Vaping Laws by State [Updated June 2023]

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.