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.