U.S. Vaping Regulations by State

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The vaping landscape in the United States is complex and new vapers are often confused about the legality of vaping in public, age restrictions, and so forth. While there are many other laws that regulate the manufacture and sales of vapor products, here are those laws which directly affect a vapers right to purchase and use e-cigarettes present at the state level. Be sure to investigate the laws in your local jurisdiction as the only states that have no indoor vaping laws at both the state and local levels are Nebraska, Nevada, Rhode Island, and Tennessee. These are the state laws in effect as of October 2016.

Alabama

  • Purchase, use or possession of alternative nicotine products by persons under age 19 prohibited.

Alaska

  • Sale/distribution of “product containing nicotine” to person under age 19 prohibited.

Arizona

  • Sale of vapor product to persons under age 18 prohibited.
  • Purchase/possession of vapor product by person under age 18 prohibited.
  • Use of e-cigarettes is prohibited in foster homes and vehicles when foster child present.

Arkansas

  • Sale of vapor products, eliquids or any component thereof prohibited.
  • Possession/purchase of vapor products, e-liquids or components thereof by persons under age 18 prohibited.
  • Use of vapor products or eliquids on grounds of any school or at off-campus school-sponsored events, in or on the grounds of any child care facility or healthcare facility prohibited.
  • Use of e-cigarettes “prohibited on each campus of state-supported institutions of higher education.”
  • Use of e-cigarettes in registered childcare facilities prohibited.
  • Use of e-cigarettes near State Park buildings restricted.

California

  • Sale of electronic cigarettes to persons under age 21 prohibited (active duty military personnel must be at least 18).
  • Use of electronic cigarettes prohibited wherever smoking is prohibited including, but not limited to, places of employment, family day care facilities, foster and group homes, within 25 feet of playgrounds or 250 feet of a youth sports events, and in cars with minors.
  • Use of nicotine delivery devices prohibited in county offices of education, charter schools, school/district buildings, school/district property, and school/district vehicles.
  • Director of State Hospitals can ban tobacco product use or possession on state hospital grounds upon request.

Colorado

  • Sale and distribution of nicotine products to persons under age 18 prohibited.
  • Possession or purchase of nicotine products by persons under age 18 prohibited
  • Vending machine sales restricted to more private locations (such as offices), places inaccessible to minors or under control of adult employee.
  • Use of nicotine products prohibited on school grounds.
  • Use of nicotine products “in and around licensed child care facilities” prohibited.

Connecticut

  • Sale/delivery of electronic nicotine delivery system or vapor product to persons under age 18 prohibited.
  • Purchase/possession of electronic nicotine delivery system or vapor product by persons under age 18 prohibited.
  • Manufacturers of electronic nicotine delivery systems or vapor products (including the mixing, compounding, repackaging or resizing of any nicotine-containing product) must register with state.
  • Use of electronic nicotine delivery system or vapor product prohibited in any state building, health care institution,retail food store, restaurant, liquor store, bar (except smoking sections of outdoor seating areas), school buildings, child care facilities, elevators, college dormitories, race tracks, and in more than 25% of hotel/motel rooms.

Delaware

  • Sale/distribution of tobacco substitutes to persons under age 18 prohibited.
  • Purchase of tobacco substitutes by persons under age 18 prohibited.
  • Use of electronic smoking devices restricted in same manner as smoking; prohibited in public indoor places in which smoking is.
  • Use of electronic smoking devices permitted in vape shops which restrict entry to persons over age 18.

District of Columbia

  • Use of electronic cigarettes on streetcar or streetcar platform prohibited.
  • Use of electronic cigarettes prohibited in or within 25 feet of any public library building.

Florida

  • Sale/distribution of nicotine dispensing devices or nicotine products to persons under age 18 prohibited.
  • Possession of nicotine dispensing devices or nicotine products by persons under age 18 prohibited.
  • Use of electronic cigarettes in courthouses of Sixth Judicial Circuit and within 50 feet of entrances thereto prohibited.
  • Use of electronic cigarettes prohibited in all firefighter employee places of employment.

Georgia

  • Sale of vapor products to persons under age 18 prohibited.
  • Purchase/possession of vapor products by persons under age 18 prohibited.

Hawaii

  • Sale/distribution of electronic smoking devices to persons under age 21 prohibited.
  • Purchase of electronic smoking device by person under age 21 prohibited.
  • Possession or use of electronic smoking device by person under age 21 in public prohibited.
  • Use of electronic smoking devices prohibited in places smoking prohibited, including enclosed or partially enclosed places that are: owned,leased or operated by the state or counties, open to the public, places of employment, sports arenas/stadiums, and within 20 feet of entrances and exits to such places.
  • Use of electronic smoking devices prohibited in state parks.
  • Use of electronic smoking devices prohibited on indoor and outdoor areas of Hawaii Health Systems Corporation property.

Idaho

  • Sale/distribution of electronic cigarettes to persons under age 18 prohibited.
  • Possession/purchase/distribution/use of electronic cigarettes by persons under age 18 prohibited.
  • Shipment of e-cigarettes must include statement re: prohibition on shipping to individuals under age 18.

Illinois

  • Sale/Distribution of alternative nicotine products to persons under age 18 prohibited.
  • Possession of alternative nicotine products by persons under age 18 prohibited.
  • Use of products containing nicotine prohibited in places smoking prohibited on public higher education campuses.

Indiana

  • Sale/distribution of electronic cigarettes to persons under age 18 prohibited.
  • Sale of e-liquids to persons under age 18 prohibited.
  • Possession/purchase of electronic cigarettes by persons under age 18 prohibited.

Iowa

  • Sale/distribution of vapor products to anyone under age 18 prohibited.
  • Possession/purchase/use of vapor products by persons under age 18 prohibited.
  • Use of electronic cigarettes prohibited on state-operated and owned buildings and outdoor grounds used in connection with the building, except in privately-owned buildings located on Capitol Complex property.

Kansas

  • Sale/distribution of electronic cigarettes to persons under age 18 prohibited.
  • Purchase/possession of electronic cigarettes by person under age 18 prohibited.

Kentucky

  • Sale of vapor products or alternative nicotine product to persons under age 18 prohibited.
  • Purchase of vapor products or alternative nicotine products by persons under age 18 prohibited.
  • Possession/use of vapor products or alternative nicotine products by person under age 18 prohibited.
  • Use of electronic cigarettes and vaping devices prohibited on any and all properties owned or operated by the Executive branch, including buildings, land and vehicles owned, leased or contracted for state use. Includes certain health care facilities, veterans’ facilities, state parks, fairgrounds and highway rest areas.
  • Use of electronic cigarettes prohibited in courtrooms and hallways of The Hardin District Court prohibits smoking in its hallways/courtrooms (including electronic cigarettes).

Louisiana

  • Sale/distribution of vapor products to persons under age 18 prohibited.
  • Purchase of vapor product by persons under age 18 prohibited.
  • Possession of vapor product by persons under age 18 prohibited unless accompanied by parent or in a private residence.

Maine

  • Sale/distribution to persons under age 18 prohibited.
  • Employees of e-cigarette retailers must be at least 17 years of age; if employee’s age is between 17 and 21, he or she may only sell e-cigarettes in presence of supervisor at least 21 years old.
  • Use of electronic smoking devices prohibited in most places smoking prohibited, including certain indoor public spaces, places of employment, day care/babysitting facilities, motor vehicles with children under 16, and certain outdoor areas including near beaches, state parks and historic sites.

Maryland

  • Sale of “an electronic device, a component for an electronic device, or a product used to refill or resupply an electronic device that can be used to deliver nicotine to the individual inhaling from the device, including an electronic cigarette, cigar, cigarillo, or pipe” to minors prohibited (excluding FDA-approved “tobacco cessation products”).

Massachusetts

  • Sale of electronic smoking devices to persons under age 18 prohibited.
  • Sampling of electronic smoking devices prohibited.

Michigan

  • None

Minnesota

  • Sale/distribution of electronic delivery devices prohibited to persons under age 18.
  • Purchase/possession/use of electronic delivery device by person under age 18 prohibited.
  • Use of electronic delivery devices prohibited in day care and health facilities, in correctional facilities and other government owned or operated buildings.
  • Use of electronic delivery devices prohibited in public and charter schools and any facility or vehicle owned, rented or leased by a school district.

Mississippi

  • Sale of alternative nicotine products or any cartridge or component to persons under 18 prohibited.

Missouri

  • Sale/distribution of vapor products to persons under age 18 prohibited.
  • Purchase of vapor products by persons less than age 18 prohibited.

Montana

  • Sale/distribution of vapor products to persons under age 18 prohibited.
  • Possession/use of vapor products by persons under age 18 prohibited.

Nebraska

  • Sale/distribution of vapor products to persons under age 18 prohibited.
  • Use of vapor products by persons under age 18 prohibited.

Nevada

  • Sale/distribution vapor products to persons under age 18 prohibited.

New Hampshire

  • Sale/distribution of e-cigarettes and liquid nicotine to persons under age 18 prohibited.
  • Purchase/possession/use of e-cigarettes or liquid nicotine by persons under age 18 prohibited.
  • Use of e-cigarette and liquid nicotine on “public educational facility” grounds prohibited.

New Jersey

  • Sale/distribution of electronic smoking device to person under age 19 prohibited.
  • Use of electronic smoking device included in definition of “smoking” and prohibited in same spaces smoking prohibited, including indoor public places, workplaces and schools (with some exceptions).

New Mexico

  • Sale/distribution of e-cigarettes or a nicotine liquid container to persons under age 18 prohibited.
  • Procurement of e-cigarette or nicotine liquid container by persons under age 18 prohibited.
  • Use/possession/distribution of nicotine liquid containers and e-cigarettes prohibited on school property and by students at school-sponsored activities.

New York

  • Sale/distribution of e-cigarettes or liquid nicotine to persons under age 18 prohibited.
  • E-cigarette use restricted similar to smoking on Niagara Frontier Transportation Authority property.

North Carolina

  • Sale/distribution of vapor products to persons under age 18 prohibited.
  • Purchase of vapor products by persons under age 18 prohibited.
  • Distribution of vapor products to inmates prohibited.
  • Use/possession of vapor products prohibited on State correctional facilities premises, except for religious purposes.
  • Use of e-cigarettes prohibited at child care centers.

North Dakota

  • Sale/distribution of electronic smoking devices to persons under age 18 prohibited.
  • Purchase/possession/use of electronic smoking device by person under age 18 prohibited.
  • Use of e-cigarettes included in definition of smoking and therefore prohibited in public places and places of employment and within 20 feet of entrances, exits, windows, air intakes and ventilation systems thereof.

Ohio

  • Sale/distribution of alternative nicotine products to persons under age 18 prohibited.
  • Purchase/possession/use of alternative nicotine products not allowed for persons under age 18 unless a parent accompanies them.
  • Use of electronic nicotine delivery systems, which includes e-cigarettes, prohibited in the capitol buildings.
  • Use of electronic cigarettes prohibited on University of Cincinnati properties.
  • Use of e-cigarettes prohibited on premises of Cuyahoga Community College.
  • Use of electronic nicotine delivery systems prohibited on Kent University campus and properties.

Oklahoma

  • Purchase/possession of vapor products by persons under age 18 prohibited.
  • Sale/distribution of vapor products to persons under age 18 prohibited.
  • Use of vaping devices and e-cigarettes prohibited on properties owned, leased or contracted for use by the state, including buildings, land and vehicles owned, leased or contracted for use by the state, except when used by those living in Veteran’s Affairs Residential Facilities while they are on facility grounds.

Oregon

  • Sale of inhalant delivery system to person under age 18 prohibited.
  • Purchase/possession of inhalant delivery system by person under age 18 prohibited unless in private residence with consenting parent or guardian.
  • Public/private schools, youth correction and juvenile detention facilities must prohibit possession of inhalant delivery systems by persons under age 18 present at facility or at facility-sponsored event.
  • Aerosolizing or vaporizing inhalants in public places, places of employment, jury rooms, at least 75% of hotel rooms, child care homes/centers, and within 10 feet of entrances, exits, windows or ventilation intakes of enclosed areas prohibited.
  • Hospitals may not permit use of “inhalant delivery system[s]” in hospital or within 10 feet of a doorway, window or ventilation intake thereof.
  • Use of inhalant delivery system in car while person under age 18 is present prohibited.

Pennsylvania

  • None

Rhode Island

  • Sale/distribution of electronic nicotine delivery system to persons under age 18 prohibited.
  • Public use/possession of electronic nicotine-delivery systems by persons under age 18 prohibited.
  • Purchase of electronic nicotine-delivery systems by persons under age 18 prohibited.

South Carolina

  • Sale/distribution of alternative nicotine products to persons under age 18 prohibited.
  • Purchase/possession of alternative nicotine products by persons under age 18 prohibited.
  • Use of electronic cigarettes prohibited in ambulances.

South Dakota

  • Sale/distribution of vapor products to persons under age 18 prohibited.
  • Purchase/possession/ use of vapor products by persons under age 18 prohibited.
  • Department of Corrections policy prohibits the use of electronic cigarettes by staff and offenders in all buildings and offices and on all real property owned, leased or occupied by the Department. The policy defines electronic cigarettes as “any device that allows users to inhale nicotine vapor, or is capable of delivering nicotine in a vapor form. Devices typically consist of a mouthpiece, heating element, and a unit containing a rechargeable battery and various electronic circuits.”

Tennessee

  • Sale/distribution of vapor products to persons under age 18 years prohibited.
  • Purchase/possession of vapor products by persons under age 18 prohibited.

Texas

  • Sale/distribution of e-cigarettes to persons under age 18 is prohibited.
  • Purchase/possession/use of e-cigarettes by persons under age 18 years prohibited unless possession occurs in the presence of “adult parent,” guardian or spouse.
  • Use of e-cigarettes restricted to designated areas in schools, elevators, enclosed theaters, libraries, museums, hospitals, certain buses, planes and trains.
  • School trustees must prohibit e-cigarette use and student possession of e-cigarettes at “a school-related or school sanctioned activity on or off school property.”
  • Use of vapor products is prohibited inside Department of Criminal Justice facilities, but permitted in designated outdoor areas.

Utah

  • Selling/distributing electronic cigarettes to persons under age 19 prohibited.
  • Purchase/ possession of electronic cigarette by person aged 18 years or younger prohibited.
  • Use of e-cigarettes included in definition of smoking and therefore similarly restricted in public indoor places temporarily excepting vape shops restricting entry to persons 19 and older.
  • It is a misdemeanor to intentionally transport/deliver/distribute or aid distribution of electronic cigarettes in a correctional facility.
  • School boards directed to adopt rules prohibiting use and possession of electronic cigarettes on school property and at sponsored activities.

Vermont

  • Sale/distribution of tobacco substitutes to persons under age 18 prohibited.
  • Purchase/possession of tobacco substitutes by persons under age 18 prohibited.
  • Use of tobacco substitutes prohibited at child care facilities.
  • Use of tobacco substitutes prohibited on “public school grounds” and at sponsored events.
  • Use of tobacco substitutes prohibited in workplaces (but this does not apply to vape shops).
  • Use of tobacco substitutes prohibited in indoor public places and certain outdoor areas on state property and hospital grounds similarly to smoking (with some exceptions).
  • Use of tobacco substitutes prohibited in cars with young children.

Virginia

  • Sale/distribution of nicotine vapor products to persons under age 18 prohibited.
  • Purchase/possession of nicotine vapor product by person under age 18 prohibited.
  • School boards directed to develop and implement policy to prohibit e-cigarette use on school bus, school property and at school-sponsored activities.

Washington

  • Sale of vapor products to persons under age 18 prohibited.
  • Purchase/possession of vapor products by persons under age 18 prohibited.
  • Use of vapor products prohibited in and on grounds of child care facilities, schools, and playgrounds, school buses and elevators, and within 500 feet of schools.
  • Use of electronic cigarettes within public institutions of higher education restricted through regulation. (e.g., Eastern Washington University, Peninsula College, Lake Washington Institute of Technology, and University of Washington.

West Virginia

  • Sale/distribution of vapor products to persons under age 18 years prohibited.
  • Use/possession of tobacco products or tobacco-derived products by persons under age 18 prohibited.
  • Use of tobacco-derived products prohibited in schools and on school grounds except those areas not used for instructional purposes and inaccessible to students.

Wisconsin

  • Sale/distribution of nicotine products to persons under age 18 prohibited.
  • Purchase/possession of nicotine products by persons under age 18 prohibited.

Wyoming

  • Sales/distribution/delivery of electronic cigarettes to persons under age 18 prohibited.
  • Purchase of tobacco products by persons under age 18 prohibited.
  • Possession/use of electronic cigarettes by persons under age 18 prohibited.
  • Use of electronic cigarettes prohibited in child care facilities when children are present.