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 |
|---|---|---|
| Alabama | Defines alternative nicotine products. Prohibits the sale of e-cigarettes to anyone under 19. | |
| Alaska | Prohibits the sale of e-cigarettes to anyone under 19. | |
| Arizona | Defines vapor product. Prohibits the sale of e-cigarettes to anyone under 18. | |
| Arkansas | Defines e-cigarette/vapor devicce. Prohibits the sale of e-cigarettes to anyone under 18. | E-cigs included in indoor smoking ban. |
| California | Defines e-cigarette device. Prohibits 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. |
| Colorado | Defines e-cigarette as a tobacco product. Prohibits the sale of e-cigarettes to anyone under 18. | |
| Connecticut | Defines electronic nicotine delivery system, vapor product. Prohibits sale to anyone under the age of 18. | SB 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 | Defines tobacco substitute. Prohibits sale to minors under 18 years old. | |
| District of Columbia | E-cigs included in indoor smoking bans. | |
| Florida | Prohibits the sale to anyone under the age of 18. | |
| Georgia | Defines alternative nicotine product. Prohibits the sale to minors under 18. | |
| Hawaii | Defines electronic smoking device. Prohibits sale to minors under 18. | |
| Idaho | Defines e-cigarette. Prohibits sale to minor under 18. | |
| Illinois | Update HB5689 - Passed. Update 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. Defines alternative nicotine products. Illinois prohibits the sale of e-cigs to minors. | Update 8/22/14 - HB5689 Passed. HB5689: - 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. |
| Indiana | Defines electronic cigarette. Prohibits the sale of e-cigarettes to anyone under 18. | |
| Iowa | Defines electronic cigarette as vapor product. Also defines alternative nicotine product. Prohibits distribution to minors under 18. | |
| Kansas | Prohibits the sale of e-cigarettes to anyone under 18. | |
| Kentucky | Prohibits sale to minors under 18. | |
| Louisiana | Defines alternative nicotine products, electronic cigarettes and vaporizers, and prohibits sale to a minor under 18. | HB 713 would increase the state's smokeless tobacco tax by 100%. Update 4-18-2013: Referred to Committee on Ways and Means. |
| Maine | HP 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. | |
| Maryland | Defines electronic device. Prohibits the sale of e-cigarettes to anyone under 18. | |
| Massachussets | Boston 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 | Adds vapor and alternative nicotine products to youth tobacco act and prohibits sale or distribution to minors under 18. | |
| Minnesota | Defines nicotine delivery products, tobacco-related devices and electronic delivery device, and prohibits sale to minors under 18. Defines the taxing methods applied to ecigarettes and alternative nicotine/vapor products. Requires child-resistant packaging for liquid nicotine containers. | |
| Mississippi | Defines alternative nicotine product and electronic cigarette. Prohibits the sale of e-cigarettes to anyone under 18. | |
| Missouri | Defines alternative nicotine and vapor products, and prohibits sale to minors under 18. States that alternative nicotine and vapor products are not to be regulated or taxed as tobacco products. Vapor product does not include any alternative nicotine product or tobacco product. | |
| Montana | ||
| Nebraska | Defines alternative nicotine and vapor products. Prohibits the sale of e-cigarettes to anyone under 18. | |
| Nevada | Defines products made or derived from tobacco, which also prohibits sale to minors under 18. | |
| New Hampshire | Defines e-cigarette, liquid nicotine, and tobacco product. Prohibits the sale of e-cigarettes to anyone under 18. | |
| New Jersey | Defines and adds e-cigarette to list of tobacco-related items that cannot be sold to minors under 19. Prohibits the use of e-cigarettes in public places and workplaces. | |
| New Mexico | ||
| New York | Update 4-29-14: New York City bans the use of e-cigs wherever regular cigarettes are banned including restaurants, workplaces, bars, parks and offices. Defines tobacco products and e-cigarettes. 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 Carolina | Defines tobacco-derived products and vapor products, and bans sales to minors under 18. Taxes liquid nicotine at 5 cents per milliliter. | |
| North Dakota | Prohibits use of e-cigarettes in almost every public and private location in the state. | |
| Ohio | Defines e-cigarette as an alternative nicotine product and prohibits sales to minors under 18. | |
| Oklahoma | Defines vapor product, prohibits sale to minors under 18 and prohibits use within 300 feet of schools. | |
| Oregon | OR DOJ Settlement prohibits sale of e-cigarettes until they are FDA approved, or until court rules FDA cannot regulate them and scientific research can prove them safe. In addition, the companies must give the Attorney General advance notice that they intend to sell electronic cigarettes in Oregon, provide copies of all electronic cigarette advertising, and provide copies of the scientific studies they maintain substantiates their claims. | |
| Pennsylvania | Update 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 | Defines and adds electronic nicotine delivery system to definition of tobacco products and prohibits sale to minors under 18. | |
| South Carolina | Defines alternative nicotine product and e-cigarette, also prohibits sale to minors under 18 if the product includes nicotine. | |
| South Dakota | Defines vapor product as a tobacco product and adds to list of products prohibited for minors under 18. | |
| Tennessee | Prohibits the sale of e-cigarettes to anyone under 18. | |
| Texas | As of October 1, 2015, it is criminal negligent to sell e-cig anything to minors. Here is link to the full law: http://www.legis.state.tx.us/tlodocs/84R/billtext/html/SB00097I.htm | |
| Utah | Includes 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. | |
| Vermont | Defines tobacco substitutes, paraphernalia and products, to includes e-cigarettes and other vapor devices. Also prohibits sale to minors under 18. Adds liquid nicotine cartridges to the list of products that must meet federal child-resistant effective packaging standards to be sold in the state of Vermont. | |
| Virginia | Prohibits the sale, distribution and use of electronic cigarettes, vapor products and other alternative nicotine products to persons under the age of 18. Bans the use of electronic cigarettes on/in school property. | |
| Washington | Prohibits 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 | Prohibits the sale, distribution and use of electronic cigarettes, vapor products and other alternative nicotine products to persons under the age of 18. | |
| Wisconsin | Prohibits the sale of e-cigarettes to anyone under 18. | |
| Wyoming | Defines “tobacco products” to include any product that is made from or contains nicotine. Defines electronic cigarette. Also prohibited for minors 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
[Update - 07.17.16]
On Wednesday, July 13th, 2016, the Pennsylvania legislature chose to protect...
Posted: July 27, 2016, 3:56 am
Updated - 05.18.16
CASAA is urging our members to support
both HR 2058 and the Cole-Bishop...
Posted: June 19, 2016, 3:07 pm
Update - 05.24.16
SB 3011 is scheduled for a hearing on:
Thursday, May 26th, 2016
9:00...
Posted: May 24, 2016, 9:41 pm
HB 4001, which would enact a 75% wholesale tax on vapor products, has been scheduled for its first...
Posted: May 24, 2016, 4:45 pm
