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Vaping Laws by State 2024
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 regarding 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, and 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, or using a combination of the first two approaches.
Youth Access
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, a federal law was passed by Congress raising the legal age to purchase tobacco products from 18 to 21. However, not all states have set their restrictions to match federal law. As of 2023, forty-one states have a minimum purchase age of 21, eight states allow a purchaser to be 18, and one state has a minimum age of 19.
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 liquids, vape pens, vaping cartridges, and 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 for 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.
State | Vape Pens & E-Cigs Considered Tobacco Products | Minimum Age To Buy Or Use E-Cigs | Additional Details | Vaping Bans |
|---|---|---|---|---|
| California | 21 | 18 for active military, 21+ for mail order service | Banned in youth jails. Use is extremely restricted around minors and in public areas | |
| Colorado | 18 | Banned around minors in public or daycare facilities, during driving tests, and in assisted living residences | ||
| Delaware | 18 | Banned anywhere smoking is also banned | ||
| District of Columbia | 21 | Banned anywhere smoking is also banned | ||
| Hawaii | 21 | Banned in the same places as smoking. Banned in all parks and at all University of Hawaii properties. Purchase requires an ID even if using a mail order delivery service | ||
| Indiana | 18 | Age restrictions on use. Mail orders must establish legal age | ||
| Maine | 21 | Banned in the same places smoking is banned and the Wells Reserve aside from the designated smoking areas | ||
| Massachusetts | 21 | Banned in the same places that smoking is banned except for designated smoking areas. Banned at children’s camps | ||
| Minnesota | 18 | Banned in child and healthcare businesses, government buildings, Minnesota State Colleges and Universities, public and charter schools, and facilities licensed by the commissioner of health. Some exceptions apply. Employees of a salon cannot use vaping devices while working | ||
| New Jersey | 21 | Banned in all areas where smoking is banned, banned in children’s group homes, and restricted in Atlantic City International Airport aside from designated smoking areas | ||
| New Mexico | 21 | Banned wherever smoking is banned | ||
| North Carolina | 18 | Banned in childcare centers, family childcare homes, jail and prison, on school property, and at school events | ||
| Pennsylvania | 21 | 18 for active military or honorably discharged veteran | Banned in the same places that smoking is banned | |
| Rhode Island | 21 | Banned the same places smoking is banned with some exceptions. Banned at all correctional facilities, including vehicles and properties | ||
| South Dakota | 21 | Banned whereever smoking is banned and in correctional facilities (including use by staff, in vehicles, or on the grounds) | ||
| Tennessee | 21 | Banned anywhere smoking is prohibited, including: childcare centers; community centers in use; group care homes; healthcare facilities; museums when open; elementary and secondary schools (adult staff may use outdoors but not within 100 feet of a door); residential treatment facilities; youth development centers; zoos; most school grounds. Use banned at Tennessee Tech University and Cookeville Student Housing | ||
| Utah | 21 | Banned where smoking is banned, including cars with anyone 15 years old or younger | ||
| West Virginia | 18 | Banned where smoking is banned, including in state-owned vehicles, in schools, and on school grounds, except in areas that are inaccessible to students or not used for school purposes | ||
| Wyoming | 21 | Considered a "nicotine product" | Banned in all childcare facilities while children are present | |
| Alabama | 21 | Banned for licensed emergency medical providers and licensed daycare facility workers while working | ||
| Alaska | 19 | Purchase at a younger age permitted for medical purposes | E-cigarettes banned where smoking is banned. Cannot be used in enclosed public spaces, in prohibited areas, or near children | |
| Arizona | 18 | Banned in foster homes or around foster children | ||
| Arkansas | 18 | Banned near schools, childcare facilities, or healthcare buildings, also on state college campuses and state park buildings | ||
| Connecticut | 18 | Banned in government, health, and food industries. Banned in hotel/motel rooms. Generally banned around facilities with minors, such as schools | ||
| Florida | 21 | Banned in enclosed indoor spaces (including cars) and in buildings or vehicles that provide care to adults or children. Some exceptions may apply | ||
| Georgia | 18 | Banned for food service employees unless in a designated smoking area | ||
| Idaho | 18 | Illegal to ship to anyone under age 18 | ||
| Illinois | 21 | Banned on college campuses and at the Capitol Complex | ||
| Iowa | 18 | Banned on state property, including outdoors, except on select properties on Capitol Complex. Banned on University of Iowa campus and in foster homes around foster children | ||
| Kansas | 18 | Banned at juvenile corrections facilities and juvenile jails | ||
| Kentucky | 18 | Banned on property owned by the state Executive branch, including vehicles. Banned in some healthcare facilities, veterans’ parks, fairgrounds, and highway rest areas. Prohibited in underground mines. Childcare employees banned from use around children | ||
| Louisiana | 21 | 18 and with a parent or for use in a private residence | Banned on school property | |
| Maryland | 21 | 18 for active military | ||
| Michigan | 21 | Smoking is banned in most public places; although as of 2023, Michigan's Clean Indoor Act has not been amended to prohibit vaping where smoking is banned, East Lansing, Marquette County, and Washtenaw County have ordinances that impose such a ban | ||
| Mississippi | 18 | |||
| Missouri | 18 | |||
| Montana | 18 | |||
| Nebraska | 18 | Banned in public places and places of employment | ||
| Nevada | 21 | Limitations on using vape pens or e-cigarettes at a piercing salon | ||
| New Hampshire | 18 | Banned in all areas where smoking is also bannedBanned on the ground of any public educational building | ||
| New York | 18 | Banned wherever smoking is banned, with some minor exceptions | ||
| North Dakota | 18 | Banned everywhere smoking is banned with some exceptions | ||
| Ohio | 18 | Purchase at younger age permitted if bought with a parent | Banned in capitol buildings and body art/tattoo procedure or equipment sterilization rooms. Prohibited on the University of Cincinnati campus and various other campuses by policy | |
| Oklahoma | 21 | Banned in any facility used to treat addiction recovery, mental illness, opioid addiction, or other addictive disorder such as gambling | ||
| Oregon | 21 | Banned everywhere smoking is banned (in general). Persons over age 21 can use e-cigs and vape pens at college facilities or facility-sponsored events in designated areas. Cannot be used in a car with anyone under 18 years old | ||
| South Carolina | 18 | Banned in ambulances | ||
| Texas | 18 | Purchase at younger age permitted with a parent, guardian, or 18+ spouse | Use restricted to designated smoking areas, and banned from school-related activities. Also banned in Department of Criminal Justice facilities except for designated areas and in all childcare centers or childcare vehicles | |
| Vermont | 21 | Banned where smoking is banned and in cars with a person under 18 years old. Banned at childcare centers, after school activities, and on public school grounds or at school events | ||
| Virginia | 21 | 18 for active duty military | Banned on buses, school property, and during school activities | |
| Washington | 21 | Banned at childcare buildings, playgrounds, schools, and everywhere smoking is also banned. Banned at most colleges and universities in their regulations and in state-run veteran’s homes except for designated areas | ||
| Wisconsin | 18 | Banned at State Fair Park main stage and indoor buildings (Wisconsin State Fair Admission Policy) |