spoken out about the potential harm reduction properties of vaping, which is something that Governor DeSantis also mentioned in a statement released last year after vetoing the flavored vaping ban bill.

What does Bob Rommel say about the law in Naples?

Naples Republican Bob Rommel said that the law cuts the red tape for retailers who no longer have to clear legislative hurdles at the local, state, and federal levels. Preempting local governments streamlines the process to get licenses or to pay fees rather than creating a byzantine bureaucracy.

Is there a bill in Montana that would prevent municipalities from passing local laws specifically against vaping products?

Montana has also pursued a similar bill that would prevent municipalities from passing local laws specifically against vaping products. The Montana bill is currently up for review and may or may not be signed by Governor Greg Gianforte. The new Florida law is set to go into effect this October.

Did the Florida governor sign the vaping bill?

After fierce opposition from the vaping industry in Florida – which is the home to many domestic vaping companies – the governor did not sign the bill. This new watered-down bill removed the restrictions on flavored vaping products, but it is controversial for another amendment.

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 ).

How old do you have to be to get a coupon?

Must be 18 years old, including redeeming a coupon for the product ( Sections 161.082 and 161.087 ), unless with a parent, guardian, or spouse ( Section 161.252)

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) ).

What is the minimum age to vape in Florida?

The federal minimum is 21, making Florida the only state not to have such protections in place. The proposed legislation would not ban or remove any products from vape shops in the state but make it harder for minors to purchase those products.

What is the age limit to buy tobacco in Florida?

Another point of contention is that SB 1080 will not raise the minimum age to buy tobacco products to 21 for active-duty military members, which is now 18 in Florida. Some common sense in Florida: The bill places tobacco and vaping regulations into separate statutes.

Do vape shops have to pay for e-cigarettes?

This new bill sponsored by State Rep.Travis Hutson will require vape shops in the state to apply for a special license to sell e-cigarettes. The vape shops will not be required, however, to pay for this fee. Many argue that the absence of this fee or any other penalties for violators makes the bill toothless and ineffective.

Will the new vaping bill ban vaping?

As this new bill will not ban any specific products, many in the vaping community favor it. The vaping industry has always favored restricting access to nicotine vaping products for minors and young people, which is what this bill promises to do. It also frees independent vape businesses from punishing fees to obtain licenses, which previous bills have tried to achieve.

Is Florida a vaping state?

The Florida legislature is considering new vaping regulations after a bill to ban flavored vaping products was veto ed by Governor Ron DeSantis last year. The original bill was supported by several public health advocates and anti-vaping activists. That bill was eventually passed by the House and Senate but was vetoed by DeSantis, ...

What age can you vape?

In general, you can assume that your state treats the sale and use of vaping products by minors just as they do tobacco cigarettes – still sticking to the minimum age limit of 18.

Where Can I Purchase Quality Vape Products If I Am Over the Age of 18?

If you are 18, and can legally purchase and enjoy vape products, then you should choose a reputable business with high quality products such as e-cigs, vaporizers, starter kits, and e-juices. VaporFi can be your one-stop shop for all your vaping needs once the time is right, so feel free to browse our selection and pick a few favorites if you are 18 or older!

What is vaping juice?

Vaping involves inhaling a vapor through an e-cigarette or electronic vaporizer. The vapor may be a product of an e-liquid (also referred to as vape juice and e-juice), a dry herb, or concentrate. Every e-cig and vaporizer contain a heating element that raises the temperature of the chosen substance, chemically transforming it into a vapor form. Vape juices come in a range of different flavors, which is a big and exciting factor in the overall experience.

Is vaping a similar product to tobacco?

The FDA has a hand in the laws on vaping as well, categorizing e-cigarettes as a similar product to tobacco cigarettes (despite their differences). As a result, FDA regulations that are placed on tobacco cigarettes are similarly applied to e-cigarettes and vaporizers. This includes the age requirement, a valid photo ID needed for purchase, and a nicotine warning label placed on all nicotine-containing products by 2018.

Is vaping a teenager?

As it turns out, vaping has also caught the attention of teens and young adults as well. Similar to the time during which tobacco cigarettes were at the height of their popularity, vaping has become an interesting thing that teens are wanting to try. However, if you are a teen or young adult who wants to venture into vaping, ...

Is vaping better than smoking?

With the skyrocketing popularity of vaping and e-cigarettes, more people are becoming interested in trying it for themselves. Many experts are touting it as a far better alternative to tobacco cigarettes, with potentially less worrisome health effects.

Is e-cigarettes safer than tobacco?

However, scientists do generally agree that it is an optimal alternative to tobacco cigarettes, with Public Health England going so far as to state that e-cigarettes are 95 percent less harmful than traditional smoking, according to their 2015 studies.

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

The Legal Age For Smoking In Florida: 21 years old.

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 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.

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