Vaping FAQs

what is the legal vaping age in florida

by Mabel Rosenbaum MD Published 2 years ago Updated 1 year ago
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21

Full Answer

What is the legal age for vaping?

The legal age is also 21 for those residing in the District of Columbia and the U.S. Territory of Guam. In the states of Alabama and Alaska, you need to be 19 if you want to purchase and use a vaping product. In all the other US states and territories, the legal age is 18.

Is vaping banned in Florida?

Vaping in most indoor workplaces is banned in Florida starting July 1, 2019. Several new laws go into effect next week, including a ban on vaping in indoor workplaces. The vaping ban that takes effect July 1 is an extension of the Florida Clean Indoor Air Act, originally passed in 1985 to protect people from secondhand smoke, and modified several times over the last 30 years.

Do smoking laws apply to vaping in Florida?

Smoking laws specifically apply to "tobacco", so the laws don't apply to vaping; yet. Some states are moving towards including vaping in their laws. As the article states, Florida is behind the times as we still allow smoking in bars for no good modern reason.

What is the legal age to smoke in Florida?

In Florida, you had to be at least 18 to purchase a cigarette, though the state’s Senate did attempt to pass a bill known as “Tobacco21” or T21 (Bill 1618) earlier this year to raise the age to 21. … The county became the first in Florida to raise the minimum age for tobacco sales from 18 to 21 last January.

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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.

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 is the age limit to buy tobacco in Florida?

Gov. Ron DeSantis signed a measure last week that raises the age to buy tobacco and nicotine products from 18 to 21. The bill received strong support from both sides of the political aisle in the Florida Legislature, yet public health groups remain strongly opposed it.

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

Florida just raised the legal age to smoke and vape to 21 – so why are public health groups so unhappy? Gov. Ron DeSantis signed a measure last week that raises the age to buy tobacco and nicotine products from 18 to 21.

How old is too old to smoke in 2019?

The Trump administration raised the age of smoking tobacco and nicotine from 18 to 21 in 2019, as have at least 30 other states and more than 540 localities across the country (including in Martin and Alachua Counties), according to Tobaccofreekids.org.

How many people use e-cigarettes in high school?

The use of electronic cigarettes among high school users soared exponentially over the last decade, and there are currently 3.6 million youth currently using e-cigarettes, according to the FDA. However, the number of teenagers has dropped by an estimated 1.73 million over the last year.

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

military, despite the fact that the Defense Department changed the legal age to smoke in the military to 21 years old.

Who sponsored the Florida bill?

The bill was sponsored in the Florida House by Tampa Republican Jackie Toledo (pictured) and Miami Democrat Nick Duran and in the Senate by Palm Bay Republican Travis Hutson.

What is the age limit for vaping in Florida?

The minimum age to purchase tobacco and nicotine products — such as vaping devices — goes up to 21 on Oct. 1, but that's only half the story behind a new Florida law. Federal law had already raised the minimum age for cigarette and e-cigarette sales to 21.

Who is the president of the Florida Smoke Free Association?

Distinguishing smoking devices that contain nicotine from tobacco-borne cigarettes is important to more than 1,000 small businesses that sell the products, said J.D. McCormick, president of the Florida Smoke Free Association, which represents vaping retailers.

Who passed the bill to ban tobacco?

A bill sponsored by Sen. Travis Hutson, R-St. Augustine, passed and signed into law by Gov. Ron DeSantis on Friday does away with local restrictions on the retailing of tobacco and nicotine products.

Who vetoed the 2020 cigarette bill?

The 2020 bill was vetoed by DeSantis, who cited concerns about e-cigarette users turning to cigarettes or the black market. This year he signed the nicotine bill without commenting on it.

Is vaping as effective as nicotine patches?

During a March hearing of the Senate Regulated Industries Committee, chaired by Hutson, McCormick noted that vaping that's free of tobacco smoke is "two times as effective" as nicotine patches or gum for those individuals who are attempting to quit smoking. Hutson's bill had bipartisan support, passing the Senate 29-9 and the House 103-13.

What is the legal age to vape in Florida?

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.Supporters say the measure is necessary to stop youth vaping.“We are sending a message to the Florida legislature or our government that we want to make sure that people are doing the best thing possible following obviously the federal law, but reinforcing it in the state of Florida. And, we want people will be healthy and we want to be protected and we want them to understand the consequences of smoking or vaping," said State Representative Matt Whillhite. New Florida laws go in effect on Oct. 1: What you need to knowWhillhite said the law will also make it illegal to smoke or vape within 1,000 feet of a school. “The bigger thing that this does to is it gives some setbacks for schools, in school zones and district campuses for this vaping. I think you have to be 1,000 feet away and stuff and so that in itself should tell you that we want to look out for the safety protection of our kids," Whillhite said.Political headlines: Florida sues Biden administration over border crisis, DeSantis announcesThe bill has drawn opposition from some prominent health groups, in part because it does away with local restrictions on the retailing of tobacco and vaping products.“It could have a negative impact, I feel, on Florida youth. It will be more easily accessible for them to purchase these products... The law was not needed. It was not necessary. So, the age was already 21, even without this law." said Tiffany Henderson with American Heart Association.The new law goes into effect on Oct. 1. To read the full bill, click here.The latest: WPBF 25 News coverage on Politics

How far away from a school can you smoke?

Whillhite said the law will also make it illegal to smoke or vape within 1,000 feet of a school.

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, ...

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 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 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 ).

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 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) ).

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New Legal Age to Vape Is 21

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SB 1080 is a new version of a bill that was vetoed by Governor DeSantis last spring. That bill was a bipartisan effort to rein in flavored vaping products in the state by imposing a full ban on their sale and purchase. It also would have raised the minimum age to 21. After fierce opposition from the vaping industry in Florida – …
See more on vapingdaily.com

Who Are The Opponents of The Bill?

  • Even though SB 1080 is meant to protect underage Floridians from beginning smoking or vaping, some public health advocates are against it. They argue that local towns and municipalities are being stripped of the right to impose local ordinances to protect public health. With this new law in place, they will not be able to, for example, ban the sale and purchase of flavored vaping prod…
See more on vapingdaily.com

The Response to The Criticism

  • 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 banbill. DeSantis w…
See more on vapingdaily.com

Closing Thoughts

  • Montana has also pursued a similar billthat 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.
See more on vapingdaily.com

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