Vaping Laws By State 2021

Vaping has become another alternative people choose instead of smoking cigarettes. Nonetheless, they still carry the same amount of disadvantages as cigarettes. This fact is why they also have various rules and restrictions around their use in all states.

There are vaping laws in effect in the states eragrding their packaging, taxation, minimum age, and licensing.

Packaging

Before, vaping products were simple for the youth to access and use. After the government decided to fix this growing problem, they also wanted to change the way vaping products were packaged.

Several states have already imposed a packaging system for these products to warn of the danger it can impose on those who use them. They are also there to remind the buyer that children cannot use the products.

Currently, there are 29 states with specific laws around how to package vaping products. They make sure that each packaged product has the necessary precautions to prevent children from accessing them, like:

  • Including the danger of using the product.
  • Reminding the buyer that the product isn’t for children.
  • Making sure that all caps on products are tightly secured.
  • Wrapping all products securely and tightly.

Taxation

Due to the effects vaping has had on people, especially teenagers, many states have imposed a tax on anyone of age purchasing e-cigarettes and vaping pens. As of December 2019, 21 states have decided to add this tax to vaping products. Massachusetts will be the latest state to impose this tax on June 1, 2020.

Each state comes up with the tax rate to use in one of three ways:

  • Percentage of the price of the product.
  • Flat rate per milliliter of e-liquid/cartridge.
  • Using a combination of the first two approaches.

Youth Access

Recently, there has been a problem with younger children and teenagers using e-cigarettes and vaping pens. This circumstance has resulted in many unfortunate events, such as nicotine addiction, health issues, and death.

To effectively fix this problem, all 51 states and districts decided to make it harder for the youth to access these vaping products. As of December 2019, each state throughout the country has raised the age needed to purchase any vaping products. However, some states raised their ages differently from others.

  • Age raised to 18: 27 states
  • Age raised to 19: 5 states
  • Age raised to 21: 19 states

Licensing

For some states, stores must be licensed to sell vaping products. This is because they require professionals to handle and sell any vaping products that may be on the market. It’s also one way to tell who is authorized to process any vaping products and who isn’t.

Multiple states have passed laws that require convenience stores to have licenses or permits to sell these products. In fact, as of December 2019, 29 states have adopted this law, making this a requirement. This law means that with their license or permit, they can sell, refill, and distribute:

  • Vaping liquid
  • Vape pens
  • Vaping cartridges
  • E-cigarettes

A vape, also known as an electronic cigarette, is a device that simulates smoking tobacco. Vaping is inhaling vapor created by a vape. Vapes have cartridges filled with liquid containing nicotine, flavoring, and other chemicals. The vape heats this liquid, turning it into the vapor that the user inhales.

According to Johns Hopkins Medicine, here are five important vaping facts:

  • Vaping is less harmful than smoking cigarettes, but it is still not safe.
  • Vaping is bad for your heart and lungs.
  • Vapes are just as addictive as regular cigarettes, thanks to nicotine.
  • Vapes are not the best tool to quit smoking.
  • According to the U.S. surgeon general, vapes are becoming highly addictive for teenagers, with usage increasing by 900%.

Regulations of vapes and electronic cigarettes are complex and vary across states. Some states have no regulations, while others ban vapes completely.

Below are each state’s vape laws. Laws listed here include any bans on vaping, whether or not vapes are considered tobacco products, and age limits for purchasing or using vapes. States will also have other regulations and laws for vapes and e-cigarettes, such as how vapes are defined by law, taxes, licenses required to sell e-cigarette products, and more.

Alabama

  • Bans: Licensed emergency medical providers and licensed daycare workers cannot use these products while on the job.
  • Considered tobacco products? No.
  • Age limits: Must be 19 years old.

Alaska

  • Bans: Banned where smoking is banned. Cannot be used in enclosed public spaces, in prohibited areas, or around children.
  • Considered tobacco products? No.
  • Age limits: Must be 19 years old unless used for medical purposes.

Arizona

  • Bans: Banned in foster homes and around foster children.
  • Considered tobacco products? No.
  • Age limits: Must be 18 years old.

Arkansas

  • Bans: Cannot be used near schools or childcare or healthcare facilities. Banned on state college campuses and state park buildings.
  • Considered tobacco products? No.
  • Age limits: Must be 18 years old.

California

  • Bans: Banned in youth jails. Stringent restrictions around minors and in public areas.
  • Considered tobacco products? Yes.
  • Age limits: Must be 21 years old or 18 years old in the active military. Must be at least 21 to use mail order service.

Colorado

  • Bans: Banned around minors in public or daycare facilities, during driving tests, and in assisted living residences.
  • Considered tobacco products? Yes.
  • Age limits: Must be 18 years old.

Connecticut

  • Bans: Banned in government, health, and food industries; hotel and motel rooms; and facilities with minors like schools.
  • Considered tobacco products? No.
  • Age limits: Must be 18 years old.

Delaware

  • Bans: Prohibited anywhere smoking is prohibited.
  • Considered tobacco products? Yes.
  • Age limits: Must be 18 years old.

District of Columbia

  • Bans: Prohibited everywhere smoking is also prohibited.
  • Considered tobacco products? Yes.
  • Age limits: Must be 21 years old.

Florida

  • Bans: prohibited in enclosed indoor spaces (including vehicles) and in facilities or vehicles that provide care for adults and children. Some exceptions apply.
  • Considered tobacco products? No.
  • Age limits: Must be 18 years old.

Georgia

  • Bans: Cannot be used by foodservice employees unless in a designated smoking area.
  • Considered tobacco products? No.
  • Age limits: Must be 18 years old.

Hawaii

  • Bans: Prohibited where smoking is prohibited. Banned in all parks and all University of Hawaii properties. The purchase of vapes requires an ID, even if using a mail-order delivery service.
  • Considered tobacco products? Yes.
  • Age limits: Must be 21 years old.

Idaho

  • Bans: Shipping these products to anyone under 18 is illegal.
  • Considered tobacco products? No.
  • Age limits: Must be 18 years old.

Illinois

  • Prohibited on college campuses and at the Capitol Complex.
  • Consider tobacco products? No.
  • Age limits: Must be 18 years old.

Indiana

  • Bans: Mail orders must establish the legal age of 18 years old.
  • Consider tobacco products? Yes.
  • Age limits: Must be 18 years old.

Iowa

  • Bans: Banned on state property, including outdoor areas, except on select properties on Capitol Complex. Banned on the University of Iowa Campus and in foster homes and around foster children.
  • Considered tobacco products? No.
  • Age limits: Must be 18 years old.

Kansas

  • Bans: Banned at juvenile corrections facilities and juvenile jails.
  • Considered tobacco products? No.
  • Age limits: Must be 18 years old.

Kentucky

  • Bans: Prohibited on property owned by the state Executive branch, including vehicles; in some health facilities, veterans’ parks, fairgrounds, and highway rest areas; and in underground mines.
  • Considered tobacco products? No.
  • Age limits: Must be 18 years old.

Louisiana

  • Bans: Banned on school property.
  • Considered tobacco products? No.
  • Age limits: must be 18 years old unless user has parent permission or is using in a private residence.

Maine

  • Bans: Prohibited where smoking is prohibited and the Wells Reserve except for designated smoking areas.
  • Considered tobacco products? Yes.
  • Age limits: Must be 21 years old unless you are already 18 as of July 1, 2018.

Maryland

  • Bans: N/A
  • Considered tobacco products? No.
  • Age limits: Illegal for “minors.”

Massachusetts

  • Bans: Prohibited where smoking is prohibited except for designated smoking areas. Banned at children’s camps.
  • Considered tobacco products? Yes.
  • Age limits: Must be 21 years old or have turned 18 before December 3, 2018.

Michigan

  • Bans: Banned in Third Judicial Circuit Court
  • Considered tobacco products? No.
  • Age limits: N/A

Minnesota

  • Bans: Prohibited in child and health care facilities, government building, Minnesota State Colleges and Universities, public and charter schools, and facilities licensed by the commissioner of health. Employees of a salon may not use vapes or e-cigarettes while working.
  • Considered tobacco products? Yes.
  • Age limits: Must be 18 years old.

Mississippi

  • Bans: N/A
  • Considered tobacco products? No.
  • Age limits: Must be 18 years old.

Missouri

  • Bans: N/A
  • Considered tobacco products? No.
  • Age limits: Must be 18 years old.

Montana

  • Bans: N/A
  • Considered tobacco products? No.
  • Age limits: Must be 18 years old.

Nebraska

  • Bans: N/A
  • Considered tobacco products? No.
  • Age limits: Must be 18 years old.

Nevada

  • Bans: Limitations on using vapes or e-cigarettes at a piercing salon.
  • Considered tobacco products? No.
  • Age limits: Must be 18 years old.

New Hampshire

  • Bans: Prohibited where smoking is prohibited and on the ground of any public educational building.
  • Considered tobacco products? No.
  • Age limits: Must be 18 years old.

New Jersey

  • Bans: Prohibited in all areas where smoking is prohibited. Banned in children’s group homes. Restricted in Atlantic City International Airport except for designated smoking areas.
  • Considered tobacco products? Yes.
  • Age limits: Must be 21 years old.

New Mexico

  • Bans: Banned on school property and during school-related activities.
  • Considered tobacco products? No.
  • Age limits: Must be 18 years old.

New York

  • Bans: Prohibited where smoking is prohibited with some minor exceptions.
  • Considered tobacco products? No.
  • Age limits: Must be 18 years old.

North Carolina

  • Bans: Banned in childcare facilities, family childcare homes, jail and prison, on school property, and at school events.
  • Considered tobacco products? Yes.
  • Age limits: Must be 18 years old.

North Dakota

  • Bans: Prohibited where smoking is prohibited with some exceptions.
  • Considered tobacco products? No.
  • Age limits: Must be 18 years old.

Ohio

  • Bans: Banned in capitol buildings and body art/tattoo procedure or sterilization room. Prohibited on the University of Cincinnati campus and various other campuses by policy.
  • Considered tobacco products? No.
  • Age limits: Must be 18 years old unless bought with a parent.

Oklahoma

  • Bans: Banned in any facility used to treat addiction recovery, mental illness, opioid addiction, or other addictive disorders like gambling.
  • Considered tobacco products? No.
  • Age limits: Must be 18 years old.

Oregon

  • Bans: Generally prohibited where smoking is prohibited.
  • Considered tobacco products? No.
  • Age limits: Must be 21 years old.

Pennsylvania

  • Bans: N/A
  • Considered tobacco products? Yes.
  • Age limits: N/A

Rhode Island

  • Bans: Prohibited where smoking is prohibited with some exception. Banned at all correctional facilities, including vehicles.
  • Considered tobacco products? No.
  • Age limits: Must be 18 years old.

South Carolina

  • Bans: Prohibited in ambulances.
  • Considered tobacco products? No.
  • Age limits: Must be 18 years old.

South Dakota

  • Bans: Prohibited where smoking is prohibited. Prohibited in/on any property of the Department of Corrections and in state vehicles.
  • Considered tobacco product? Yes.
  • Age limits: Must be 21 years old.

Tennessee

  • Bans: Prohibited at Tennessee Tech University and Cookeville Student Housing
  • Considered tobacco products? No.
  • Age limits: Must be 18 years old.

Texas

  • Bans: use restricted to designated smoking areas. Prohibited at school-related activities. Banned in the Department of Criminal Justice facilities except for designated areas.
  • Considered tobacco products? No.
  • Age limits: Must be 18 years old, including redeeming a coupon for the product, unless with a parent, guardian, or spouse.

Utah

  • Bans: Prohibited where smoking is prohibited, including cars with any passenger under 15 years old.
  • Considered tobacco products? Yes.
  • Age limits: Must be 19 years old to purchase from a store or distributor and be 18 years old to buy or possess e-cigarettes. The caption is active military members over 18 or anyone accompanied by a parent.

Vermont

  • Bans: Prohibited where smoking is prohibited. Also banned in cars with anyone under 18 years old, at childcare centers and after school activities, and on public school grounds or at school events.
  • Considered tobacco products? No.
  • Age limits: Must be 18 years old.

Virginia

  • Bans: Prohibited on buses, school property, and during school activities.
  • Considered tobacco products? No.
  • Age limits: Must be 21 years old and an active duty military member age 18 or older.

Washington

  • Bans: Prohibited at childcare buildings, playgrounds, schools, and where smoking is prohibited. Also banned at most colleges and universities in their regulations and state-run veteran homes except in designated areas.
  • Considered tobacco products? No.
  • Age limits: Must be 18 years old.

West Virginia

  • Bans: Prohibited where smoking is prohibited, including in state-owned vehicles, schools, and on school grounds except in areas not accessible by students.
  • Considered tobacco products? Yes.
  • Age limits: Must be 18 years old.

Wisconsin

  • Bans: Prohibited at State Fair Park’s main stage and indoor buildings.
  • Considered tobacco products? No.
  • Age limits: Must be 18 years old.

Wyoming

  • Bans: Prohibited at childcare facilities while children are present.
  • Considered tobacco products? Yes.
  • Age limits: Must be 18 years old.

Vaping Laws By State 2021

State Vaping Bans Considered Tobacco Minimum Vaping Age
WyomingAt childcare facilities while children are present.18
WisconsinAt State Fair Park's main stage and indoor buildings.18
West VirginiaWhere smoking is prohibited.18
WashingtonChildcare buildings, schools, playgrounds, and where smoking is prohibited. At most universities and veteran homes.18
VirginiaOn buses, school property, and during school activites.21
VermontWhere smoking is prohibited. In cars with anyone under 18, at childcare centers, and on public school grounds.18
UtahWhere smoking is prohibited.19
TexasLimited to designated smoking areas. Prohibited at school activities and in the Department of Criminal Justice facilities.18
TennesseeAt Tennessee Tech and Cookevile Student Housing.18
South DakotaWhere smoking is prohibited. In any property of the Department of Corrections. 21
South CarolinaIn ambulances.18
Rhode IslandWhere smoking is prohibited with minor exceptions.18
PennsylvaniaN/AN/A
OregonWhere smoking is prohibited.21
OklahomaIn facilities for addiction recovery, mental illness, or addictive disorders like gambling.18
OhioIn capitol buildings and tattoo salons. Prohibited at University of Cincinnati and other campuses.18
North DakotaWhere smoking is prohibited with minor exceptions.18
North CarolinaIn childcare facilities, family childcare homes, prisons, and schools.18
New YorkWhere smoking is prohibited with minor exceptions.18
New MexicoOn school property and during school-related activities.18
New JerseyWhere smoking is prohibited. In children's group homes and the Atlantic City airport.21
New HampshireWhere smoking is prohibited and any educational building.18
NevadaLimitations at piercing salons.18
NebraskaN/A18
MontanaN/A18
MissouriN/A18
MississippiN/A18
MinnesotaChild, health, and government facilities, universities, schools. Salon employees while working.18
Michiganin Third Judicial Circuit Court.N/A
MassachusettsWhere smoking is prohibited, except designated areas, and at children's camps.21
MarylandN/AIllegal for "minors"
MaineWhere smoking is prohibited and the Wells Reserve21
LouisianaOn school property.18
KentuckyOn state Executive branch property, some health facilities, veterans' parks, fairgrouneds, rest areas, and underground mines.18
KansasAt juvenile corrections facilities and juvenile jails.18
IowaOn state property, the University of Iowa, and in foster homes around foster children.18
IndianaMail orders must establish legal age of 18.18
IllinoisCollege campuses and at the Capital Complex.18
IdahoShipping banned to anyone under 18.18
HawaiiWhere smoking is prohibited. In parks and university properties.21
GeorgiaFood service employees unless in desginated smoking area.18
FloridaEnclosed indoor spaces and in facilities or vehicles that provide care for adults or children.18
DelawareWhere smoking is prohibited. 18
ConnecticutIn government, health, and food industries; hotel rooms, and facilities with minors.18
ColoradoAround minors, daycare facilities, assisted living residents, and during driving tests.18
CaliforniaYouth jails. Restricted around minors and public areas.21
ArkansasNear schools, childcare facilties, healthcare faciltiies, college campuses, state parks. 18
ArizonaFoster homes and around foster children.18
AlaskaWhere smoking is prohibited. Around children.19
AlabamaEmergency medical providers, daycare workers19

Vaping Laws By State 2021