E-Cig State Laws: Current and Pending Legislation

e cig state laws

State Color Key:

Green:  Safe to Vape (For Now)

Yellow:  Anti-Vaping Legislation Pending

Red:  Anti-Vaping Legislation Passed

 

Are Electronic Cigarettes Legal or Banned In Your State?

It's important to have the latest information on all laws that affect vaping. We've compiled the latest laws in all 50 states for you. Just check out the table below:
STATE
CURRENT LAW
PENDING LEGISLATION
AlabamaProhibits the sale of e-cigarettes to anyone under 19.
AlaskaProhibits the sale of e-cigarettes to anyone under 19.
ArizonaProhibits the sale of e-cigarettes to anyone under 18.
ArkansasProhibits the sale of e-cigarettes to anyone under 18.E-cigs included in indoor smoking ban.
CaliforniaProhibits the sale of e-cigarettes to anyone under 18. SB 648 (update: tabled until January), which has already passed the California Senate, has been assigned to the California Assembly Committee on Government Organization. If enacted, this bill would ban the use of vapor products wherever smoking is banned. Among those provisions most likely to impact users are those that would:

- Ban e-cigarette use in virtually all workplaces in California, including in hospitals. Violations would be punishable by fines of $100, $200, and $500. (Section 12)

- Ban e-cigarette use inside or within 20 feet of any public building or in a vehicle owned by the state. (Section 4)

- Declares that the use of electronic cigarettes “may be a hazard to the health of the general public,” and would include e-cigarettes in all future smoking bans passed in California. (Section 11)

- Ban e-cigarette use in railroads and air carriers. (Section 13)

Union City: Law goes into effect Jan 10 that will classify e-cigs as regular tobacco products. Restricting their use in public places.
ColoradoProhibits the sale of e-cigarettes to anyone under 18.
ConnecticutSB 990 would:

- Ban the use of e-cigarettes in any public place where smoking is prohibited.

- Because Connecticut law bans "smoking" in any tobacco shop that has changed its size or opened since the end of 2002, e-cigarette usage would also be banned in brick & mortar e-cigarette stores stores across Connecticut.
Delaware
District of ColumbiaE-cigs included in indoor smoking bans.
Florida
Georgia
Hawaii
Idaho
IllinoisUpdate 4-29-14: Chicago prohibits the use of e-cigs within 15 feet of any building entrance. E-cig use is banned in most public places. Chicago retailers must keep e-cigs behind the counter.

Illinois prohibits the sale of e-cigs to minors.
Update 4/7/14
HB5689 would:
- Require all e-cigarette liquids to be sold in "special packaging" and require the Illinois Department of Public Health to establish standards for such packaging
- BAN the sale of all e-cigarette liquids in Illinois until these regulations are enacted.
IndianaProhibits the sale of e-cigarettes to anyone under 18.
Iowa
KansasProhibits the sale of e-cigarettes to anyone under 18.
Kentucky
LouisianaHB 713 would increase the state's smokeless tobacco tax by 100%.

Update 4-18-2013: Referred to Committee on Ways and Means.
MaineHP 950: On May 15, 2013, the Joint Committee on Taxation gave a Do Not Pass Recommendation to HP 950. Maine vapers are safe for now.
MarylandProhibits the sale of e-cigarettes to anyone under 18.
MassachussetsBoston prohibits sale of e-cigarettes to minors and prohibits e cigs in the workplace.Update 10-30-13: Bill that would ban e-cig sales to minors, prohibit use on school grounds and regulate use in public spaces and workplaces has been OK'd by the Committee on Public Health. The bill is now making its way through the Massachusetts State House.
Michigan
MinnesotaProhibits the sale of e-cigarettes to anyone under 18.
MississippiProhibits the sale of e-cigarettes to anyone under 18.
Missouri
Montana
NebraskaProhibits the sale of e-cigarettes to anyone under 18.
Nevada
New HampshireProhibits the sale of e-cigarettes to anyone under 18.
New JerseyProhibits the use of e-cigarettes in public places and workplaces.

Prohibits the sale of e-cigarettes to anyone under 18.
New Mexico
New YorkUpdate 4-29-14: New York City bans the use of e-cigs wherever regular cigarettes are banned including restaurants, workplaces, bars, parks and offices.

Prohibits the sale of e-cigarettes to anyone under 18.

Prohibits use of e-cigarettes within 100 feet of entrances of schools and public buildings.
A.B. 7106 would:

- Define electronic cigarette products containing nicotine to be "tobacco products" under New York law by redefining the term to mean any product "containing tobacco or nicotine that is intended or expected to be consumed."

- Impose a 95% wholesale tax on e-cigarette sales.

- Increase New York's tax on smokeless tobacco from 75% to 95%, a 27% increase.

- Require e-cigarette vendors to obtain a tobacco retail license to sell e-cigarettes. (see N.Y. TAX LAW § 480-A)

Int 1020 & Int 1021 would:

- Redefine "tobacco products" under New York City law to include e-cigarettes and related components, parts, and accessories (both ordinances)

- Ban the display of e-cigarettes and smokeless tobacco in retail stores (Int 1020-2013)

- Ban the sale of e-cigarettes or e-liquid in flavors other than tobacco, menthol, mint and wintergreen in areas other than an age-restricted "tobacco bar." New York City law prohibits "tobacco bars" that were not open in 2001, and thus even an e-cigarette store in New York City would be prohibited from selling flavored e-cigarettes. (Int 1021-2013)

- Mandate that e-cigarette products and parts, components, and accessories only be sod in their original packaging (Int 1021-2013)
North CarolinaProhibits the sale of e-cigs to minors.
North DakotaProhibits use of e-cigarettes in almost every public and private location in the state.
OhioUpdate 11-20-13: HB 144 has passed the House and has moved on to the Senate.

House Bill 144 would:

- Prohibit sale of e-cigarettes to anyone under 18.

- Ensure electronic-cigarettes and other alternative nicotine products remain taxed at a lower rate than traditional cigarettes and stay outside the state’s indoor smoking ban.
OklahomaUpdate 4-16-13: The Bill has passed the House and Senate. Awaiting signing into law.

HB 2097 would:

- Ban sales of "vapor products" (e-cigarettes) to minors

- Not tax e-cigarettes

- Not require a tobacco license to sell e-cigarettes

- Not criminalize consumers who purchase e-cigarettes online online

- Not define e-cigarettes to be a "tobacco product."

- Reduce Oklahoma's tax on "tobacco-derived" products like snus and dissolvable tobacco.
Oregon
PennsylvaniaUpdate 4-10-14
Philadelphia has banned the sale of e-cigs to minors and prohibits the use of e-cigs in virtually all public places including bars, restaurants and workplaces.
Rhode Island
South CarolinaProhibits the sale of e-cigarettes to anyone under 18.
South Dakota
TennesseeProhibits the sale of e-cigarettes to anyone under 18.
Texas
UtahIncludes e-cigs in the state public smoking ban, prohibiting the use of e-cigs in all public places and workplaces.

Prohibits the sale of e-cigarettes to anyone under 19.

Includes e-cigs in indoor smoking ban.
VermontUpdate 4/7/14
Bill H 884 would impose 92% tax on e-cigs. The bill will go before the Senate Finance Committee on 4/8/14.
Virginia11-26-13 - HB 26 would prohibit purchase of e-cigs by minors.
WashingtonProhibits the sale of e-cigarettes to anyone under 18.

King County has banned the use of e-cigarettes in public places.
Kitsap County is attempting to add e-cigarettes to smoking ban.
West Virginia
WisconsinProhibits the sale of e-cigarettes to anyone under 18.
WyomingProhibits the sale of e-cigarettes to anyone under 18.

If you’re in one of the vape friendly states, you might want to check out our best e-cig guide for 2014 and best e-liquid buying guide for 2014 featuring great brands like Halo e cigs and Halo e juice.

Latest News:

How e-cigarette companies are quietly winning the war on regulation
Opponents of the laws see it another way: that they’ll undo decades of public health work. The lax rules could result in normalization of a potentially harmful activity, encourage smokers to take up the habit, and expose people to second-hand vaping …
Read more on Vox

WHO Report Blasts E-Cigs And Big Tobacco’s Growing Influence
E-cigarette marketing came under a firestorm of criticism by the World Health Organization yesterday in a report on “Electronic Nicotine Delivery Systems” (ENDS) that calls for banning their use indoors, curtailing advertisements that could encourage …
Read more on MediaPost Communications

Utah Hits E-Cig Cos. With $1.1M In Fines Over Deceptive Ads
Law360, New York (August 27, 2014, 5:51 PM ET) — Utah regulators said Wednesday that three electronic cigarette e-retailers are facing a total of $ 1.1 million in fines after the state cited them for claiming in advertising that e-cigarettes are a …
Read more on Law360 (subscription)

Health Organizations Call For A Ban On E-Cigarettes Indoors
And it could take years to find out if vaping causes cancer and other deadly diseases. But that lack of certainty means that people need more protection, not … And if that’s not enough, the American Heart Association issued its first policy statement …
Read more on NPR (blog)

 

CASAA

Consumer Advocates for Smoke-free Alternatives association

This Call to Action will be updated as we receive more information about upcoming meetings and...
Posted: December 16, 2014, 3:00 am
As noted in our blog last week, Representatives Boehner, McCarthy, and Upton wrote a letter to the...
Posted: December 9, 2014, 12:59 pm
UPDATE 11/8/14:  14-0371 Electronic Smoking Devices: A second hearing was held this week on...
Posted: November 10, 2014, 12:14 am
By now, every vaper in SE Pennsylvania should know about Philadelphia Councilwoman Brown’s proposal...
Posted: October 31, 2014, 2:09 pm

 

Entrepreneur. Type G.

  • Jessica

    I am trying to locate the laws for wisconsin to sell e cigs.I know I would not be held to tobacco laws except no one under 18 yrs old. I need to know what tax laws or permit laws I need to know about. I have asked some web pages but no one has responded. Can you help me with this? I dont want to start selling them and skip a step, they can shut me down. HELP

    • http://www.licensetovape.com/ Johnny Vape

      Hi Jessica. Thanks for your question. Our focus is not so much on permits and local tax laws as it pertains to e-cigarette vendors. We focus more on national and statewide legislation as it affects e-cig consumers. You might want to start by contacting your local chamber of commerce. Here’s a list of all local Wisconsin chambers of commerce… http://www.2chambers.com/wisconsi1.htm

      Hope that helps!

  • Steven

    Nice list. I’m doing some research considering e-cigs in Missouri. Do you have a source for the Missouri age restriction? The current state statute defines ‘tobacco product,’ but does not refer to electronic cigarettes.

    http://www.moga.mo.gov/statutes/C400-499/4070000925.HTM

    • http://www.licensetovape.com/ Johnny Vape

      Thanks, Steven! The article linked below is where I got the info about Missouri’s e-cig legislation. Apparently, the most recent bill included e-cigs under the definition of “cigarette.” And it is illegal to sell cigarettes to minors. Check out the very bottom of the page for the exact text. And if it’s incorrect, I’ll change the chart.

      http://www.cspnet.com/category-management-news-data/tobacco-news-data/articles/states-and-e-cigarette-legislation

      • Steven

        You’re right about the most recent bill, but I think the bill in question never got out of committee. http://legiscan.com/MO/text/HB751/id/767210
        While there probably aren’t a lot of place that sell to 17 & below, I think it’s legal in Missouri.

        • http://www.licensetovape.com/ Johnny Vape

          Looks like you’re right. I’ll update the chart. Thanks for the heads up, Steven!

  • Diggin’ In

    My company has been trying to move me from VA to NJ, and I have held them off for 6 months. Does anyone know how lenient or strict the law is enforced on ECIG’s is in NJ? Can one vape in a hotel room, car or even their own home/apartment? Many thanks for a response. Smoked regular cigs for 40 yrs, but now they are just to nasty with all of the toxic chemicals the government has been forcing tobacco companies to put in them. And, even so, vaping is pure – flavor, nicotine hi-med-low-none, propylene glycol. It’s vapor w/a certain amount of nicotine or none at all. Why does government insist on calling it smoke? Who is the best representative to contact in NJ to repeal the ridiculous ban on ecigs?

    • http://www.licensetovape.com/ Johnny Vape

      Thanks for the comment! I’m not sure how strict New Jersey is in the enforcement of it’s anti-vaping laws. It looks like you are prohibited from vaping in public places including workplaces – just like regular cigarettes. Seems like you’d be fine to vape in the privacy of your own apartment or home.

      As for a way to get involved in fighting for vapers rights, the organization CASAA is a good place to start. Check them out here http://casaa.org/

  • Akvapor

    The Alaska law section is incorrect. It is illegal to sell any tobacco product or nicotine product (including e cigs) to anyone who is under the age of 19, not 18 like in most other states. Non nicotine e liquid is not banned to people under 19.

    • http://www.licensetovape.com/ Johnny Vape

      Thanks for the info! Will adjust the chart to reflect the latest Alaska laws.

  • Bethany

    Does anybody know about the laws for selling vape pens in Oregon? I’m having a hard time finding anything.

  • Dan

    Hello, I looked at the chart it there is no ban for the sale of ecigs to anyone under the age of 18. Is this up to date? Im turning 18 in several months and I was just going to wait then to buy one legally but if there is no ban i might as well get one now. Thanks for the help.

  • SANDIANNE

    There seems to be no way anyone could know if you enjoy an e-cig in your hotel room, apartment, private office or airplane restroom. Why is this an issue? Vapor is NOT smoke.

    • http://www.licensetovape.com/ Johnny Vape

      E-cig laws can be very confusing as they vary wildly from state to state, city to city. I would definitely recommend NOT vaping in an airplane restroom, or anywhere on an airplane for that matter :)

  • don

    the state of illinois has a bill pending(hb5689)that would ban all sales of vaping fluid until the dept. of health could establish child safe packaging for them. please update your listing

    • http://www.licensetovape.com/ Johnny Vape

      Thanks for the heads up, Don. Will update the chart.

  • Nick

    As far as vaping on a plane, I travel a fair amount for work and have vaped on planes, making eye contact with flight attendants on no fewer then 15 flights in the last month (Delta, United, Continental, and American). Politely explaining what you are doing to the passengers seated next to you, and loudly enough for those around you to hear, assuages most concerns. Being discreet by not blowing massive vapour clouds is likely another reason I have yet to have any issues.

    The final decision is up to you!

  • Lyndsey

    Philadelphia,Pa has just passed bill to ban the sales to minors and banning vaping wherever smoking is banned for the exception of vape specific stores, I believe. Mayor Nutter has not signed it has of a few days ago but it is believed he is going to.

    • http://www.licensetovape.com/ Johnny Vape

      Thanks, Lyndsey! The chart has been updated to reflect Mayor Nutter’s penmanship skills.

  • http://www.kannabisreview.com Robin Wilder

    I am the owner of http://www.kannabisreview.com we are a cannabis directory, we are in the process of building our online store for vape pens and I wanted to know if you had any information on the laws of selling vape pens online and using a drop shipper to distribute the product? Thank you for you reply!

  • Mark A Davidson Sr.

    In Indiana, it has been up to the cities to decide yay or nay on e-cigs being included in any smoking ban. I live in indianapolis ( marion county ) has a no smoking , no vaping ban in effect but the county south of me does not but at least one city in that county doesn’t allow vaping or smoking in bars, businesses and such.Great list tho, Thanks

  • john smith

    glad i can make every piece of my vaping equipment from local parts such as wire, wick, and glycerin. unless the government plans on banning those. i think vaping is going to be around for awhile. but PLEASE BAN IT so i can make a shit ton of money selling the solutions at inceredably high prices.

  • Sean Mills

    North Carolina banned sales to under-18s back in August ’13. May want to update, as this chart is being used as a resource on and ECF thread.

    • http://www.licensetovape.com Johnny Vape

      Thanks! Update on the way…

  • me

    can minors buy e cigs in Idaho?

    • Drew Beyer

      most (if not all) shops will not sell to minors. even before the laws were passed. my shop didn’t nor did any of the other shops. politicians like to solve problems that never existed in the first place. the problem is minors going online and buying them.

  • Steven M Wren

    I was just informed tonight at a West Des Moines Iowa establishment that they could “lose their liquor license” for allowing me to vape in there establishment. I think it is just BS and would like to challenge their verbal crap. There is no state ban or posted ban and In my mind it amounts to discrimination. I would like to challenge tonight’s public humiliation legally. Any Pro Bono lawyer that would like to help, please contact me. Thank you. (5/26/2014)

  • Anh Hoang Nguyen

    So anyone even teens are allowed to vape in Florida

  • Kameron Jacobs

    In Washington State Pierce County, the use of E-Cigs and Vapes are prohibited in public places. http://www.tpchd.org/health-wellness-1/tobacco-prevention-control/smoking-in-public-places-secondhand-1/