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- How old do you have to be to vape in USA?
- Vaping Laws By State
- Alaska Vape Laws
- Alabama Vape Laws
- Arizona Vape Laws
- Arkansas Vape Laws
- California Vape Laws
- Colorado Vaping Regulations
- Connecticut Vaping Laws
- Delaware E-cig laws
- Florida Vape Laws
- Georgia Vaping Laws
- Hawaii E-cig Regulations
- Idaho Vape Laws
- Illinois Vaping Regulations
- Indiana Vape Laws
- Iowa Vape Laws
- Kansas E-cigarette Regulations
- Kentucky Vaping Regulations
- Louisiana E-cigarette Regulations
- Maine Vape Laws
- Maryland Vape Laws
- Massachusetts E-cigarette Bans And Regulations
- Michigan Vaping Laws
- Minnesota Vaping Laws
- Mississippi E-cigarette Laws
- Missouri Laws On E-cigarettes
- Montana E-cig Laws
- Nebraska Vape Laws
- Nevada Vape Laws
- New Hampshire E-cigarette Regulations
- New Mexico Vaping Regulations
- New York Vape Laws
- New Jersey Vape Laws
- North Carolina Vaping Laws
- North Dakota E-cig Regulations
- Ohio Vape Laws
- Oklahoma Vape Laws
- Oregon Vaping Regulations
- Pennsylvania Vape Laws
- Rhode Island E-cig Laws
- South Carolina Vaping Regulations
- South Dakota E-cig Laws
- Tennessee Vape Laws
- Texas Laws For E-cigarettes and Vaping
- Utah E-cigs Laws
- Vermont Vape Laws
- Virginia Vaping Regulations
- Washington Vape Laws
- West Virginia Vaping Regulations
- Wisconsin Vape Laws
- State By State Vaping Regulations
Facing pressure from tobacco control groups and concerned parents, Congress passed a federal Tobacco 21 law in December 2019. The new measure, included in the year-end federal appropriations bill, was signed into law by President Trump on Dec. 20 and took effect immediately. Although it covers cigarettes and other tobacco products, the impetus to pass the law came from concern over teen vaping.
The bill adds a line to the Food, Drug and Cosmetic Act stating that it “shall be unlawful for any retailer to sell a tobacco product to any person younger than 21 years of age.” It mandates that each state must show that the age limit is being enforced—even if the state itself has not passed its own Tobacco 21 law—or risk losing part of its federal substance abuse matching grants.
The new law does not impose penalties for purchase, use or possession (often called “PUP laws”) by those under 21, but only for retailers who sell to underage patrons. Current state and municipal laws that exempt certain groups (active-duty military members, for example) are now preempted by the federal law, which has no such exemptions.
Each state still has its own individual vape laws. The general state of vaping regulations remains a constantly changing mess. For example, an incorporated city in Los Angeles County can sell flavors. A vape shop in an unincorporated area cannot. Maryland just banned all flavored disposable vape devices. But flavored e-juice is still allowed. Vaping laws can be different from one block to the next in the United States, never mind state by state vape laws!
How old do you have to be to buy a vape? If you are too young to buy a vape but someone gives you an e-cig, how old do you have to be to vape? Will the person who bought you a vape be in trouble if you are underage? Is there an age limit to work in a vape shop? Can I work at a gas station that sells electronic cigarettes if I am underage? These are all very good questions. And the answers vary by state.
The guide to vaping laws by state will provide the most up to date answers available. Please note that listing vape laws by state does not necessarily include all municipal and county vaping regulations. Individual towns and cities often have additional age limits or other e-cigarette regulations.
Alaska Vape Laws
The legal age to buy tobacco and vapor products in Alaska is 21. The state does allow tobacco vending machines but with some key restrictions. Any vending machines selling cigarettes, JUUL pods, or any tobacco product must only be located in a bar, club, or package store. In addition, vending machines must not be near the entrance and under constant supervision.
Self-service displays of vapor products are limited to specialty vape shops. That means any retail display cases showcasing e-cigs and vape pens cannot be on the shelf of the corner store or gas station. Product display cases are limited to specialty vape shops.
Alabama Vape Laws
The legal age to buy vapor products in Alabama is 21. As of January 2020, no vape shop can operate within 1000 feet of a school, public library, church, childcare facility, playground, park, or anywhere children gather. If any current vape shop is within 1000 feet it must close unless it has been open for a period of 18 months or longer.
No business can sell vapor products unless an employee 21 or older is present. That means a kid working at a gas station cannot handle vapor products unless working with another employee who is 21 or older. A retail license is required to sell e-cigarettes. Online sales are allowed but only if third party age verification is used.
Arizona Vape Laws
Arizona Governor Doug Ducey is a rare proponent of vaping. Arizona is deliberating on whether or not to implement the 21 age limit now or wait for the complete FDA rules package expected in the summer of 2020. However, given that the FDA has the power to enforce the 21 age limit, the majority of Arizona vape shops and online retailers have adopted the new law.
Arkansas Vape Laws
The age limit to buy tobacco products in Arkansas is 21 years old as per federal law. Beyond the minimum age law, Arkansas is looking at state-wide vaping regulation, taxes, and licensing. Readers should be aware that individual counties also pass their own laws. For example, the age limit to buy e-cigarettes has been 21 in Benton County since the fall of 2019.
California Vape Laws
You must be 21 to buy tobacco or vapor products in California. The state raised the minimum age to 21 several years ago. Convenience stores and gas stations now scan IDs to verify age. Vapers are not allowed to vape inside a car carrying a child. Of course, it is illegal to buy or give a device to anyone under 21.
California is a massive state with 40 million people. That includes several major cities each with their own specific vaping laws. As an example, San Francisco has banned vape flavors. That may seem simple but it becomes convoluted very quickly. Cities in Los Angeles County can sell flavors but unincorporated areas cannot. Some cities require special licenses and some don’t. It all depends on the vaping laws of the county or city.
State lawmakers are studying the new federal laws and local laws within the state to see how each set of regulations impacts underage vape experimentation. However, there is a group of bipartisan lawmakers pushing for an immediate flavor ban now. The proposed flavor ban would exclude online sales, meaning online vape shops could still sell flavors to California customers. Governor Newsom is believed to support waiting for more data before supporting the new bill. But you just never know.
Colorado Vaping Regulations
The legal age to buy tobacco and vapor products in Colorado is 21. On February 21, 2020, a bipartisan group of Colorado lawmakers introduced a new bill that would ban all e-cigarette flavors, including menthol. The state also plans to include disposable vape products in the ban if it is passed.
Soon, it could very well be easy to buy cigarettes and marijuana in Colorado, but not e-cigs. Vape shop owners and vapers in Colorado have expressed concern, obviously. But so far no one appears to be listening. The Colorado ban is probably going to succeed at some point in 2020.
Connecticut Vaping Laws
The minimum age to buy tobacco products in Connecticut is 21 years old. The state increased the age from 18 to 21 in the fall of 2019. Additional Connecticut vaping laws include:
- A 40% tax per ml of vape juice.
- 10% wholesale tax on vaping hardware.
- Increase in licensing fees for tobacco and e-cig retailers.
- Increased fine for selling to underage users.
State regulators announced that they will be sending undercover purchasers to test the compliance of retailers. The purchasers will range in age from 16 to 20. Retailers that sell to undercover buyers will be fined.
Delaware E-cig laws
In July 2019, the State of Delaware minimum age to buy e-cigs is 21. The state also requires online sales to verify age with up to date age verification technology. Employees must be 21 to work at a vape shop. The new Delaware vape law implements fines of $1000 for buying an e-cigarette for anyone under 21 years of age.
Florida Vape Laws
You must be 21 to buy vapor products in Florida. The state adopted the FDA’s age 21 limit effective December 20, 2020. Earlier in 2019, a group of Florida lawmakers attempted to raise the age limit to 21 but the measure failed. However, the state did immediately act to follow the Trump administration rules.
Other Florida vaping laws include a ban on vaping in indoor spaces. In essence, vaping is banned anywhere smoking is banned. Currently, there is no effort to ban flavors.
Georgia Vaping Laws
Georgia and South Carolina do not yet consider vapor products to be tobacco products. Nonetheless, it is illegal to distribute free vapor products within 500 feet of a school or park. Chatham and Savannah County ban vaping from non-smoking areas. It is illegal to buy for anyone underage.
While Georgia has been open to the vapor industry, that could be starting to change. A proposed bill would impose a 7% tax on all vapor products. On top of that, retailers will be required to buy a special license to sell vapor products. Georgia lawmakers are also discussing increasing penalties for anyone who supplies a vapor device to anyone under 21.
Hawaii E-cig Regulations
The minimum age to purchase tobacco or vapor products in Hawaii is 21. In fact, Hawaii was the first state to raise the minimum tobacco age to 21 in 2017. Hawaii also makes it illegal for anyone under the age of 21 to possess a tobacco or vapor product. Hawaii used the Clean Air Act to ban vaping anywhere smoking is prohibited. In other words, vapor is treated like smoke under the law. More and more states are going in this direction.
One more interesting note in Hawaii. Some state lawmakers attempted to pass new legislation that would have raised the legal age to buy tobacco to 25. However, the minimum 25 age bill failed in February 2020.
Idaho Vape Laws
As per the December 2019 federal law, the legal age to buy vapor products in Idaho is 21 years old. Prior to the new federal law, the legal vaping age in Idaho was 18 years old. In March 2020, the Senate State Affairs Committee began work on legislation to bring the state laws in line with federal law.
Other Idaho e-cig laws include limiting vending machines to locations that restrict underage access. No underage individual can handle vapor products unless it is done so as part of a job stocking shelves or working in a retail store. Self-service displays are limited to specialty, adults-only shops. And online sales are allowed with third-party age verification. In addition, shipments of vapor products to Idaho must be labeled to indicate that the package is intended for someone of legal age.
Illinois Vaping Regulations
The state of Illinois has proven to be a nightmare for smokers seeking an alternative to tobacco. And for independent American e-cig companies. The minimum age to buy e-cigarettes or tobacco products in Illinois is 21. The law was put in place in July 2019. However, prior to that law, the legal age to buy in Illinois was a virtual guessing game. For example, Chicago raised the limit from 19 to 21. But if you lived in Evanston or Long Grove, the age limit was 19. Any retailer who sold to an undercover operative amid the confusing cacophony of conflicting age laws could expect to be, and were, sued.
Additional Illinois vaping regulations now in place include:
- Must be 21 to buy e-cigs in Illinois.
- No person shall purchase a vapor product for distribution to anyone under 21.
- Illinois imposes a 15% wholesale tax on vapor products.
- Vending machines selling tobacco products must be in adult-only businesses.
- Self-service displays are limited to specialty tobacco and vape stores.
Indiana Vape Laws
As per FDA direction and Congress mandate, the age limit to buy tobacco and vapor products in Indiana is 21. Prior to the federal law, Indiana vape laws required users to be 18 in order to buy vape devices, disposable pods, or e-liquids. The Indiana Senate is moving quickly to pair Indiana vape laws with the federal vaping regulations. Senate bill 1, SB1, will raise the minimum vaping age in Indiana to 21 years old.
In addition to enacting a 21 age restrictions for the state, SB 1 includes additional restrictions designed to increase public safety. For example, SB1 bans vitamin E acetate from use in vapor products. E-liquids do not use vitamin E acetate or any oils, but marijuana oil additives sometimes do. The CDC blames the THC oil lung illness tragedy on vitamin E acetate, especially in black market cannabis oils.
Additional Indiana e-cigarette regulations include:
- Self-service displays limited to adult-only specialty shops.
- Self-service of e-liquids is prohibited.
- Vending machines selling tobacco and vapor products are limited to adult-only locations.
- Online sales are permitted with age verification.
- Any shipments including vape juice must be labeled E-liquids and indicate that the shipment is intended for persons of legal age.
Iowa Vape Laws
The age limit to buy vapor products in Iowa is 21. Even though a 2019 effort by the Iowa legislature to raise the age limit to 21 stalled, the state government said that the new FDA age 21 limit will be immediately in effect in Iowa.
The state is also considering a new law banning vaping in all public places. Lawmakers are considering using the legal provisions of the Clean Air Act as the foundation for banning public vaping. Proponents of the bill target the summer of 2020 for implementation.
Kansas E-cigarette Regulations
As per federal law effective December 20, 2020, you must be 21 years of age to buy any tobacco or vapor product in the state of Kansas. Kansas vape laws assert that self-service displays be limited to adult-only establishments. Also, not e-cigarettes or vapor products are allowed on the grounds of juvenile detention centers.
The Kansas law says you must be 18 to buy e-cigs. But pending legislation will bring the state law in line with the Trump administration minimum 21 rule. The proposed Kansas vaping laws go far beyond the 21 age limit. If the new laws are passed, vending machines will be banned, licensing fees will increase, and flavors, including menthol, will be banned.
Kentucky Vaping Regulations
The state of Kentucky sets the legal age to vape at 18. But, the new federal law requires that you must be at least 21 to buy any tobacco or vapor product. In order to match the federal law, Representative Jerry Miller, a Louisville Republican, has introduced legislation to increase the legal age to vape in Kentucky to 21 years old.
In addition to increasing the minimum vaping age to 21, Miller’s bill also calls for a 25% tax on vapor products. As it stands now, Kentucky bans straw purchasing and requires any vending machines to be located within sight of a cashier at all times.
Louisiana E-cigarette Regulations
The state dictates that the legal age to buy vapor products in Louisiana is 18 years old. But the federal law that went into effect on December 20, 2020, requires that all purchasers of tobacco and vapor products must be at least 21 years of age. Based on reporting, the majority of vapor retailers in the state have already adopted the minimum 21 rule. However, as of March 2020, some vapor retailers were still selling to anyone over the age of 18 as they awaited more guidance from Louisiana Alcohol and Tobacco Control.
Other Louisiana vape laws include limiting self-service displays to specialty shops. Vending machines that sell vapor or tobacco products are allowed but only in places accessible to people of legal age.
Maine Vape Laws
The legal age to buy vapor products in Maine is 21. The vapor industry supports the 21 age limit but Maine is particularly harsh toward American e-cig companies and vape shops. The state has a 43% wholesale tax on vapor products. It is very difficult for a vape shop in Maine to turn a profit and prices for vape products are sky-high. On the other hand, Maine has the 16th lowest priced pack of cigarettes in the country.
The vaping community in Maine is worried about LD 2052, a new bill that will ban all vapor products and e-liquids. At least until the FDA approves vaping as a viable smoking cessation device. The bill is not yet approved but is still under consideration as of March 2020.
Maryland Vape Laws
The legal age to buy e-cigs in Maryland is 21. State lawmakers warmly embraced the FDA’s ban on flavored pods. In addition, the state took the additional step of banning all flavored disposable vapor products. That would include flavored Puff Bars and others. Tobacco and menthol disposables will still be available. At least for now.
The state continues to look at further and more draconian anti-vaping legislation. A complete ban on all vapor devices is still on the table as of March 2020. Beyond state actions, several Maryland counties are considering further restrictions. For example, Montgomery County is considering banning vape shops located near schools. It is estimated that the Montgomery Country ban would close as many as 19 of the 22 vape shops in the county.
Massachusetts E-cigarette Bans And Regulations
In the midst of the frenzy of the tragedy of the THC oil lung illness that began in the late summer of 2019, Massachusetts Governor Charlie Baker issued an executive order banning all vapor products. Not just flavors. But all vapor products. That includes vaporizers, pod systems, disposable vapes, e-cigs, vape liquids, all of it. The ban was ordered for four months and only recently expired. But for most vape shops, the damage was done.
The ban on all vapor products did not limit cigarettes. Deadly combustible tobacco products were widely available at every c-store and gas station throughout the duration of the complete vapor product ban.
The state of Massachusetts has not yet increased the minimum age to buy tobacco or e-cigs to 21. Instead, the federal government stepped in and as a result, the legal age to buy vapes in Massachusetts is 21. Additional Massachusetts vape laws include a ban on college campuses, no sampling allowed in vape shops, and e-liquids must be sold in child-resistant packaging.
Michigan Vaping Laws
The legal age to buy vapes in Michigan is 21. In the midst of the THC oil lung illness outbreak, Michigan Governor Gretchen Whitmer was the first to announce a ban of flavored vapor products. However, the ban was blocked by the courts. The State of Michigan pursued the matter to the Michigan Supreme Court. In late December 2019, the Michigan Supreme Court denied the Governor’s request to reinstate the ban.
Flavors are currently allowed in Michigan, but that may change if the state finds another way to implement a ban. Many Michigan teens were affected by the THC oil lung illness and the state is currently focusing more attention on the black market and THC oil problem. As a result, they may not aggressively pursue the vape flavor ban, at least not for the time being.
Minnesota Vaping Laws
Minnesota was debating the possibility of raising the age to buy vapes to 21. With the new FDA law, state lawmakers will comply. Currently, the state is looking at adding their own enforcement mechanisms to enforce the 21 age limit. For instance, they want to increase the fine for selling to a minor from $75 to $300 for a first offense. Fines would double for each additional offense but not exceed $1000.
While the state of Minnesota had yet to implement an age 21 minimum, more than 50 cities had already done exactly that. The majority of the population of the state has already adapted to the 21 age limit. The new federal laws should be relatively easy for any remaining jurisdiction to implement.
Mississippi E-cigarette Laws
The legal age to buy e-cigarettes in Mississippi is 21. The age limit increased from 18 to 21 based on the federal law that went into effect on January 1, 2020. Prior to the federal law, the Mississippi legal age to buy vapes was 18. However, many cities and counties had previously implemented a minimum age of 21. For example, the City of Oxford and Rankin County already had a 21 age limit.
The state does not currently require any special license to sell vapor products. Online sales must go through a third party age verification process. No student attending a high school junior high school, or elementary school is allowed to have a vapor product on school grounds.
Missouri Laws On E-cigarettes
According to the State of Missouri, the legal age to buy vapor products is 18. However, most of the populated counties of Missouri have long since required customers to be at least 21 in order to buy e-cigs. The new federal law dictates that you must be 21 to buy vapes in Missouri.
Missouri requires special licensing to sell vapor products in the state. In addition, any vending machines selling tobacco products must be placed in areas under constant supervision and must have the capacity to be locked out when no supervision is possible. Vaping is restricted to designated areas in state buildings. And of course, e-liquid must be sold in tamper-resistant packaging.
Montana E-cig Laws
As per the new federal law, the minimum age to buy e-cigarettes in Montana is 21. Prior to the federal law that went into effect on December 20, 2020, the legal age to buy vapes in Montana was 18 years old. However, Governor Steve Bullock did issue an emergency executive order banning e-cig flavors. The executive order was issued on October 20, 2019. But the Governor’s order was blocked by the courts. That is until December 18, 2019, when a judge finally upheld the Governor’s ban on flavors.
The flavor ban was limited to 120 days. To this day there is a dispute over when the ban will end. The Governor’s office says it will end on April 15. The vaping groups that have fought the Governor in court say that the 120-day ban expired on February 20, 2020. As of this time, the state has not indicated any proposed legislation to codify any additional e-cigarette laws.
Nebraska Vape Laws
The legal age to buy e-cigs in Nebraska is currently 19 but will be 21 by the summer of 2020. Nebraska is slow-walking the implementation of the new FDA rules. The state began by increasing the age limit from 18 to 19 effective January 1, 2020. Then by this summer, that state will fully enforce the new 21 age limit signed into law by the Trump Administration.
Several state lawmakers are pushing bills for additional Nebraska vape laws including a ban on vaping indoors and putting a tax on e-cigs. In fact, Omaha already has a tax on e-cigs. And other cities already have a ban on indoor vaping, especially in the workplace. Like most states, Nebraska is a mix of federal, state, and local laws that can be a nightmare for an e-cig business to try and sort through.
Nevada Vape Laws
The legal age to buy electronic cigarettes in Nevada is 21. Prior to the new federal law, the legal age was 18. State health agencies have already issued statements advising retailers that the new minimum age is 18. Other Nevada vape laws include:
- Vaping is banned anywhere smoking is not allowed.
- As of January 1, 2020, there is a new 30% tax on e-cigarettes. Proceeds from the tax are supposed to go to prevention programs.
- Online sales require age verification. Products shipped must be clearly labeled “Tobacco Products”.
- A special permit is required to sell vapor products.
New Hampshire E-cigarette Regulations
The legal age to buy e-cigarettes in New Hampshire is 19 but the state will adopt the federal age limit of 21 by the summer of 2020. There are some state lawmakers attempting to push through a ban on vaping flavors but Governor Chris Sununu will not support a flavor ban. The Governor feels that raising the minimum age to 21 will suffice.
Other New Hampshire vape laws include a requirement to sell e-cigarette and e-liquid products in their original packaging. The idea is to discourage the sale of black market vape liquids, which can be very dangerous. Also, the state levies stiff taxes on e-liquids, pods, and cartridges. But perhaps the most stringent, and effective, vape law in New Hampshire is the law that limits sales of vapor products to locations accessible only to those of legal age.
New Mexico Vaping Regulations
The minimum age to buy vapor products in New Mexico is now 21. The state previously had an exception allowing military personnel between 18 and 21 to buy vapes, but that loophole has now been closed. Earlier in 2019, New Mexico implemented an indoor ban on vaping. The ban applied to movie theaters, restaurants, offices, etc.
New Mexico also implemented a tax on vapor products in 2019. However, the process was not acrimonious. The state initially discussed a 25% tax, the same rate that applies to cigarettes. However, they worked with the local vaping community and vape shops to arrive at a compromise of a 12.5% tax on e-liquids.
New York Vape Laws
The legal age to buy vapes in New York is 21. That is the easy part! Governor Cuomo and the New York vaping community have been at odds for several years now. In 2017, the Governor implemented an indoor vaping ban. More recently, the Governor has moved aggressively to ban flavors.
Additional restrictions include:
- Ban all vape flavors except for tobacco and menthol.
- End the sale of e-cigs in pharmacies.
- Vape companies are not allowed to make any health or smoking cessation claims.
- Strict limits on advertising.
- Limit online sales to licensed vendors only.
- Restrict carrier oils used in vapor products.
Governor Cuomo issued an emergency order banning vape flavors. However, that ban has been repeatedly defeated in court. The Governor’s legislation will enact the flavor ban through the legislative process and overrule the court battles.
The restriction on carrier oils makes sense because of the THC oil lung illness. However, e-cig vape juice does not use carrier oils of any kind. It is the other restrictions and the flavor bans that have the New York vaping community upset. In New York City, the proposed restrictions are even more restrictive. Expect the battle between vapes and legislators to continue in New York.
New Jersey Vape Laws
The legal age to buy vapes in New Jersey is 21. The state of New Jersey now bans all flavored nicotine products. In fact, New Jersey was the first state to ban flavors via the legislative process. Furthermore, vape companies are not allowed to offer coupons or rebates to customers. Another piece of legislation designed to increase harsh fines on retailers who sell to anyone under 21 was vetoed by Governor Phil Murphy.
Other New Jersey jurisdiction enforce additional vaping laws. As an example, the City of Newark bans vaping in indoor public spaces. But there is a carve-out for vape shops. Once again, various cities and counties are looking at additional restrictions going forward.
North Carolina Vaping Laws
The legal age to buy a vape in North Carolina is 21. The state is following federal law. We should note that states that do not comply with the age 21 minimum law run the risk of losing federal funding. In North Carolina, there are currently no laws banning flavors, which is good news. However, the state does have a number of common-sense laws on the books such as:
- Prohibits the use of vapes in child care facilities.
- License required to sell vapor products.
- No tobacco or vapor product use on school properties.
- E-liquids must come in child-resistant packaging.
One final note of North Carolina vaping laws. There are a number of major colleges in the state, many of which have specific campus vaping regulations. Understand that local regulations may apply to the use of vapor products.
North Dakota E-cig Regulations
Retailers will not sell a vape or tobacco product to anyone in North Dakota under the age of 21. Although the state has yet to implement a minimum age of 21, the new federal law is now in effect. Also, the state requires online retailers to use age verification and require a signature for delivery. The state has not given any indication of how they intend to proceed with any additional e-cigarette regulations.
If the state is looking for an enforcement model, they will probably look to Devils Lake, ND. That city enacted a 21 minimum in early 2019. The City of Devils Lake imposes a $50 fine on any minor who buys a vape. And a fine of $500 for any retailer that sells a vapor product to anyone under 21 years of age.
Ohio Vape Laws
In Ohio, the age limit to buy vapor products has been 21 years old since September 2019. According to state laws, any clerk who sells to anyone under the age of 21 is subject to fines and up to 30 days in jail. Retailers face a minimum fine of $2000 with increasing penalties for subsequent offenses. Moreover, vending machines that sell tobacco products are limited to places that restrict access to people of legal age.
Ohio has one of the highest smoking rates in the country. In fact, 21% of adults in Ohio are smokers. In addition, 48,000 people in Ohio die from a smoking-related illness every year. Ohio Governor Mike DeWine has considered a flavor ban but as of this time, no such ban has been implemented.
Oklahoma Vape Laws
According to Oklahoma vape laws, you must be 18 to buy any vapor product in the state. But be aware that the new federal law passed by Congress and signed by the President requires that everyone in Oklahoma must be 21 in order to buy e-cigarettes. The federal law overrides state law. But that can be tricky for local law enforcement agencies to enforce. In response, there is a bill in the Oklahoma state legislature that will increase Oklahoma’s legal age to purchase tobacco products to 21. State Senator Greg McCortney has officially introduced Senate bill 1423. Then state and federal law will match making it easier to enforce on a local level.
Additional Oklahoma electronic cigarette laws include the prohibition of distributing vapor products within 300 feet of a playground, school, or any location used primarily by underage people. Plus vending machines and self-service displays are permitted only are specialty shops that limit entry to persons of legal age.
Oregon Vaping Regulations
The legal age to buy e-cigs in Oregon is 21. Vaping is not allowed within 10 feet of any entrance, window, or ventilation into a hospital. The restrictions on indoor vaping include 75% of all hotel rooms. Use of vape devices prohibited in any Department of Human Services child care home or facility. Once again the law specifically states no vaping within 10 feet of an entrance, window, or ventilation opening.
An executive order from the governor’s office put a temporary ban of e-cig flavors into effect until December 31, 2019. Then, in February 2020, the state legislature rejected a proposal to make a ban on flavors permanent. As a result, vape flavors have been saved and are legal in Oregon, at least for now. The next piece of legislation on the radar is an Attorney General’s proposal to ban online sales.
Pennsylvania Vape Laws
The legal age to buy e-cigarettes in Pennsylvania is 21 years old. There is an exception for military service members, who must be 18 or older to buy tobacco or vapor products. E-cigarettes are not allowed on any school grounds, school-owned vehicles, or any property under the control of a school district. Self-service displays must be restricted to vape or smoke shops where you must be of legal age to enter the premises.
Pennsylvania imposes high taxes on vapor products. The taxes include 40% of products and 55 cents per ounce on vape liquids. Pennsylvania vape shops have been hit hard by the taxes as well as municipal and county regulations. In February 2020, the state passed a new law banning vaping and smoking within 30 feet of any playground located in a state park.
Rhode Island E-cig Laws
According to the new federal law, you must be at least 21 years of age to purchase any e-cigarette, e-liquid, or tobacco product in the state of Rhode Island. Previous to the new federal age 21 limit, the legal age to purchase vapes in Rhode Island was 21. Governor Raimondo was more focused on flavor bans that considering an age limit to protect children.
On October 4, 2019, Governor Raimondo used an executive order to implement a four-month ban on all e-cigarette flavors. Vape shop owners report that the flavor ban has cost them 75% of sales. Despite decimating local businesses, the Rhode Island legislature is considering making the ban permanent. Currently, the state prohibits vaping anywhere smoking is not allowed and retailers require licensing to sell vapor products.
South Carolina Vaping Regulations
Although South Carolina has had a number of proposed vaping laws designed to crack down on the industry, none of the laws have gone into effect. As of now, there are no flavor bans, vape bans, special license requirements, or vape taxes in South Carolina. The minimum age to buy e-cigs in South Carolina is 18 years old. However, the new federal law requires purchasers to be at least 21.
As lax as South Carolina vape laws seem to be, in reality, the state has common-sense laws that help prevent kids from getting access to most vape devices. For example, minors are not allowed to enter a vape shop. Vending machines that sell tobacco products cannot be anywhere where minors are allowed. Online retailers must use age verification. Although these laws do not stop Puff Bars and the Big Tobacco brands from selling at the corner store, what South Carolina has done is measured and they have not given in to the hysteria in the aftermath of the THC oil lung illness tragedy.
South Dakota E-cig Laws
The legal age to buy tobacco or vapor products in South Dakota is 18 years of age. However, federal law requires that anyone who buys vapor devices in South Dakota must be at least 21 years of age. And by the way, the state has already amended the Clean Air Act to restrict vaping anywhere smoking is prohibited. Moreover, free vapor products can not be distributed within 500 feet of a school, playground, or any other facility attended by children.
On February 19, 2020, a bill that would have banned e-cigarette flavors in South Dakota failed. As a result, e-cig flavors are still allowed in the state of South Dakota.
Tennessee Vape Laws
The legal age to buy vapes in Tennessee is 21 as per federal regulation. The previous legal age to buy in Tennessee was 18. A Republican bill that will bring Tennessee’s state law in line with federal law is expected to pass by the summer of 2020. The same bill proposes a 62% tax on e-cig pods and cartridges. The 62% tax rate is the same as what is imposed on a pack of tobacco cigarettes.
Other Tennessee vaping laws include a requirement that vape shops, and anyplace that sells e-cigs, must have a staff member 21 or older present in order to sell vapor products. A minor can handle and sell a vapor product but only if supervised by someone 21 or older. And online retailers must use age verification technology before completing a sale.
Texas Laws For E-cigarettes and Vaping
The legal age to buy e-cigarette products in Texas is 21. Currently, the state allows an exception for 18 to 21-year-olds engaged in military service. The reason being that if you are old enough to be willing to go into harm’s way for America, you should at the very least have the same rights as other adults. The exception for military service members is still open as of 2020.
Additional Texas vaping laws include:
- The use of vapor products is illegal in childcare facilities, playgrounds, on vehicles used for field trips.
- E-liquids must come in child-resistant packaging.
- Online sales must use age verification.
- Vending machines selling any tobacco product are limited to locations that are inaccessible to anyone under the age of 21.
- Schools are required to prohibit vaping at any school-related event either on or off school property.
Several Texas cities and counties have additional regulations banning indoor vaping in public places, limiting the location of vape shops, or prohibiting vaping within 25 feet of municipal buildings.
Utah E-cigs Laws
The legal age to buy vapes in Utah is 21 according to federal law. The new law went into effect on December 20, 2020. Utah retailers quickly adapted to the new rules even though they were not expecting an increase in the age limit until the summer of 2020. In fact, the State of Utah had previously outlined a timeline to reach the 21 age limit. The plan was to increase the Utah legal vaping age to 20 on July 1, 2020. And then to 21 by July 1, 2021.
No tobacco or vape shop in Utah can be located within 1,000 feet of a school, church, playground, or youth center. In addition, no two shops can be within 600 feet of each other. And vape shops must be at least 600 feet from agricultural and residential areas. Any vape juice sold must have child-resistant packaging complete with warning labels.
Additional Utah E-cig Laws:
- Vaping is not allowed in indoor spaces unless designated. Exemptions exist for hotel rooms, single proprietor business places with no employees, and for certain Native American rituals.
- School boards must prohibit vaping and e-cigs on school grounds.
- Vape shops must be licensed.
- Utah vape laws require face to face sales unless from a vending machine or self-service display in an adults-only location.
- Online sales are banned.
Vermont Vape Laws
The legal age to buy e-cigarettes in Vermont is 21. It is also illegal to distribute vapor products to anyone under 21 years of age. Vaping is banned anywhere smoking is banned. That includes a law that says you cannot vape in a vehicle where a small child is a passenger. Moreover, vaping is not allowed on school grounds nor at any school-related event. That law extends to child care facilities and after-school program facilities. Of course, e-liquids must be sold in tamper-resistant packaging.
Vermont has taken a tough approach to vaping. But perhaps no tougher step than the 92% wholesale tax on vapor products. Nonetheless, state lawmakers are contemplating a complete ban on all vape flavors including menthol. Such a ban will wipe out every e-cigarette shop and leave Vermont smokers with only Big Tobacco e-cigs sold at gas stations.
Virginia Vaping Regulations
The legal age to buy vapes in Virginia is 21. It is also illegal to buy an e-cigarette device for anyone under the age of 21. In addition, e-liquids must be sold in child-resistant packaging. Vaping is allowed only in certain areas of the Virginia Railway Express train system.
More Virginia e-cigarette regulations may be coming in 2020. In fact, the Virginia State Senate voted to ban all e-cigarette flavors. There is no flavor ban yet, but if the Senate Bill keeps moving forward, Virginia ming be banning flavors sometime in 2020.
Washington Vape Laws
You must be at least 21 years of age to purchase tobacco or vapor products in the State of Washington. In response to the hysteria over the THC oil lung illness, Governor Inslee placed a temporary ban on all e-cigarette flavors. As a result, vape shops have lost 85% of revenue and 650 people lost their livelihoods.
The state is now considering a new bill making the flavor ban permanent. The bill also calls for new packaging and labeling requirements. The vaping community in Washington has been locked out of discussing the proposed regulations. It is likely that Washington will make the flavor ban permanent sometime in 2020.
West Virginia Vaping Regulations
Federal law requires that you must be 21 to purchase tobacco or vapor products in West Virginia. State lawmakers have introduced bills to match the federal age limit and to prohibit gifting of vapor products to anyone under the age of 18.
West Virginia receives poor grades from the American Lung Association. The ALA wants to see more effort to reduce smoking in the state. However, almost half of West Virginia counties have implemented smoking and vape laws to curb use in workplaces and public areas.
Wisconsin Vape Laws
The legal age to buy vape products in Wisconsin may well be 21, but local police agencies say that they can’t enforce it until the state gives them the power. Specifically, the state can empower accredited Wisconsin law enforcement agencies to enforce the 21 minimum age law by passing a state law to match the federal law. Governor Evers is expected to support a state minimum age of 21 among other laws.
Wisconsin is considering a slate of new measures aimed at keeping e-cigs away from kids. Rather than strictly thinking in terms of regulations, the Governor is thinking about education. New ideas include banning all vapor products from K-12 campuses. Increased educational awareness. Expansion of criteria to declare a public health crisis.
You must be 21 to buy e-cigarettes in Wyoming as per the new federal law. However, the legal age to buy vapes according to the state of Wyoming is 18. State and local law enforcement agencies, such as the Cheyenne Police Department, say that they don’t have the authority to enforce federal law and require state law to take action. Wyoming lawmakers put forward legislation to make the state law match the federal law. Look for the state to enact a minimum age of 21 by July 2020.
The state is considering a new law requiring online e-cig companies to use age verification. Legitimate American companies already do so. Specifically, the proposal requires the age ID process to match records and verify the customer’s address. Then, any order must be shipped to that address. No alternate address will be accepted. If passed, the law goes into effect on July 1, 2020. Most age ID software already does this. Some offshore e-cig companies do not use age ID.
State By State Vaping Regulations
This is the most comprehensive list of state by state vaping regulations. We update this list constantly. Please understand that we are unable to track every local ordinance impacting vapor products. The regulatory environment is wild and unpredictable. Seldom are vape laws enacted based on reason and consultation. We live in reactionary times.
It is highly unlikely that there will be a comprehensive national consensus on vaping anytime soon. For the anti-vaping forces that have already made up their minds, no contrary information is permitted. Many want to make it illegal to vape altogether. Unfortunately, there is very little reasoned inclusive discussion occurring anywhere in America these days. Like other aspects of our lives, the vaping arguments have become tribal. No one is listening.