Vaping laws by state research summary. We analyzed the laws around vaping in each of the fifty United States. Vaping is legal in all 50 states, but the minimum age laws vary by state. Here are the critical points in our analysis of vaping regulations by state in the United States.
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24 states require a minimum age of 21 to buy vapes and e-cigarettes. These states include Alabama, California, and Florida.
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25 states require a minimum age of 18 to buy vapes and e-cigarettes. These states include Wisconsin, West Virginia, and Texas.
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Only Alaska has a minimum age of 19 to buy vapes and e-cigarettes.
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All 50 states have laws around buying e-cigarettes and vapes.
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There is no obvious pattern for why states choose different minimum ages to buy vapes.
Vaping Laws By State Map
Besides the minimum age requirements, individual states may impose additional vaping-related laws and regulations. These may include prohibitions on vaping in specific public settings, like schools or government facilities, and constraints on advertising and promotional activities. Moreover, certain states might enforce distinct labeling mandates for vaping products or restrict the distribution of flavored e-liquids.
Furthermore, Johns Hopkins Medicine shows how vaping is not good for your health. Here are several points they make on the impact of vaping on your body:
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Vaping is less harmful than smoking cigarettes, but still unsafe.
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Vaping harms your heart and lungs.
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Vapes are just as addictive as regular cigarettes because of the nicotine they contain.
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Vapes are not a tool to quit smoking.
States Where Vaping Is Legal At 21
- Alabama – 21 years old
- California – 21 years old
- Florida – 21 years old
- Hawaii – 21 years old
- Illinois – 21 years old
- Louisiana – 21 years old
- Maine – 21 years old
- Maryland – 21 years old
- Massachusetts – 21 years old
- Michigan – 21 years old
States Where Vaping Is Legal At 18
Vaping Minimum Age By State
| State | Min. Age For Vaping | Age Exceptions | Vaping Bans |
|---|---|---|---|
| Alabama | 21 | – | Licensed emergency medical providers and licensed daycare facility workers are prohibited from using E-cigarettes while working. |
| Alaska | 19 | With Parent: 18 | E-cigarettes are prohibited in areas where smoking is banned, including enclosed public spaces, prohibited areas, and near children. |
| Arizona | 18 | – | Use of E-cigarettes is banned in foster homes and around foster children. |
| Arkansas | 18 | – | E-cigarettes are not allowed near schools, childcare facilities, healthcare buildings, state college campuses, and state park buildings. |
| California | 21 | Active military: 18 | E-cigarettes are prohibited in youth jails, with strict restrictions around minors and in public areas. |
| Colorado | 18 | – | Use of E-cigarettes is banned around minors in public spaces, daycare facilities, during driving tests, and in assisted living residences. |
| Connecticut | 18 | – | E-cigarettes are prohibited in government, health, and food industries, as well as in hotel/motel rooms. They are generally banned around facilities with minors, such as schools. |
| Delaware | 18 | – | E-cigarettes are banned in any location where smoking is prohibited. |
| Florida | 21 | – | E-cigarettes are prohibited in enclosed indoor spaces, including cars, and in buildings or vehicles that provide care to adults or children. Some exceptions may apply. |
| Georgia | 18 | – | Food service employees are banned from using E-cigarettes unless in a designated smoking area. |
| Hawaii | 21 | – | E-cigarettes are banned in the same places as smoking and in all parks and on all University of Hawaii properties. An ID is required for purchase, even when using a mail order delivery service. |
| Idaho | 18 | – | It is illegal to ship E-cigarettes to anyone under the age of 18. |
| Illinois | 21 | – | E-cigarettes are banned on college campuses and at the Capitol Complex. |
| Indiana | 18 | – | There are age restrictions on E-cigarette use, and mail orders must verify legal age. |
| Iowa | 18 | – | E-cigarettes are banned on state property, including outdoors, except on select properties on the Capitol Complex. They are also banned on the University of Iowa campus and in foster homes around foster children. |
| Kansas | 18 | – | E-cigarettes are banned at juvenile corrections facilities and juvenile jails. |
| Kentucky | 18 | – | E-cigarettes are prohibited on property owned by the state Executive branch, including vehicles. They are also banned in some healthcare facilities, veterans’ parks, fairgrounds, and highway rest areas. They are prohibited in underground mines, and childcare employees are banned from using them around children. |
| Louisiana | 21 | With Parent: 18 | E-cigarettes are banned on school property. |
| Maine | 21 | – | E-cigarettes are prohibited in the same places where smoking is banned and at the Wells Reserve, except in designated smoking areas. |
| Maryland | 21 | Active military: 18 | – |
| Massachusetts | 21 | – | Vaping prohibited in areas where smoking is restricted, except in designated smoking zones. Prohibited at youth camps. |
| Michigan | 21 | – | Smoking is not allowed in most public spaces. As of 2023, Michigan’s Clean Indoor Act hasn’t extended the ban to vaping, but East Lansing, Marquette County, and Washtenaw County have local regulations prohibiting vaping in such places. |
| Minnesota | 18 | – | Prohibited in childcare and healthcare establishments, government offices, Minnesota State Colleges and Universities, public and charter schools, and health commissioner-licensed facilities, with some exemptions. Salon employees are not allowed to use vaping devices while on duty. |
| Mississippi | 18 | – | – |
| Missouri | 18 | – | – |
| Montana | 18 | – | – |
| Nebraska | 18 | – | Banned in public places and workplaces |
| Nevada | 21 | – | Limits on vape pens at piercing salons |
| New Hampshire | 18 | – | Banned where smoking is prohibited |
| New Jersey | 21 | – | Banned in public educational buildings |
| New Mexico | 21 | – | Banned in non-smoking areas, children’s homes, and Atlantic City Airport (except designated spots) |
| New York | 18 | – | Prohibited where smoking is banned |
| North Carolina | 18 | – | Banned where smoking is banned (with minor exceptions) |
| North Dakota | 18 | – | Banned in childcare centers, homes, jails, schools, and events |
| Ohio | 18 | With Parent: 18 | Banned everywhere smoking is prohibited (with exceptions) |
| Oklahoma | 21 | – | Banned in capitol buildings, tattoo rooms, and some campuses |
| Oregon | 21 | – | Banned in addiction treatment facilities |
| Pennsylvania | 21 | Active military: 18 | Banned generally (some age-specific exceptions) |
| Rhode Island | 21 | – | Banned where smoking is prohibited |
| South Carolina | 18 | – | Banned at correctional facilities and properties |
| South Dakota | 21 | – | Banned in ambulances |
| Tennessee | 21 | – | Banned where smoking is prohibited, including correctional facilities |
| Texas | 18 | With Parent: 18 | Banned where smoking is prohibited (various locations) |
| Utah | 21 | – | Restricted to designated areas, banned during school activities |
| Vermont | 21 | – | Banned where smoking is prohibited (in cars with age limits) |
| Virginia | 21 | Active military: 18 | Banned where smoking is prohibited (cars, childcare, schools) |
| Washington | 21 | – | Banned on buses, school grounds, and activities |
| West Virginia | 18 | – | Banned at childcare, schools, and like non-smoking areas |
| Wisconsin | 18 | – | Banned where smoking is prohibited (except inaccessible school areas) |
| Wyoming | 21 | – | Banned at State Fair Park (main stage and buildings) |
Methodology: Vape Laws By State
To determine the legality of vaping in every state, we conducted the following analysis:
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Compilation of Vaping Laws. An initial step involved gathering information on vaping regulations from reliable legal sources, including official state government websites and legal databases. This compilation of vaping laws ensured accurate and up-to-date information.
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Legal Review Of Vaping Laws. Each state’s specific regulations were carefully reviewed to identify the minimum age for vaping.
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Mapping Vape Laws By State. Finally, we mapped vaping and e-cigarettes’ legal status in each state.
Note we are not lawyers, and this is not legal advice. Check with local laws before buying e-cigarettes and vapes.
Conclusion
Vaping regulations across the United States present a diverse landscape, with varying minimum age requirements in different states. Our analysis has shown that 24 states have set the minimum age for purchasing vapes and e-cigarettes at 21 years old, while 25 states have opted for a minimum age of 18. The outlier in this regard is Alaska, with a minimum age requirement of 19.
It’s important to note that while these minimum age restrictions are consistent across all 50 states, there needs to be a clear pattern or uniformity in their choice of age limit. Each state has its reasons and considerations when determining the legal age for vaping.
Besides the age restrictions, states may impose additional laws and regulations, such as restrictions on public vaping, advertising, and flavored e-liquids. These measures aim to address the complex challenges posed by the vaping industry.
Additionally, it’s crucial to highlight the health concerns associated with vaping. As outlined by Johns Hopkins Medicine, vaping, while considered less harmful than smoking cigarettes, still carries health risks. It can harm the heart and lungs, is addictive due to nicotine content, and should not be viewed as a smoking cessation tool.
