US Vaping Laws

Government attitudes towards vaping products in the United States vary greatly from state to state. Some states have specific bans on packaging, sales, and the use of vaping products. If you are looking to travel to the United States at some point, you will have to look at the state-specific vaping regulations.

United States Vaping Regulations (2022)

Vaping regulations in the United States have been put into place regarding packaging, taxation, age limitations, and licensing.

Packaging Regulations

Several states have imposed packaging systems for vaping products to warn consumers about the addictive properties of nicotine. Packaging must also include a warning that products should be kept away from children. 

There are 29 states that have implemented specific packaging laws. These laws cover the following aspects of vaping products:

  • Packaged products must include necessary precautions to avoid children from gaining access to said products
  • Packaging must clearly show the danger of using vaping products
  • Caps on e-liquids must be secured tightly to prevent leakage or tampering
  • External packaging must be secure and tightly wrapped

Taxation Regulations

A number of states have decided to add taxes on vaping products. Each state determines the taxation rate in one of the following ways:

  • The flat rate per millilitre of the e-liquid or cartridge
  • An accurate percentage of the product price
  • A combination of both approaches

Age Limitations

The United States has seen a particularly high increase in the amount of younger children and teenagers that have started using vaping products. To address this issue, all 51 states have implemented measures to make it more difficult for the youth to access vaping products. 

Some states decided to raise their age limitations higher than others, with the general age restrictions lying between 18 and 21.

Licensing Restrictions

In some states, stores require a licence to sell vaping products. This ensures professional handling of products and authorised sales. Once a store has a licence or permit, they are allowed to sell, distribute, and refill e-liquids, vapes, and cartridges/tanks.

Vaping Laws By State

Here are some of the vaping laws that have been implemented within specific states:

STATEVAPING LAWS/RESTRICTIONSAGE LIMIT
AlabamaProhibits emergency medical providers and daycare workers to vape while working19
AlaskaNo vaping where smoking is prohibitedProhibited around children19
ArizonaProhibited in foster homes18
ArkansasOnline sales prohibitedNo vaping near child care facilities, schools, state parks, or college campuses18
CaliforniaPending law on banning “flavoured tobacco”Prohibited in youth jailsRestricted in public areas and around minors21
ColoradoProhibited around minors and during driving tests18
ConnecticutProhibited in government, health, and food industry buildingsProhibited in hotel rooms and any facilities where minors are present18
DelawareNo vaping where smoking is prohibited18
FloridaProhibited within enclosed indoor areas or vehicles18
GeorgiaFood service employees may only vape in designated smoking areas18
HawaiiNo vaping where smoking is prohibitedNo vaping in public parks or on university property21
IdahoOnline orders may only be sent out to users who can confirm they are of legal age18
IllinoisNo vaping on college campuses and at the Capital Complex18
IndianaOnline orders may only be sent out to users who can confirm they are of legal age18
IowaNo vaping on state property, on university grounds, and in foster homes18
KansasProhibited at juvenile corrections facilities and juvenile jails18
KentuckyNo vaping on Executive Branch property, healthcare facilities, veteran parks, fairgrounds, underground mines, and designated rest areas18
LouisianaProhibited on school properties18
MaineOnline sales prohibited (excludes online trading between licensed businesses)No vaping where smoking is prohibited21
MarylandN/AIllegal for “minors”
MassachusettsSales of all vape flavours prohibited, excluding tobacco flavoursNo vaping where smoking is prohibited21
MichiganProhibited in the Third Judicial Circuit CourtN/A
MinnesotaNo vaping at child, government, or health facilitiesNo vaping at schools or universities18
MississippiN/A18
MissouriN/A18
MontanaN/A18
NebraskaN/A18
NevadaNo vaping at piercing salons18
New HampshireNo vaping where smoking is prohibitedProhibited at any educational institutions18
New JerseySales of all vape flavours prohibited, excluding tobacco flavoursNo vaping where smoking is prohibited, in children’s group homes, and at the Atlantic City airport21
New MexicoNo vaping on school properties or during school-related events18
New YorkSales of all vape flavours prohibited, excluding tobacco flavoursOnline sales prohibitedNo vaping where smoking is prohibited18
North CarolinaNo vaping in childcare facilities, schools, or prisons18
North DakotaNo vaping where smoking is prohibited18
OhioNo vaping on university campuses, in capitol buildings, or at tattoo salons18
OklahomaNo vaping in addiction recovery facilities or facilities dedicated to treating mental health disorders18
OregonOnline sales prohibited (excludes online trading between licensed businesses)No vaping where smoking is prohibited21
PennsylvaniaN/AN/A
Rhode IslandSales of all vape flavours prohibited, excluding tobacco flavoursNo vaping where smoking is prohibited18
South CarolinaNo vaping in ambulances18
South DakotaShipping of all tobacco products and vaping devices prohibitedNo vaping where smoking is prohibited or in any property belonging to the Department of Corrections21
TennesseeProhibited at Tennessee Tech and student housing18
TexasVaping limited to designated smoking areasNo vaping at school activities or in the Department of Criminal Justice facilities18
UtahOnline sales prohibited (excludes online trading between licensed businesses)No vaping where smoking is prohibited19
VermontOnline sales prohibited (excludes online trading between licensed businesses)No vaping where smoking is prohibited, in cars when someone under 18 is present, and on public school grounds18
VirginiaNo vaping on buses or school properties21
WashingtonNo vaping where smoking is prohibited as well as childcare facilities, playgrounds, schools, universities, and veteran homes18
West VirginiaNo vaping in areas where smoking is prohibited18
WisconsinNo vaping at State Fair Park’s indoor buildings or main stage18
WyomingNo vaping in areas where children are present18

When travelling to the United States, be sure to check the state-enforced laws – since the States have some of the most rigidly enforced laws yet. Some cities also have their own restrictions, so it may be best to look at the cities you are planning to visit as well. 

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