Since vaping and e-cigarette laws vary from state-to-state, it can be difficult to memorize which rules and regulations you need to follow. Variances between state minimum purchase ages, and flavor bans in specific states can lead to frustration when you seek out your favorite products for purchase. So, whether you want to buy disposable or refillable e-cig products, it’s important to pay close attention to your state’s evolving laws to avoid any issues purchasing or using e-cigs!
Are e-cigarettes considered tobacco products?
While it’s strange that smoking cessation devices that don’t contain the tobacco plant are grouped with combustible cigarettes, the Food and Drug Administration (FDA) indeed classifies e-cigs as tobacco products. That being said, many U.S. states are not on-board with this classification, which means that it’s important for you to familiarize yourself with the laws of each state, and those that may extend to the county, city, and/or municipality that you reside in.
State vaping and e-cig laws:
Alabama: E-cigs are not considered tobacco products. Licensed emergency medical providers and licensed daycare facility workers cannot use these products while working.
Alaska: E-cigs are not considered tobacco products. They are banned where smoking is banned and cannot be used in public spaces or near children.
Arizona: E-cigs are not considered tobacco products. They are banned in foster homes or around foster children.
Arkansas: E-cigs are not considered tobacco products. They are prohibited to be used near schools, childcare facilities, and near healthcare buildings.
California: E-cigs are considered to be tobacco products. They are banned in youth jails and restricted around minors in public areas.
Colorado: E-cigs are considered to be tobacco products. They are banned around minors in public and/or daycare facilities, during driving tests, and in assisted living residences.
Connecticut: E-cigs are not considered tobacco products. They are banned in all government, health, and food industries, in hotel/motel rooms, and anywhere around minors.
Delaware: E-cigs are considered to be tobacco products. They are prohibited to be used anywhere that combustible cigarettes are.
Florida: E-cigs are not considered tobacco products. They are banned in enclosed indoor spaces (including cars) and in buildings where there are minors.
Georgia: E-cigs are not considered to be tobacco products. They cannot be used by food service employees unless in a designated smoking area.
Hawaii: E-cigs are considered to be tobacco products. They are banned in the same places as smoking as well as on the properties of all parks and Universities.
Idaho: E-cigs are not considered tobacco products. It’s illegal to ship products to anyone under 18.
Illinois: E-cigs are not considered to be tobacco products. They also are banned on college campuses and at the Capitol Complex.
Indiana: E-cigs are considered tobacco products. Vapers must be 18 years of age and present legal ID for mail orders.
Iowa: E-cigs are not considered to be tobacco products. They are banned on state property, University campuses, and in foster homes around children.
Kansas: E-cigs are not considered to be tobacco products. They are banned at juvenile correctional facilities.
Kentucky: E-cigs are not considered to be tobacco products. They are banned in some healthcare facilities, veterans’ parks, fairgrounds, highway rest areas, and underground mines.
Louisiana: E-cigs are not considered to be tobacco products. They are banned on school property.
Maine: E-cigs are considered tobacco products. They are prohibited in the same places where smoking is banned. Mint-flavored products, such as FLIQ’s disposable menthol e-cig, are not permitted to be shipped or sold within this state.
Maryland: E-cigs are not considered to be tobacco products. There are no other restrictions.
Massachusetts: E-cigs are considered tobacco products. They are banned at children’s camps and in the same places as smoking, except designated areas.
Michigan: E-cigs are not considered to be tobacco products. They are banned in Third Judicial Circuit Court.
Mississippi: E-cigs are not considered to be tobacco products. There are no other restrictions.
Missouri: E-cigs are not considered to be tobacco products. There are no other restrictions.
Montana: E-cigs are not considered to be tobacco products. There are no other restrictions.
Nebraska: E-cigs are not considered to be tobacco products. There are no other restrictions.
Nevada: E-cigs are not considered to be tobacco products. There are limitations on the use of vape pens at a piercing salon.
New Hampshire: E-cigs are not considered to be tobacco products. They also are banned in all areas where smoking is banned, including public educational buildings.
New Jersey: E-cigs are considered tobacco products. They are banned in areas where smoking is banned, including children’s group homes. Mint-flavored products, such as FLIQ’s disposable menthol e-cig, are not permitted to be shipped or sold within this state.
New Mexico: E-cigs are not considered to be tobacco products. They are banned on school property and during school-related activities.
New York: E-cigs are not considered to be tobacco products. Vaping is banned wherever smoking is banned. Mint-flavored products, such as FLIQ’s disposable menthol e-cig, are not permitted to be shipped or sold within this state.
North Carolina: E-cigs are considered tobacco products. They are banned in childcare centers, family child care homes, jails, prisons, on school property, and at school events.
North Dakota: E-cigs are not considered to be tobacco products. However, they are banned everywhere smoking is banned, with some exceptions.
Ohio: E-cigs are not considered to be tobacco products. They are banned in capitol buildings, in body art/tattoo rooms and prohibited on various University campuses.
Oklahoma: E-cigs are not considered to be tobacco products. They are banned in any facility used to treat addiction recovery, mental illness, opioid addiction, or other disorders such as gambling.
Oregon: E-cigs are not considered to be tobacco products. They are banned everywhere that smoking is banned. Persons over the age of 21 can use e-cigs at college facilities but cannot use them in a car with anyone under 18 years of age.
Pennsylvania: E-cigs are considered tobacco products. There are no other restrictions.
Rhode Island: E-cigs are not considered to be tobacco products. They are banned in the same places where smoking is banned, including correctional facilities. Mint-flavored products, such as FLIQ’s disposable menthol e-cig, are not permitted to be shipped or sold within this state.
South Carolina: E-cigs are not considered to be tobacco products. They are banned in ambulances.
South Dakota: E-cigs are considered tobacco products. They are prohibited where smoking is banned, including in correctional facilities.
Tennessee: E-cigs are not considered to be tobacco products. They are banned at Tennessee Tech University and Cookeville Student Housing.
Texas: E-cigs are not considered to be tobacco products. They are restricted to the same designated areas as smoking and banned from school-related activities, and in all childcare centers and vehicles.
Utah: E-cigs are considered to be tobacco products. They are banned where smoking is banned and in cars with anyone 15 years old and younger.
Vermont: E-cigs are not considered to be tobacco products. However, they are banned where smoking is banned and in cars with a person under 18 years old, as well as childcare centers and after school activities.
Virginia: E-cigs are not considered tobacco products. They are prohibited on buses, school property, and during school activities.
Washington: E-cigs are not considered tobacco products, but are banned in childcare buildings, playgrounds, schools, at most colleges and universities, and everywhere smoking is banned.
West Virginia: E-cigs are considered tobacco products. They are banned where smoking is banned, including in state-owned vehicles, in schools, and on school grounds.
Wisconsin: E-cigs are not considered to be tobacco products. They are banned at State Fair Park and indoor buildings.
Wyoming: E-cigs are considered tobacco products. They are banned in all childcare facilities while children are present.
Washington D.C.: E-cigs are considered to be tobacco products and follow the same prohibitions as combustible cigarettes.
Have you ever had issues securing your favorite vaping products in your state? Drop a comment below to start a conversation.
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