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02/22/2023
2:22PM
Vaping Laws: State by State
With vaping laws changing daily, and new regulations being introduced by state governments and the FDA, it can be hard to know what is legal anymore when it comes to vaping and e cigarettes.
"How old you have to be to vape?" is a common question asked online. Finding the answer can have you digging for hours through government websites looking for the answer.
Lucky for you, we’ve collected a list for you to reference vaping age laws by state.
BUT as we mentioned, vaping laws are in a state of constant flux. We recommend double checking with your local and/or state government website to ensure that vaping laws are being followed. A list of government websites can be found online.
The minimal age of vape products has been raised to 21 for all states since December 20,2019. As it is still somewhat recent, some state laws may refer to individuals under 18 even though the minimum age for vape products is 21.
The FDA flavored cartridge ban is set to go into effect February 6, 2020.
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Alabama
Child resistant packaging required for all containers containing liquid nicotine.
Underage employees may handle alternative nicotine products when an employee over the age of 21 is present.
Cannot be used in daycare facilities.
Cannot be provided by emergency medical providers in ambulances or caring for patients.
Shops:
Retail license needed.
No licenses will be issued if the business location is 1000 feet from a youth-centered facility or space, unless the shop was previously present for 18 consecutive months.
Delivery of vape products requires a permit of delivery sales. The age, and address of the buyer must be verified with a third-party verification service. The payment of the credit/debit card used to make the purchase must match the buyer's name.
For additional information visit the state .gov website.
Last updated/checked 1/27/20.
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Alaska
Possession of a vape device is is prohibited by people under 19.
Vaping is prohibited where smoking is prohibited, such as public buildings, common areas, child care facilities, within 10 feet of playground equipment, and 20 feet of windows and vents of buildings where smoking is prohibited.
Shops:
Retail license needed.
Employees under age 19 are prohibited from selling vape devices.
Self-service displays of electronic smoking products are prohibited, except in specialty tobacco shops restricting entry to persons 19 and older.
Vending machines may only be allowed in bars, clubs, or package stores. They must not be located near the entrance of the establishment, and require continuous supervision.
For additional information visit the state .gov website.
Last updated/checked 1/27/20.
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Arizona
Use of e-cigarettes is prohibited in foster homes and in vehicles when foster child is present.
Shops:
Retail license is not needed.
For additional information visit the state .gov website.
Last updated/checked 1/27/20.
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Arkansas
Vaping and smoking are prohibited on off-campus school sponsored events, school and childcare vehicles, and school, childcare, and healthcare facilities.
Shops:
Retail license needed. Separate permits are required for wholesale, wholesale salespeople, retailers, and vending machine sales.
Possession, use, purchase, and distribution of samples banned to people under 21.
Vape products require child-resistant packaging.
For additional information visit the state .gov website.
Last updated/checked 1/28/20.
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California
Smoking and vaping is prohibited:- Family day care facilities
- Foster and group homes
- Within 25 feet of playgrounds
- Within 250 feet of youth sporting events
- Inside cars with minors
- Schools and at school sponsored activities
- Inside public buildings
- Enclosed places of employment
- Within 20 feet of a main entrance/exit/window of a public building or state owned passenger vehicle
- On public transportation
- Passenger carriers (buses, planes, trains)
- Facilities under the jurisdiction of the Dept. of Youth Authority and Department of Corrections, excluding residential staff housing when inmates and wards are not present
- Nonprofit temporary food facilities
- Within 25 feet of the commerce area of farmer's markets
- Health facilities
- Outpatient health facilities
Landlords of residential buildings may also prohibit vaping usage on their property or any part of their building.
Individual communities and counties may have stricter smoking laws - check with each area's website. A notable example of stricter laws is the complete ban of e cigarettes from San Francisco.
Shops:
Retail license needed.
Child resistant packaging required.
Self-service displays prohibited.
Vending machines may only be located in bars, at least 15 feet from the entrance of the bar.
Delivery or distribution of electronic cigarettes through the U.S. Postal Service or any other postal service is prohibited unless the age of the buyer is verified to be at least 21 year at both the time of purchase and delivery.
For additional information visit the state .gov website.
Last updated/checked 1/28/20.
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Colorado
Vaping follows the same restrictions as smoking. It is prohibited at indoor areas, in school properties and vehicles, and during driving tests.
Assisted living residences must have rules addressing the use of vapes.
Shops:
Retail license is not needed.
Vending machine sales of nicotine products not allowed.
For additional information visit the state .gov website.
Last updated/checked 1/28/20.
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Connecticut
Vaping and smoking is prohibited in- Schools
- Elevators
- Race Tracks
- Liquor stores
- College Dorms
- State buildings
- Retail food stores
- Child care facilities
- Healthcare institutions
- 75% or more of hotel/motel rooms
- Bars (Exception: vaping is permitted in outdoor seating areas)
Self service displays and vending machines are prohibited except in adult-only facilities.
Shops:
Retail license needed.
For additional information visit the state .gov website.
Last updated/checked 1/28/20.
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Delaware
Vaping is prohibited where smoking is prohibited, including public indoor places, Family Childcare Homes, foster homes, and any vehicles used to transport children.
Shops:
A license is required to sell vape liquid, but no license required for devices.
Self service displays and vending machines are prohibited except in adult-only facilities.
Marketing online or on mobile apps targeting minors is prohibited.
Delivery requires a government ID to verify the identity of the purchaser. The buyer must also confirm that their identity is true, that they understand the legal sale age, and the address of the delivery. The credit/debit card used to pay for the purchase must match the buyer's name. The package must include a notice, stating that selling tobacco substitutes to consumers under age 21 is illegal.
All delivery sales must be registered with the state Department of Finance.
For additional information visit the state .gov website.
Last updated/checked 1/28/20.
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District of Colombia
Sale of electronic smoking devices to persons under age 21 is prohibited.
Purchase/possession of electronic smoking devices by persons under age 21 prohibited.
Self-service sales of electronic smoking devices prohibited, except in tobacco specialty stores.
Vending machine sales of electronic smoking devices restricted to establishments inaccessible to persons under age 21 and taverns, nightclubs, and restaurants licensed to serve alcohol.
Use of electronic smoking devices included in definition of “smoking” and prohibited in same spaces smoking prohibited, including in workplaces and certain public places (such as enclosed public spaces, playgrounds, bus stops and sporting events), with some exceptions.
Use of electronic cigarettes on streetcar or streetcar platform prohibited.
Use of electronic cigarettes prohibited on library property.
Use of e-cigarettes prohibited in cottage food business during operations.
For additional information visit the state .gov website.
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Florida
Vaping is banned at- Indoor Workplaces
- Within 1000ft of a school between 6AM and midnight
- Within 50ft of courthouses and their entrances of the 6th Judicial Circuit
- Any place of employment for all firefighters
- Licensed out of home caregiver homes and vehicles when children are present.
Retail license is not needed.
Shops:
Self-service displays are only permitted in adult-only facilities.
Vending machines are only permitted in adult-only facilities, unless they have a lockout device that is controlled by the retailer.
For additional information visit the state .gov website.
Last updated/checked 1/28/20.
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Georgia
Vaping is banned by food service employees at work, except in designated smoking areas.
Shops:
No distribution of samples on public property, within 500 ft of a playground or school, or to people under 21
Purchase and possession prohibited under age 21
Vending machines restricted to areas where minors are prohibited, highway rest areas, or must be under direct supervision of an employee.
For additional information visit the state .gov website.
Last updated/checked 1/28/20.
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Hawaii
Vaping is under the same restrictions as tobacco smoking.
Banned in enclosed or partially enclosed places that are:
- Owned, leased, or operated by the state or county
- Open to the public
- Places of employment
- Sports arenas and stadiums
- Within 20ft of entrances or exits to restricted places
- State parks, or parks in general
- Areas owned by Hawaii Health Systems Corporation
- Property of the University of Hawaii
Retail license needed.
Shops:
Use of vapes for people under age 21 prohibited in public
Distribution of samples within 1000 ft of public property or schools not allowed.
Vending machines and self-service displays are only allowed in duty free facilities and adult only tobacco facilities.
Delivery of vape products requires 3rd party age verification and government ID or age and signature verification upon shipment and before delivery.
For additional information visit the state .gov website.
Last updated/checked 1/28/20.
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Idaho
Shops:
Retail license is not needed.
Delivery of electronic cigarettes requires age and name verification through debit/credit.
Possession, distribution, purchase, and use for minors is prohibited except during employment to stock shelves or carry product.
Vending machines and self-service displays are allowed only at adult tobacco stores.
Shipment must include a statement of prohibition on shipping to individuals under 18.
For additional information visit the state .gov website.
Last updated/checked 1/28/20.
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Illinois
Vaping is prohibited on higher education campuses, in vehicles where people under 18 are present, and in any building or structure in the Capitol Complex.
Child resistant packaging is required, except on disposable cartridges.
Shops:
Retail license is not needed.
Self-service displays and vending machines are allowed only in adult only tobacco stores.
Remote sales need a third party age verification.
For additional information visit the state .gov website.
Last updated/checked 1/28/20.
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Indiana
Requires child resistant packaging except for prefilled cartridges.
Vape liquids require tamper evident packaging, child resistant caps, and other restrictions.
Shops:
Retail permit is not needed.
Self service displays and vending machines are restricted to adult-only facilities.
Self service sales are prohibited.
Cannot market vapes as a modified risk product.
Manufacturing (mixing, bottling, and packaging) requires permits.
Nicotine of liquids capped 75mg/ml.
Deliveries must come with the statement "E-LIQUIDS: Indiana law prohibits the sale of this product to a person who is less than 18 years of age."
Delivery must be prepaid, then shipped only after good faith effort to verify age.
For additional information visit the state .gov website.
Last updated/checked 1/28/20.
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Iowa
Vaping is prohibited on state operated and own buildings and grounds user in connection to the buildings, except private buildings on Capitol Complex. Vaping is also prohibited on the campuses of Iowa State University and the University of Iowa campuses. In any foster home or vehicle where the foster child is present, it is also banned.
Shops:
Retail permit needed.
Distribution of free products to people under 18 within 500ft of places that are in primary use by minors is not allowed.
Self-service displays and vending machines are limited to adult-only facilities.
Delivery requires signature of a person over 18 before the package is released.
For additional information visit the state .gov website.
Last updated/checked 1/28/20.
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Kansas
Shops:
Permit needed for both retailers and distributors of vending machines
Self-service displays are restricted to tobacco specialty stores. Vending machines must be inaccessible to minors or have a lock out device. Possession and distribution prohibited at juvenile correctional facilities.For additional information visit the state .gov website.
Last updated/checked 1/28/20.
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Kentucky
Vaping is banned in:- Underground mines
- Body piercing and tattoo workstations
- All property owned by the Executive branch
- Courtrooms and hallways of Harding District Court
- All school owned or leased properties (Must be implemented by July 1, 2020)
Shops:
Retail permit is not needed.
Vending machines must be inaccessible to minors or in line of sight of a cashier.
For additional information visit the state .gov website.
Last updated/checked 1/28/20.
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Louisiana
Using or carrying e cigarettes or personal vaporizers is prohibited on any school property.
Shops:
Possession under 18 not permitted unless parent or in private residence
Retail permit needed.
Self service displays of products are restricted to tobacco businesses.
Vending machines are restricted to age-restricted settings.
For additional information visit the state .gov website.
Last updated/checked 1/28/20.
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Maine
Vaping is included under the definition of smoking and is prohibited where smoking is prohibited.
Places where vaping and smoking are banned include:- Parks
- Beaches
- Historic Sites
- Other restricted outdoor areas
- Daycare and babysitting facilities and vehicles
- The Wells Reserve, except in the designated smoking area
- School buildings, grounds, buses, and school-sponsored events
Shops:
A retail license is required to sell e-cigarettes.
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.
Self-service displays of tobacco products prohibited except for sale of tobacco products in multi-unit packages of 10 or more units, in tobacco specialty stores or in locations inaccessible to persons under age 21.
Vending machine sales of tobacco products restricted to locations inaccessible to persons under age 21.
For additional information visit the state .gov website.
Last updated/checked 1/29/20.
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Maryland
Vaping is included under the definition of smoking and is prohibited where smoking is prohibited.
Shops:
A license is required for shipment, manufacture, distribution, import or sale of electronic smoking devices into or within Maryland.
Sale/distribution of electronic smoking devices to persons under age 21 years prohibited unless person is at least 18 years of age and an active duty member of the military.
For additional information visit the state .gov website.
Last updated/checked 1/27/20.
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Massachusetts
Starting June 1, 2020
Flavored tobacco products may only be sold and used on site in licensed smoking bars.
Vaping is included under the definition of smoking and is prohibited where smoking is prohibited.
Places where vaping and smoking are banned include:- Workplaces
- Indoor public areas
- Childcare centers
- State buildings and vehicles
- Public transportation
- School buildings, grounds, buses, and school-sponsored events
- Recreational children's camps
Shops:
A license is required for retailers, manufacturers and distributors.
Retail stores licensed to sell tobacco products are restricted to the sale of non-flavored nicotine products (with a nicotine content over 35 milligrams per milliliter or less).
The sale of non-flavored nicotine vaping products (with a nicotine content over 35 milligrams per milliliter) is restricted to licensed, adult-only retail tobacco stores and smoking bars.
Sale of vaping products is banned to anyone under the age of 21, except if the person was born before December 31, 2000.
Self-service displays and vending machine sales of electronic smoking devices restricted to adult-only facilities.
Sampling/free distribution of electronic smoking devices prohibited.
Distribution of free samples in a retail or other commercial establishment prohibited (except in retail tobacco stores and smoking bars).
Sale of electronic cigarettes in health care institution buildings or grounds prohibited.
Mail-order or internet sales of electronic smoking devices prohibited unless retailer requires age-verification and signature by person of legal sales age upon receipt.
For additional information visit the state .gov website.
Last updated/checked 1/30/20.
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Michigan
Vape products are not included under the definition of tobacco products.
Vape products does not have the same restrictions as smoking.
Vaping is prohibited in the Third Judicial Circuit Court.
Liquid nicotine containers must be child-filled resistant, excluding prefilled containers that are not intended to be opened by the consumer.
Shops:
A retail license is not required to sell e-cigarettes.
Sale of vapor products to persons under age 18 prohibited.
Internet sales of vapor products permitted after verifying purchaser is at least 18 years of age through a third-party service.
Self-service displays of vapor products prohibited.
For additional information visit the state .gov website.
Last updated/checked 1/30/20.
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Minnesota
Vape products are included under the definition of tobacco products, and have the same restrictions as smoking.
Vape liquids must be sold in child-resistant packaging.
Places where vaping and smoking are banned include:- All public places
- Day care facilities
- Places of employment
- Public transportation
- Health care facilities
- Public and charter schools
- State College and University facilities
- Facilities licensed by the Commissioner of Human Services
- Any facility or vehicle owned, rented, or leased by a school district
- Facilities licensed by the Commissioner of Health (with some exceptions)
Shops:
A retail license is required to sell e-cigarettes.
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.
A town board may license and regulate electronic delivery devices. However, if they do not, the county board shall license and regulate electronic delivery devices.
Sale of electronic delivery devices from a movable place of business (kiosk) prohibited.
Self-service displays of electronic delivery devices restricted to adult-only, tobacco-only businesses; vending machines restricted to locations inaccessible to persons under age 18.
For additional information visit the state .gov website.
Last updated/checked 1/31/20.
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Mississippi
Vape products are not included under the definition of tobacco products.
Vape products does not have the same restrictions as smoking.
Shops:
A retail license is not required to sell e-cigarettes.
Sale/distribution of alternative nicotine products or any cartridge or component to persons under 18 prohibited.
Internet sales of alternative nicotine products or any cartridge or component require third-party age verification.
For additional information visit the state .gov website.
Last updated/checked 1/31/20.
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Missouri
Vape products are not included under the definition of tobacco products.
Vape products does not have the same restrictions as smoking.
In state agency occupied buildings and facilities, vaping is restricted to designated areas.
Liquid nicotine containers must be child-filled resistant, excluding prefilled containers that are not intended to be opened by the consumer.
Shops:
A retail license is required to sell e-cigarettes.
Sale/distribution of vapor products to persons under age 18 prohibited.
Possession/use of vapor products by persons under age 18 prohibited.
Vending machine sales restricted to places inaccessible to persons under age 18 or through machines equipped with lock-out device and under direct unobstructed supervision of an adult.
For additional information visit the state .gov website.
Last updated/checked 1/31/20.
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Montana
Vape products are not included under the definition of tobacco products.
Vape products does not have the same restrictions as smoking.
Vaping is prohibited on public school property.
Shops:
A retail license is required to sell e-cigarettes.
Sale/distribution of vapor products to persons under age 18 prohibited.
Possession/use of vapor products by persons under age 18 prohibited.
Vending machine sales restricted to bars where machine is under direct line-of-sight supervision.
For additional information visit the state .gov website.
Last updated/checked 1/31/20.
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Nebraska
Vape products are not included under the definition of tobacco products.
Vape products does not have the same restrictions as smoking.
Shops:
A retail license is required to sell e-cigarettes.
Sale/distribution of electronic nicotine delivery systems to persons under age 19 prohibited.
Use of electronic nicotine delivery systems by persons under age 19 prohibited.
Persons under age 19 prohibited from obtaining electronic nicotine delivery systems.
Vending machine sales of vapor products are restricted to locations inaccessible to the general public or in locations where liquor is sold.
Self-service displays restricted to tobacco specialty stores and cigar bars.
For additional information visit the state .gov website.
Last updated/checked 1/31/20.
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Nevada
Vape products are included under the definition of tobacco products, and have the same restrictions as smoking.
Places where vaping and smoking are banned include:- Places of employment
- Places open to the public
- Any procedure area of an invasive body decoration establishment. (Places that perform body piercings, tattoos, and permanent makeup.)
Shops:
A retail license is required to sell e-cigarettes.
Sale/distribution vapor products to persons under age 18 prohibited.
Sale of vapor products through computer network, telephonic network or other electronic network must be packed and clearly marked “tobacco products” and only after age verification through third party service determines person is over age 18 years.
For additional information visit the state .gov website.
Last updated/checked 1/31/20.
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New Hampshire
Vape products are included under the definition of tobacco products, and have the same restrictions as smoking.
Places where vaping and smoking are banned include:- Hospitals
- Restaurants
- Public transportation
- Grounds of public educational facilities
- Day care facilities during hours of operation
- Any enclosed public area where smoking cannot be "effectively segregated"
Shops:
A retail license is required to sell e-cigarettes.
E-cigarettes and liquid nicotine must be sold in original packaging.
Sale/distribution of e-cigarettes and liquid nicotine to persons under age 18 prohibited.
Distribution of free e-cigarettes or liquid nicotine restricted to locations inaccessible to persons under age 18 or licensed retail tobacco store.
Purchase/possession/use of e-cigarettes or liquid nicotine by persons under age 18 prohibited.
For additional information visit the state .gov website.
Last updated/checked 1/31/20.
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New Jersey
All flavors are banned except for tobacco flavors.
Vape products are included under the definition of tobacco products, and have the same restrictions as smoking.
Places where vaping and smoking are banned include:- Indoor public places
- Workplaces
- Public parks and beaches
- Atlanta City International Airport
Children's Group Homes must prohibit use of electronic smoking devices and the sale and distribution of devices to children.
Shops:
A retail license is not required to sell e-cigarettes.
Sale/distribution of electronic smoking device to person under age 21 prohibited.
Advertising electronic cigarettes prohibited on NJ Transit.
For additional information visit the state .gov website.
Last updated/checked 2/17/20.
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New Mexico
Vape products are included under the definition of tobacco products, and have the same restrictions as smoking.
Places where vaping and smoking are banned include:- Workplaces
- Indoor public places
- "Reasonable" distances from entrances, windows, and ventilation systems of places where smoking and vaping is prohibited
- Use/possession/distribution of nicotine liquid containers and e-cigarettes prohibited on school property and by students at school-sponsored activities.
Shops:
A retail license is not required to sell e-cigarettes.
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.
Self-service displays of e-cigarettes and nicotine liquid prohibited.
Vending machine sales of e-cigarettes and nicotine liquid containers restricted to locations inaccessible by minors.
Nicotine liquid must be sold in child-resistant containers (unless prefilled, sealed, and not intended to be opened by consumer).
E-cigarettes and nicotine liquid containers must be sold in “original factory-sealed package”.
For additional information visit the state .gov website.
Last updated/checked 1/31/20.
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New York
Vape products are not included under the definition of tobacco products, but vaping has the same restrictions as smoking.
Places where vaping and smoking are banned include:- Hospitals
- Workplaces
- Restaurants
- Mass transit
- School grounds
- Most playgrounds
- Schools and dorms
- Railroad stations
- Library library grounds
- Hospitals and hospital grounds
- Syracuse Regional Airport property
- Niagara Frontier Transportation Authority Property
- Rochester-Genesee Regional Transportation Authority property
Shops:
A retail license is required to sell e-cigarettes.
Sale/distribution of e-cigarettes or liquid nicotine to persons under age 21 prohibited.
Self-service displays of e-cigarettes or liquid nicotine prohibited except in tobacco businesses and restricted to persons at least 21 years of age.
Vending machine sales of e-cigarettes permitted in bars, private clubs, and tobacco businesses; in other businesses that have proportionally few employees under 21, the products must not be accessible to the general public and must be visible to and under the direct control of person in charge.
Possession, manufacture, distribution and sale of flavored electronic cigarettes and nicotine e-liquids prohibited starting July 1, 2020.
For additional information visit the state .gov website.
Last updated/checked 2/10/20.
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North Carolina
Vape products are included under the definition of tobacco products, and have the same restrictions as smoking.
Places where vaping and smoking are banned include:- Child care centers
- Family child care homes
- State correctional facilities
- School property and school sponsored events
Visitors to state correctional facilities are not allowed to use or carry vapor products onto the premises.
Shops:
A retail license is required to sell e-cigarettes.
Sale/distribution of vapor products to persons under age 18 prohibited.
Vending machine sales of vapor products restricted to locations inaccessible to minors or where controlled by owner.
Purchase of vapor products by persons under age 18 prohibited.
Sample vapor products may only be distributed in a “qualified adult-only facility.”
Internet distribution of vapor products requires third-party age verification.
Delivery sellers of vapor products must obtain a license and file with the state a memo or copy of the invoice for each such sale each month.
For additional information visit the state .gov website.
Last updated/checked 2/10/20.
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North Dakota
Vape products are not included under the definition of tobacco products, but vaping has the same restrictions as smoking.
Places where vaping and smoking are banned include:- Places of employment
- 20 feet of entrances, exits, windows, air intakes, and ventilation systems
Shops:
A retail license is not required to sell e-cigarettes.
Nicotine liquid containers must be child-resistant.
Sale/distribution of electronic smoking devices to persons under age 18 prohibited.
Sale/distribution of flavored e-liquid or electronic smoking device containing flavored e-liquid to persons under age 18 prohibited.
Self-service displays restricted to tobacco specialty stores and vending machines inaccessible to persons under age 18 or which are controlled by the seller.
Purchase/possession/use of electronic smoking device by person under age 18 prohibited.
Retailers’ sale and shipment of electronic smoking devices through mail prohibited unless retailer verifies the purchaser is at least 18 years of age and requires signature upon delivery of a person at least 18 years of age.
For additional information visit the state .gov website.
Last updated/checked 2/10/20.
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Ohio
Vape products are included under the definition of tobacco products, and have the same restrictions as smoking.
Places where vaping and smoking are banned include:- Capitol buildings
- Body art establishment rooms used for body art or sterilization
- College and university campuses
- Franklin County Court of Common Pleas
Shops:
A retail license is required to sell e-cigarettes.
Alternative nicotine products must be sold in the same minimum quantities as manufacturer’s container.
Sale/distribution of alternative nicotine products to persons under age 21 prohibited.
Vending machine sales of alternative nicotine products restricted to locations inaccessible to persons under age 21 or under control of owner.
Purchase/possession/use of alternative nicotine products not allowed for persons under age 21 unless a parent accompanies them.
Only licensed secondary manufacturers can reconstitute, dilute or reprocess vapor products for resale to consumers.
For additional information visit the state .gov website.
Last updated/checked 2/10/20.
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Oklahoma
Vape products are not included under the definition of tobacco products.
Places where vaping is banned include:- School property
- School vehicles
- School sponsored events
- Opioid treatment programs
- Gambling treatment programs
- Mental illness service programs
- Community mental health centers
- Capitol Building areas assigned to the House
- Comprehensive Community Addiction Recovery Centers
- Substance related and addictive order treatments
- Properties owned, leased, or contracted for use by the state
Shops:
A retail license is not required to sell e-cigarettes.
Purchase/possession of vapor products by persons under age 18 prohibited.
Sale/distribution of vapor products to persons under age 18 prohibited.
Vending machines sales are restricted to locations inaccessible to persons under age 18.
Distribution of free vapor products to persons under 18 or on any public street, sidewalk, or park that is within 300 feet of any playground, school, or other facility used primarily by persons under the age of 18 prohibited.
Self-service displays of vapor products restricted to adult-only facilities.For additional information visit the state .gov website.
Last updated/checked 2/10/20.
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Oregon
Vape products are not included under the definition of tobacco products, and have the same restrictions as smoking.
Places where vaping and smoking are banned include:- Jury rooms
- Hospitals
- Public places
- 75% of hotel rooms
- Places of employment
- Inside a car while a person under 18 is present
- 10 feet of entrances, exits, windows, or ventilation intakes of prohibited areas
- Schools, youth correction, and juvenile facilities or their sponsored events
Shops:
A retail license is not required to sell e-cigarettes.
Inhalant delivery systems (including all component parts such as inhalants) must be labeled pursuant to state rules and sold in child-resistant packaging which is not attractive to persons under age 18.
Sale of inhalant delivery system to person under age 21 years of age prohibited.
Self-service displays of inhalant delivery systems prohibited except in locations inaccessible to persons under 21 years of age.
Purchase of inhalant delivery system by person under age 21 prohibited.
Possession of inhalant delivery system by person under age 18 prohibited.
Vending sales of inhalant delivery systems restricted to locations inaccessible to persons under age 21 years of age.
Sale of nicotine inhalant delivery devices and liquid nicotine containers prohibited by medical marijuana dispensaries.
For additional information visit the state .gov website.
Last updated/checked 2/10/20.
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Pennsylvania
For additional information visit the state .gov website.
Vape products are included under the definition of tobacco products, and have the same restrictions as smoking.
Places where vaping and smoking are banned include:- Schools
- School vehicles
- School property owned, leased, or under control of a school district
Shops:
A retail license is required to sell e-cigarettes.
Tobacco products (incl. electronic cigarettes) must be sold in original manufacturer packaging without modification or alteration.
Sale of electronic cigarettes to persons under age 21 (or under age 18 if military member or veteran) prohibited.
Self service displays of electronic cigarettes restricted to specialty tobacco stores.
Vending machine sales of electronic cigarettes prohibited in locations accessible to persons under age 21 (or under age 18 if military member or veteran).
Persons under age 21 (or under age 18 if military member or veteran) prohibited from purchasing electronic cigarettes.
For additional information visit the state .gov website.
Last updated/checked 2/10/20.
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Rhode Island
Vape products are not included under the definition of tobacco products, but vaping has the same restrictions as smoking.
Places where vaping and smoking are banned include:- Schools
- Workplaces
- Sports arenas
- Public places
- Public transportation
- Health care facilities
- Common areas of multi-unit housing
- Child and adult day care facilities
- Rhode Island Department of Corrections facilities vehicles and property
Shops:
A retail license is required to sell e-cigarettes.
Electronic nicotine delivery system liquids must be sold in child-resistant packaging.
Electronic nicotine delivery system must be sold in “original, factory-wrapped package.”
Sale/distribution of electronic nicotine delivery system to persons under age 18 prohibited.
Purchase of electronic nicotine-delivery systems by persons under age 18 prohibited.
Public use/possession of electronic nicotine-delivery systems by persons under age 18 prohibited.
Vending machine sales of electronic nicotine delivery systems restricted to locked machines in locations continually supervised and in direct line of sight of authorized person on a business premises or in locations inaccessible to persons under age 21.
Distribution of free electronic nicotine-delivery systems or coupons for free products within 500 feet of any school prohibited.
Sale of flavored electronic nicotine delivery systems prohibited.
For additional information visit the state .gov website.
Last updated/checked 2/10/20.
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South Carolina
Vape products are not included under the definition of tobacco products.
Places where vaping is banned include:- Ambulances
- School properties and school-sponsored events
Shops:
A retail license is not required to sell e-cigarettes.
E-liquid containers (except those that are sealed and not intended to be opened by consumers) must be child-resistant and be labeled appropriately with warnings as prescribed by federal regulation.
Sale/distribution of alternative nicotine products to persons under age 18 prohibited.
Purchase/possession of alternative nicotine products by persons under age 18 prohibited.
Vending machine sales of alternative nicotine products restricted to locations inaccessible to persons under age 18 or locked and under control of owner.
Internet or remote sales of alternative nicotine products require third party age verification.
Specialty alternative nicotine shops must prohibit entry to persons under age 18 years.
For additional information visit the state .gov website.
Last updated/checked 2/10/20.
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South Dakota
Vape products are included under the definition of tobacco products, and have the same restrictions as smoking.
Places where vaping and smoking are banned include:- Public places
- Workplaces
- All properties and vehicles owned, leased, or occupied by the Department of Corrections
Shops:
A retail license is not required to sell e-cigarettes.
Vapor products must be sold in original manufacturer’s packaging.
Sale/distribution of vapor products to persons under age 18 prohibited.
Purchase/possession/ use of vapor products by persons under age 18 prohibited.
Distribution of free vapor products within 500 feet of school, playground, or other child-focused facility prohibited.
Self-service displays of vapor products restricted to tobacco specialty store or vending machines inaccessible to persons under age 18.
For additional information visit the state .gov website.
Last updated/checked 2/10/20.
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Tennessee
Vape products are included under the definition of tobacco products, and have the same restrictions as smoking.
Places where vaping and smoking are banned include:- Child care centers
- Any room or area in a community center while the area is used for children's activities
- Zoos
- Museums
- Schools
- School grounds
- Group care homes
- Healthcare facilities
- Youth development centers
- Residential treatment facilities for children and youth
- Tennessee Technological University, Cookeville student housing
Shops:
A retail license is not required to sell e-cigarettes.
Liquid nicotine containers must be child-resistant.
Sale/distribution of vapor products to persons under age 18 years prohibited.
Purchase/possession of vapor products by persons under age 18 prohibited.
Minors permitted to handle vapor products in the course of employment when under the supervision of someone at least 21 years of age.
Distribution of free vapor products/samples prohibited on “any public street, sidewalk, or park."
Distribution by mail of vapor products requires distributor obtain an affirmative statement from recipient that the person is 18 years or older.
For additional information visit the state .gov website.
Last updated/checked 2/10/20.
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Texas
Vape products are not included under the definition of tobacco products.
Places where vaping is banned include:- School grounds
- Childcare homes and centers
- Vehicles transporting children
- School transportation vehicles
- Before and after school programs
- Residential child care facilities
- School sanctioned or school sponsored activities
- Inside the Department of Criminal Justice facilities
- Licensed pediatric extended care transportation vehicles
Restricted to designated areas in schools, elevators, enclosed theaters, libraries, museums, hospitals, certain buses, planes, and trains.
Shops:
A retail license is not required to sell e-cigarettes.
Liquid nicotine sold as an accessory for an e-cigarette must be sold in a child-resistant container unless prefilled and sealed by the manufacturer and not intended to be opened by a consumer.
Sale/distribution of e-cigarettes and distribution/redemption of coupons for e-cigarettes to persons under age 21 is prohibited (unless purchaser is at least 18 and has U.S. or state military id card).
Purchase/possession/use of e-cigarettes by persons under age 21 years prohibited unless at least 18 with a U.S. or state military id card.
Self-service/vending sales of e-cigarettes restricted to locations inaccessible to persons under age 21.
Retailers of e-cigarette delivery sales must register with the state, verify, at time of purchase and at delivery, that the purchaser is over 21 years of age, include a notice about the prohibition on selling e-cigarettes to minors, and file certain information about the purchaser with the comptroller.
For additional information visit the state .gov website.
Last updated/checked 2/10/20.
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Utah
Vape products are included under the definition of tobacco products, and have the same restrictions as smoking.
Places where vaping and smoking are banned include:- Most public indoor places
- Correctional facilities
- School properties and sponsored activities
- Vehicles where a person 15 or younger is present
Shops:
A retail license is required to sell e-cigarettes.
Retailers of electronic cigarettes must hold a valid tobacco retail permit from local health department.
Selling/distributing electronic cigarettes to persons under age 19 prohibited. The minimum legal sales age will be increased to age 20 on July 1, 2020, and to age 21 as on July 1, 2021.
Purchase/possession of electronic cigarette by person aged 18 years or younger prohibited. The prohibition will apply to those under age 20 as of July 1, 2020, and to those under age 21 as of July 1, 2021.
Retail sales of electronic cigarette to consumer must be through a face-to-face exchange, except sales through a tobacco specialty shop, vending machine or self-service display inaccessible to persons under age 19. The minimum age of entry will be increased to 20 as of July 1, 2020, and to 21 as of July 1, 2021.
Tobacco specialty businesses (including those selling electronic cigarettes) must prohibit anyone under age 19 from entering (unless accompanied by parent or is 18 and older and active-duty military). The age of legal entry will be raised to 20 on July 1, 2020, and to 21 on July 1, 2021.
Tobacco retail specialty businesses must be located 1,000 feet from “community locations” (including, but not limited to, schools, churches, playgrounds and youth centers), 600 feet from other tobacco specialty shops, and 600 feet from property used or zoned for agriculture or residential use.
Distribution of electronic cigarette samples restricted to distribution to adults at “professional conventions” or with “purchase of another tobacco product or electronic cigarette.”
For additional information visit the state .gov website.
Last updated/checked 2/10/20.
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Vermont
Vape products are included under the definition of tobacco products, and have the same restrictions as smoking.
Places where vaping and smoking are banned include:- Indoor public places
- Publicly owned hospital buildings and their grounds
- 25 feet of any state-owned building
- Workplaces
- Child care facilities
- After-school programs
- Public school grounds and school sponsored events
- Vehicles with a child under 18
Shops:
A retail license is not required to sell e-cigarettes.
Liquid nicotine must be sold in child-resistant packaging, excluding pre-filled cartridges not intended to be opened by consumer. The online sale of vapor products is prohibited in Vermont.
Sale/distribution of tobacco substitutes to persons under age 21 prohibited.
Purchase/possession of tobacco substitutes by persons under age 21 prohibited.
Self-service displays restricted to locations inaccessible to persons under age 21 years.
No person under the age of 16 years may sell tobacco substitutes.
For additional information visit the state .gov website.
Last updated/checked 2/10/20.
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Virginia
Vape products are not included under the definition of tobacco products.
Places where vaping is banned include:- School buses, properties, and sponsored activities
- State park structures where smoking is prohibited
- Virginia Railway Express trains and 100ft on the north end of station platforms
Shops:
A retail license is not required to sell e-cigarettes.
Sale/distribution of nicotine vapor products to persons under age 21 prohibited (unless person is active duty military 18 yrs of age or older).
Purchase/possession of nicotine vapor product by person under age 21 prohibited (unless person is active duty military 18 yrs of age or older).
Mail order and internet sales of nicotine vapor products require verification that purchaser is over age 21 at time of purchase and signature of recipient over age 21 at time of delivery (unless purchaser is active duty military 18 yrs of age or older).
Vending machine sales of nicotine vapor products restricted to places not generally accessible to persons under age 21 years.
For additional information visit the state .gov website.
Last updated/checked 2/10/20.
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Washington
Vape products are not included under the definition of tobacco products.
Places where vaping is banned include:- Schools
- Elevators
- Playgrounds
- School buses
- 500ft of schools
- State veteran homes
- Child care facilities
- Indoor early learning facilities
- Vehicles used to transport children
- 25ft from entrances, windows, and vents
- Certain institutions of higher education
- Outdoors on property during non-business hours in a place that would not be considered a "public place"
Shops:
A retail license is required to sell e-cigarettes.
Liquid nicotine containers must be child resistant.
All “liquid nicotine containers must be labeled with a warning regarding harmful effects of nicotine, a warning to keep the ‘vapor product’ away from children, a warning that vaping is illegal for minors, and for ‘open systems,’ a disclosure of the amount of nicotine in milligrams per milliliter, along with the total volume of the container in milliliters.”
Sale/distribution of vapor products to persons under age 21 prohibited.
Purchase/possession of vapor products by persons under age 18 prohibited.
Self-service displays of vapor products prohibited except in retailers inaccessible to persons under age 21.
Samples of vapor products must take place within licensed retail premises that is restricted to those over the age of 21 years, contain no nicotine (unless “customer explicitly consents”), and use a disposable mouthpiece.
Free vapor product distribution prohibited without contemporaneous purchase of vapor product.
Delivery sales of vapor products prohibited unless seller has a valid delivery sale license, verifies the age of the purchaser through a third-party database, and only accepts payment through a credit or debit card in the purchaser’s name.
Sales/distribution, and/or advertisement of electronic cigarettes on certain campuses of higher education prohibited
For additional information visit the state .gov website.
Last updated/checked 2/10/20.
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West Virginia
Vape products are included under the definition of tobacco products, and have the same restrictions as smoking.
Places where vaping and smoking are banned include:- State owned vehicle
- Schools or school grounds, except in areas not for instruction and are inaccessible to students
Shops:
A retail license is not required to sell e-cigarettes.
Sale/distribution of vapor products to persons under age 18 years prohibited.
Vending machine sales of vapor products restricted to places inaccessible to persons under age 18.
Use/possession of tobacco products or tobacco-derived products by persons under age 18 prohibited.
For additional information visit the state .gov website.
Last updated/checked 2/10/20.
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Wisconsin
Vape products are not included under the definition of tobacco products.
Places where vaping and smoking are banned include:- State Fair Park indoor facilities and main stage area
Shops:
A retail license is not required to sell e-cigarettes.
Sale/distribution of nicotine products to persons under age 18 prohibited.
Sampling of nicotine products restricted to places inaccessible to persons under age 18 (without parent/guardian).
Purchase/possession of nicotine products by persons under age 18 prohibited.
For additional information visit the state .gov website.
Last updated/checked 2/10/20.
- State Fair Park indoor facilities and main stage area
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Wyoming
Vape products are included under the definition of tobacco products, and have the same restrictions as smoking.
Places where vaping and smoking are banned include:- Child care facilities when children are present
Shops:
A retail license is not required to sell e-cigarettes.
Liquid nicotine containers must “be sold in child resistant packaging.”
Sales/distribution/delivery of electronic cigarettes to persons under age 18 prohibited.
Purchase of electronic cigarettes by persons under age 18 prohibited.
Possession/use of electronic cigarettes by persons under age 18 prohibited.
Self-service displays and vending machine sales of electronic cigarettes restricted to locations inaccessible to persons under age 18.
For additional information visit the state .gov website.
Last updated/checked 2/10/20.
- Child care facilities when children are present