Alcohol Vaporizer Legal States 2024

An alcohol vaporizer, a device designed to convert liquid alcohol into a breathable vapor, faces a complex legal landscape across different states in the United States. While some states have explicitly legalized or regulated its use under specific circumstances, many others have deemed it illegal for various reasons.

In states like Arkansas and Iowa, the use of alcohol vaporizers is strictly prohibited without exceptions, reflecting concerns over public health and safety. Similarly, in states such as California and Connecticut, the possession or use of alcohol vaporizers is prohibited without any legal exceptions outlined.

Conversely, some states have introduced certain provisions that allow for the use of alcohol vaporizers under specific conditions. For instance, in states like Idaho and Kentucky, regulations permit the use of alcohol vaporizers by certain authorized entities such as hospitals, universities, or pharmaceutical companies, but solely for bona fide research or medical purposes.

The legality of alcohol vaporizers also varies based on the intended use and setting. In states like Louisiana and Maryland, the use of vaporizer devices specifically designed for vaporizing alcoholic beverages is deemed illegal. However, exceptions exist for medical or scientific research purposes in states like Michigan and Missouri.

Overall, the legal status of alcohol vaporizers reflects a nuanced interplay between public health concerns, regulatory frameworks, and the potential for medical or scientific research. As such, navigating the legal landscape surrounding alcohol vaporizers requires careful consideration of state-specific regulations and exemptions.

State	Legality	Listed Exceptions
Alabama	N/A
Alaska	N/A
Arizona	N/A
Arkansas	Illegal	(1) Any person who acts pursuant to the direction or prescription of a licensed physician or dentist authorized to direct or prescribe the act. (2) Inhalation of anesthesia for a medical purpose or dental purpose.
California	Illegal	None
Colorado	Illegal	Any hospital, as defined in section 25.5-1-503(3), C.R.S., that operates primarily for the purpose of conducting scientific research, a state institution conducting bona fide research, a private college or university, as defined in section 23-2-102(11), C.R.S., conducting bona fide research, or to a pharmaceutical company or biotechnology company conducting bona fide research” that files a notice of possession of (or intent to acquire) such device per requirements of statute.
Connecticut	Illegal	None
Delaware	N/A
District of Columbia	N/A
Florida	Illegal	Administration or prescription of a product that contains alcohol by a health care practitioner who is licensed under the laws of this state or another state.”
Georgia	Illegal	Use of a product that contains alcohol as otherwise lawfully prescribed by a health care practitioner who is licensed under Title 43.
Hawaii	N/A
Idaho	Illegal	The Idaho state police may promulgate rules to allow for the possession, sale or use of an alcohol without liquid device by certain hospitals, universities, or pharmaceutical or biotechnology companies for bona fide research or medical purposes.
Illinois	Illegal	None
Indiana	N/A
Iowa	Illegal	None
Kansas	Illegal	None
Kentucky	Illegal	(1) A hospital that operates primarily for the purpose of conducting scientific research. (2) A public institution that is a member of the post-secondary education system or an independent institution as defined in KRS 164.001 that is conducting bona fide research. (3) A pharmaceutical or biotechnology company conducting bona fide research. (4) A manufacturer or distributor that sells an alcohol vaporizing device to one (1) of the entities set out in this subsection. (5) A device used by a manufacturer in the manufacturing process.
Louisiana	Illegal	Any other vaporizer device used for purposes other than vaporizing alcoholic beverages.
Maine	Illegal	Vaporized alcohol or alcohol vaporizing devices used for medical or scientific research.
Maryland	Illegal	None
Michigan	Illegal	The commission may jointly promulgate rules with the department of community health to allow for the sale or use of an alcohol vapor device for research purposes.
Minnesota	Illegal	Hospital that operates primarily for the purpose of conducting scientific research, a state institution conducting bona fide research, a private college or university conducting bona fide research, or a pharmaceutical company or biotechnology company conducting bona fide research.
Mississippi	N/A
Missouri	Illegal	Substances that have been approved by the United States Food and Drug Administration as therapeutic drug products or are contained in approved over-thecounter drug products or administered lawfully pursuant to the order of an authorized medical practitioner.
Montana	N/A
Nebraska	N/A
Nevada	Illegal	None
New Hampshire	N/A
New Jersey	N/A
New Mexico	N/A
New York	Illegal	None
North Carolina	Illegal	None
North Dakota	Illegal	A hospital that operates primarily for the purpose of conducting scientific research, a state institution conducting bona fide research, a private college or university conducting bona fide research, or a pharmaceutical company or biotechnology company conducting bona fide research.
Ohio	Illegal	None
Oklahoma	Illegal	Any inhalation device which may contain alcohol and is intended or used for medicinal purposes, whether it is available for over-the-counter or by prescription purchase, shall be exempt from these provisions.
Oregon	N/A
Pennsylvania	Illegal	None
Rhode Island	N/A
South Carolina	Illegal	Health care provider that operates primarily for the purpose of conducting scientific research, a state institution conducting bona fide research, a private college or university conducting bona fide research, or to a pharmaceutical company or biotechnology company conducting bona fide research.
South Dakota	Illegal	Hospital that operates primarily for the purpose of conducting scientific research, a state institution conducting bona fide research, a private college or university conducting bona fide research, or a pharmaceutical company or biotechnology company conducting bona fide research.
Tennessee	Illegal	None
Texas	N/A
Utah	N/A
Vermont	N/A
Virginia	Illegal	None
Washington	N/A
West Virginia	N/A
Wisconsin	N/A
Wyoming	Illegal	A hospital that operates primarily for the purpose of conducting scientific research, a state institution conducting bona fide research, a private college or university conducting bona fide research or to a pharmaceutical company or biotechnology company conducting bona fide research.

State

Legality

Listed Exceptions

N/A

N/A

N/A

Illegal

(1) Any person who acts pursuant to the direction or prescription of a licensed physician or dentist authorized to direct or prescribe the act. (2) Inhalation of anesthesia for a medical purpose or dental purpose.

California

Illegal

None

Colorado

Illegal

Any hospital, as defined in section 25.5-1-503(3), C.R.S., that operates primarily for the purpose of conducting scientific research, a state institution conducting bona fide research, a private college or university, as defined in section 23-2-102(11), C.R.S., conducting bona fide research, or to a pharmaceutical company or biotechnology company conducting bona fide research” that files a notice of possession of (or intent to acquire) such device per requirements of statute.

Connecticut

Illegal

None

Delaware

N/A

District of Columbia

N/A

Florida

Illegal

Administration or prescription of a product that contains alcohol by a health care practitioner who is licensed under the laws of this state or another state.”

Georgia

Illegal

Use of a product that contains alcohol as otherwise lawfully prescribed by a health care practitioner who is licensed under Title 43.

Hawaii

N/A

Idaho

Illegal

The Idaho state police may promulgate rules to allow for the possession, sale or use of an alcohol without liquid device by certain hospitals, universities, or pharmaceutical or biotechnology companies for bona fide research or medical purposes.

Illinois

Illegal

None

Indiana

N/A

Iowa

Illegal

None

Kansas

Illegal

None

Kentucky

Illegal

(1) A hospital that operates primarily for the purpose of conducting scientific research. (2) A public institution that is a member of the post-secondary education system or an independent institution as defined in KRS 164.001 that is conducting bona fide research. (3) A pharmaceutical or biotechnology company conducting bona fide research. (4) A manufacturer or distributor that sells an alcohol vaporizing device to one (1) of the entities set out in this subsection. (5) A device used by a manufacturer in the manufacturing process.

Louisiana

Illegal

Any other vaporizer device used for purposes other than vaporizing alcoholic beverages.

Maine

Illegal

Vaporized alcohol or alcohol vaporizing devices used for medical or scientific research.

Maryland

Illegal

None

Michigan

Illegal

The commission may jointly promulgate rules with the department of community health to allow for the sale or use of an alcohol vapor device for research purposes.

Minnesota

Illegal

Hospital that operates primarily for the purpose of conducting scientific research, a state institution conducting bona fide research, a private college or university conducting bona fide research, or a pharmaceutical company or biotechnology company conducting bona fide research.

Mississippi

N/A

Missouri

Illegal

Substances that have been approved by the United States Food and Drug Administration as therapeutic drug products or are contained in approved over-thecounter drug products or administered lawfully pursuant to the order of an authorized medical practitioner.

Montana

N/A

Nebraska

N/A

Nevada

Illegal

None

N/A

N/A

N/A

Illegal

None

North Carolina

Illegal

None

North Dakota

Illegal

A hospital that operates primarily for the purpose of conducting scientific research, a state institution conducting bona fide research, a private college or university conducting bona fide research, or a pharmaceutical company or biotechnology company conducting bona fide research.

Ohio

Illegal

None

Oklahoma

Illegal

Any inhalation device which may contain alcohol and is intended or used for medicinal purposes, whether it is available for over-the-counter or by prescription purchase, shall be exempt from these provisions.

Oregon

N/A

Pennsylvania

Illegal

None

Rhode Island

N/A

South Carolina

Illegal

Health care provider that operates primarily for the purpose of conducting scientific research, a state institution conducting bona fide research, a private college or university conducting bona fide research, or to a pharmaceutical company or biotechnology company conducting bona fide research.

South Dakota

Illegal

Tennessee

Illegal

None

N/A

N/A

N/A

Illegal

None

N/A

N/A

N/A

Illegal

A hospital that operates primarily for the purpose of conducting scientific research, a state institution conducting bona fide research, a private college or university conducting bona fide research or to a pharmaceutical company or biotechnology company conducting bona fide research.