Vaping FAQs

what states have a vaping ban

by Ursula Stoltenberg Published 1 year ago Updated 1 year ago
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As of June 30, 2022, 17 states (California, Colorado, Connecticut, Delaware, Hawaii, Massachusetts, Minnesota, New Jersey, New Mexico, New York, North Dakota, Ohio, Oregon, Rhode Island, South Dakota, Utah and Vermont) the District of Columbia and Puerto Rico have passed comprehensive smokefree indoor air laws that ...

Which state banned vaping?

New York on Sept. 17 became the first state to actually implement a statewide ban on most flavored nicotine vaping products, just days after Gov. Andrew Cuomo called for emergency action. Cuomo’s policy drew some derision from public health advocates, however, because it does not restrict the sale of menthol-flavored products.

What is the state of Washington's vaping ban?

In Washington state, health officials on Oct. 9 passed an emergency rule banning the sale of flavored vaping products. The 120-day rule went into effect following an executive order from Gov. Jay Inslee, who called on the state’s Board of Health to ban all flavored vaping products, including those containing THC. The decision was met with fierce opposition from e-cigarette users who said they had used the products to quit smoking, as well as vape shop owners. Some chanted “shame” at the Board of Health’s voting session, the Seattle Times reports.

How long is the Michigan vaping ban?

The emergency ban was made official on Sept. 18, and was set to last 180 days. Retailers were given two weeks to comply with the policy—but on Oct. 15, a Michigan Court of Claims judge sided with retailers who claimed in a lawsuit that Whitmer overstepped her authority by enacting the ban, the Detroit Metro Times reports. The judge’s injunction, which lasts six months, means shops can once again sell flavored vaping products, the Metro Times reports.

How long is the vaping ban in place?

NBC 10 News reports it will be in place for 120 days afterwards. The state can then extend it for another 60 days. At the signing of the order, Raimondo called vaping a “public-health crisis” for children, and said she is convening a group of medical experts to advise her on the best ways to contain the problem.

Why did Massachusetts ban marijuana?

A release from Baker’s office suggests that Massachusetts lawmakers chose to ban both marijuana and nicotine products due to continuing uncertainty over what is causing the lung illnesses reported across the country.

Which city has banned e-cigarettes?

Over the summer, San Francisco —where Juul is based— became the first major U.S. city to ban the sale of all nicotine e-cigarette products. A Juul-backed coalition opposes the ban, and it will go before a public vote in November. The Los Angeles County Board of Supervisors is moving toward a similar ban on flavored products.

When did the vape ban take effect in Montana?

The rules were set to take effect on Oct. 22, but a Montana judge on Oct. 19 signed a temporary restraining order that blocked the policy, after vape shop owners filed a lawsuit claiming the action was overly restrictive and could put stores out of business.

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 ).

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 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) ).

How do state laws change?

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law (s) you are researching.

Which state banned vaping?

New York on Sept. 17 became the first state to actually implement a statewide ban on most flavored nicotine vaping products, beating Michigan by just one day. But Gov. Andrew Cuomo’s emergency regulation, good for three months, did not immediately outlaw the sale of menthol-flavored products.

How many states have banned vaporizers?

Officials in all 50 states have released public warnings in the past 60 days urging residents to exercise extreme caution when using vaporized products, or, in most cases, to avoid their use altogether. 7 states have now implemented bans or partial bans. If your state is not listed below, no recent action has been taken.

How many people use vapes in Montana?

Gov. Bullock told the Associated Press the ban is designed to curtail vaping by Montana’s teens. State officials estimate about 22,000 people between ages 12 and 18 use vaping products regularly .

Why did Michigan ban vaping?

Gretchen Whitmer said the first-term Democrat enacted the ban to “prevent predatory corporations from getting our kids hooked on nicotine.” Whitmer also said she would ban the advertising of vaping products via misleading terminology like healthy, safe, and clean.

What bill would ban flavored cigarettes?

Republican State Rep. Grant Wehrli filed a bill on Sep. 13 to create the Flavored Tobacco Ban Act. If passed during next year’s legislative session, House Bill 3887 would ban the sale of both flavored e-cigarettes and flavored tobacco products.

When did the Los Angeles County Board of Supervisors vote to ban vape pens?

On Oct. 1 , the Los Angeles County Board of Supervisors voted unanimously to ban all flavored tobacco products, which includes vape pens and e-cigarettes. Golden State officials instead are fighting back with propaganda. Gov.

When will Massachusetts ban vaping?

Governor Charlie Baker on Tuesday, Sept. 24, initiated a full ban of all vaping products and devices in the state for four months. The first of its kind in the nation, Massachusetts’ ban applies to both online and retail sale of all kinds of nicotine and cannabis vaping products through Jan. 25, 2020.

State Locator

Select your state from the map or list below to see Calls to Action, legislator information, current vaping laws, taxes, and more!

All Calls to Action

Stop SB 621 and SB 2278 which would impose a 70% wholesale tax on vapor products and prohibit direct-to-consumer shipping.

Where do vaping bans happen?

Most vape bans in the U.S. happen at the state and local levels .And while a few California cities—notably San Francisco—have banned sales of all vaping products, most American vape restrictions involve flavors and online sales. There are only a few of each, despite the large number of vaping bans that have been proposed in state legislatures in recent years—proof that grassroots opposition can stop bad legislation.

How many countries have banned vaping?

There are more than 40 countries that have some type of ban on vaping—either on possession and use, sales, or importation, or a combination. What we have attempted here is to list U.S. state flavor and online sales bans, and the sales and use bans imposed in other countries.

Which cities have flavor bans?

Major cities with flavor bans include Chicago, IL; Oakland and San Jose, CA; and Boulder, CO. Hundreds of smaller cities and counties—mostly in California—have flavor bans, as do some larger cities whose bans have since been superseded by state bans (like New York City and Newark, NJ)

Is there a central repository for information on vaping laws?

Our list is extensive, but maybe not definitive. Laws change frequently, and there is no central repository for information on worldwide vaping laws that is updated in real time. While our list includes some original research, these are the primary sources:

Does the FDA regulate vaping?

The FDA has federal authority to regulate vaping products. In September 2020 the agency began reviewing Premarket Tobacco Applications (PMTAs), and has signalled it will not authorize flavored products without extraordinary evidence. Whether the agency will be successful creating an unwritten standard that eliminates legal flavored products (except tobacco and menthol) may be determined by federal courts.

When did e-cigarettes start being banned?

shores in 2007.

Which countries have no laws on vaping?

Asia. Bangladesh . Bangladesh currently has no laws or regulations specific to vaping. However, in December 2019 a health ministry official told Reuters that the government is “actively working to impose a ban on the production, import and sale of e-cigarettes and all vaping tobaccos to prevent health risks.”. Bhutan.

Where is the vaping ban?

San Francisco, California, has enacted a temporary ban on the sale of all vaping products.

Which states have banned menthol?

Massachusetts. New Jersey. New York. Additional Restrictions and Flavor Bans. Chicago, Illinois, has temporarily banned the sale of flavored nicotine products, including menthol.

Is menthol legal in New Jersey?

New Jersey has also banned the sale of flavored nicotine products, including menthol and any nicotine-free items (excluding tobacco).

Is there a ban on menthol in Massachusetts?

Massachusetts has enacted a temporary ban on the online sale of flavored nicotine products, including menthol, and any product with a nicotine strength over 35mg.

Is menthol banned in Illinois?

Chicago, Illinois, has temporarily banned the sale of flavored nicotine products, including menthol. This ban does not include flavored nicotine-free products. Massachusetts has enacted a temporary ban on the online sale of flavored nicotine products, including menthol, and any product with a nicotine strength over 35mg.

Does Electric Tobacconist have a state-specific law?

Electric Tobacconist complies with all federal and state-specific laws and regulations. Please see below for a list of state-based restrictions related to vaping products.

Is menthol legal in Pennsylvania?

Philadelphia, Pennsylvania, has enacted a ban on flavored nicotine products, including menthol. This ban does not include nicotine-free liquid. The city also prohibits the online sale of e-liquid that contains nicotine salt.

How long is the vaping ban in Oregon?

Established by Oregon health officials on October 11, 2019, a new set of rules established in the state would forbid the sale of nicotine and cannabis vaping products for six months. This ban would also target “repeat-offending” retailer with fines up to $500 per violation, per day.

How long is the vape ban in Michigan?

Michigan’s emergency vape ban was introduced September 18 and was meant to last 180 days. Retailers were given two weeks to comply with the policies, but on Oct 15, ...

How long does the THC ban last?

The rule was set to last for 120 days and went into effect following an executive order from Gov. Jay Inslee, who called on the state’s Board of Health to ban all flavoured vaping products, including those that contain THC.

How long did it take for retailers to comply with the Michigan ban?

Retailers were given two weeks to comply with the policies, but on Oct 15, a Michigan Court of Claims judge sided with retailers in a lawsuit. The lawsuit was directly aimed at Whitmer and claimed she overstepped her authority by enacting the ban.

When will the state rewrite the ban?

The judge did give the state until October 28, 2019, to rewrite the ban and to hold a public hearing, as required by state law, so affected establishments could weigh in and provide how they would be fiscally impacted.

When did the Vapor Technology Association ban take effect?

While the ban was set to take effect on Oct 4, an appellate court placed a hold on the ban. This has allowed retailers to continue selling their products, and the State Supreme Court will now have to decide whether to grant the Vapor Technology Association a preliminary injunction on the ban.

When will e-cigarettes be regulated?

Existing and new brands will have until May 2020 to apply for this authorization or risk being removed from the U.S. market.

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Michigan

New York

Massachusetts

  • On Sept. 24, Gov. Charlie Baker declared a public health emergency in the face of more than 500 vaping-related lung illnesses and at least seven deaths reported to the U.S. Centers for Disease Control and Prevention (CDC), including five illnesses in Massachusetts. Baker also announced the country’s strictest vaping prohibition yet: a four-month, statewide ban on online and retail sal…
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Rhode Island

  • The day after Massachusetts’ ban was announced, Rhode Island Gov. Gina Raimondo signed an executive order directing the state’s Department of Public Health to ban the sale of flavored e-cigarettes in the state. Raimondo did not specify at the signing whether the order also applies to menthol flavors, but noted that the ban will not extend to unflavored tobacco products. At a brief…
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Montana

  • Gov. Steve Bullock on Oct. 8 directed Montana’s Department of Public Health and Human Services to draft emergency administrative rules that would ban the sale of all flavored e-cigarettes, including those containing THC and CBD, for 120 days. The rules were set to take effect on Oct. 22, but a Montana judge on Oct. 19 signed a temporary restraining orderthat blocked the policy, …
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Washington

  • In Washington state, health officials on Oct. 9 passed an emergency rule banning the sale of flavored vaping products. The 120-day rule went into effect following an executive order from Gov. Jay Inslee, who called on the state’s Board of Health to ban all flavored vaping products, including those containing THC. The decision was met with fierce op...
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Oregon

  • Following in its neighbor’s footsteps, Oregon health officials on Oct. 11 filed rules that would forbid the sale of flavored nicotine and cannabis vaping products for six months, and subject repeat-offending retailers to fines of up to $500 per violation, per day. As in other states, however, Oregon’s policy was partially blocked by an appeals judge, who halted the ban on nicotine produ…
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California

  • Though California has not enacted a statewide ban on vaping products, Gov. Gavin Newsom on Sept. 16 issued an executive order focused on curtailing the state’s youth vaping epidemic. Among other actions, the order allocates at least $20 million for a “vaping awareness campaign,” and calls on state agencies to develop recommendations for limiting the sales of vaping product…
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