How Old Do You Have to Be to Vape?

How Old Do You Have to Be to Vape? Vaping Laws By State

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What is the legal age to vape? As of December 20, 2019 and continuing to the present day, federal vape laws established that the legal age to buy vaping products in all states is 21. The answer seems simple. However, a more complete answer about how old you have to be to own a vape can be found by breaking down rules and regulations by state. Prior to the new law, the federal minimum age was 18. Also, 18 was the minimum age to buy vapor products in a total of 31 states. Do the more recent federal laws override state laws? Good question.

Congress passed the minimum 21 age law and it was signed by the President. Technically that means that the federal electronic cigarette laws must be followed in every state. However, it is not that simple. State and local law enforcement agencies often do not actively pursue federal law enforcement. Also, Alcohol, Tobacco, and Firearms federal agents are unlikely to be staking out Joe’s Vape Shop in Little Rock.

The United States Congress passed this law after the FDA released new vape laws including a minimum legal vaping age of 21. The FDA was responding to concerns about the dangers of vaping. A mysterious vape lung illness, now called EVALI by the CDC, was caused by vitamin E acetate in THC drug oils. This was quickly leading to national panic, forcing the FDA to react. In the beginning, e-cigs and vaping were blamed for the outbreak, causing vaping to come under attack from every direction. The hysteria led to a number of new vape laws by state and local jurisdiction. States have scrambled to amend state legislation so that state laws will match the new federal legal age to vape.

How Old Do You Have To Be To Vape?

The Trump administration signed a law on December 20, 2019, making the minimum age limit to vape 21. Whether you are asking how old do you have to be to buy a vape or how old do you have to be to own a vape, the answer on both counts is 21. In more formal language, you must be 21 to either buy or possess electronic cigarette products. These vape laws in the US are among the most strict vape laws in the world. Why is 21 viewed as the best age limit to discourage nicotine addiction?

According to research, 95% of adult nicotine users started before the age of 21. Lawmakers theorize that increasing the legal age to buy vapor products in America to 21 can reduce nicotine dependence for the next generation.

Is Vaping Considered A Tobacco Product?

The FDA possesses a wide and sweeping definition of tobacco products. Obviously, e-cigs with nicotine are considered tobacco products. But, so are the vape batteries used in e-cig mods. Also,the battery chargers for your e-cig kits and pod vape systems are considered tobacco products. Virtually anything associated with vaping is considered to be a tobacco product by the FDA.

The legal age to vape without nicotine is the same as the legal vaping age. As mentioned above, the definition of a tobacco product encompasses the full range of vapor products. The vape device itself is considered a tobacco product. Therefore, using any device requires the user to be of legal age. Nicotine or not.

What Substances Can Be Vaped?

E-liquid with or without nicotine can be vaped. But there is more to vaping than nicotine. Cannabis and CBD vapes are now common. Because of the vape lung illness EVALI, several states are now moving to regulate oil-based vape substances. This includes THC oils,specifically, the vitamin E acetate used in some THC oil cartridges.

Vape Laws By State

However, in addition to federal regulations, each state still has its own individual vape laws. The general state of vaping regulations remains a constantly changing mess. Vaping laws can be different from one block to the next in the United States, never mind state by state vape laws!

The guide to vaping laws by state will provide the most up to date answers available. Please note that listing vape laws by state does not necessarily include all municipal and county vaping regulations. Individual towns and cities often have additional age limits or other e-cigarette regulations.

Alabama Vape Laws

In Alabama you must be 19 to purchase vape devices. 

Emergency medical providers and daycare workers can’t use vape products while working.

Alaska Vape Laws

Unless you have medical approval you must be 19 years old to purchase a vape. 

Vapes are banned where smoking is banned, meaning they can’t be used in enclosed public spaces or near children. 

Arizona Vape Laws

The minimum age for purchasing vapes is 18 years old. 

Vapes are banned around foster children and in foster homes. 

Arkansas Vape Laws

To purchase products, you must be at least 18 years old. 

Vapes are banned in state park builds, on college campuses, and neat schools and childcare locations. 

California Vape Laws

You must be 21 years old to purchase vapes unless you’re in the active military, in which case the age requirement is 18. To order vape products by mail, you must be 21. 

Banned in youth jails, in public areas, and around minors. 

Colorado Vaping Regulations

To purchase vape products in Colorado, you must be 18. 

Vapes are not allowed around minors, in day facilities, and in assisted living facilities. 

Connecticut Vaping Laws

To purchase e-cig products you must be 18 years old.

Vapes are not allowed in hotels/motel rooms, schools, and government and healthcare facilities.

Delaware E-cig laws

In Delaware you must be 18 years old to purchase electronic cigarette devices. 

Vapes are banned everywhere smoking is not allowed. 

District of Columbia Vape Laws 

21 years old is the minimum age to purchase vape products.

Vapes are banned everywhere smoking is not allowed. 

Florida Vape Laws

You must be 18 years old to purchase vape products.

Vapes are not allowed in care-providing indoor spaces, facilities, and vehicles.

Georgia Vaping Laws

You must be 18 to purchase vape devices. 

Foodservice employees cannot vape unless in a specifically demarcated zone. 

Hawaii E-cig Regulations

21 years old is the minimum age to purchase vape products. You need to use an ID to purchase, even if ordered online. 

Vapes are banned everywhere smoking is not allowed, included in all parks and U of H campuses/facilities. 

Idaho Vape Laws

You must be 18 to purchase e-cig products. Shipping vape products to anyone under 18 is illegal.

Illinois Vaping Regulations

To purchase e-cig products you must be 18 years old.

Vapes are not allowed at the Capitol Complex or on college campuses. 

Indiana Vape Laws

You must be 18 to purchase vape devices. If ordering a vape by mail, age of requirement of 18 must be verified and confirmed.

Iowa Vape Laws

18 years old is the minimum age to purchase vape products.

Vapes are permitted on state property, parks, foster homes, and on University of Iowa property. 

Kansas E-cigarette Regulations

Age Restriction: You must be 18 years of age to purchase vape products. 

Vapes are not allowed at juvenile jails and corrections locations. 

Kentucky Vaping Regulations

You must be 18 to purchase vape devices. 

Banned on state property, in underground mines, and on various health facilities, highway rest areas, parks, and fairgrounds. 

Louisiana E-cigarette Regulations

18 years old is the minimum age to purchase vape products.

Vapes are not allowed on educational premises. 

Maine Vape Laws

To purchase vape devices, you must be 21 years old unless you are already 18 as of July 1, 2018.

Vapes are banned everywhere smoking is not allowed. 

Maryland Vape Laws

Purchasing vape devices is illegal for “minors” aka those younger than 18. 

Flavored e cig devices are banned. 

Massachusetts E-cigarette Bans And Regulations

To purchase vape products you have to be 21 years old or have turned 18 before December 3, 2018.

Vapes are banned at children’s camps. They are banned everywhere except for demarcated smoking zones.

Michigan Vaping Laws

Minimum age to purchase vapes: 18 years old

Vapes are banned to smoke near courts. 

Minnesota Vaping Laws

You must be 18 to purchase vape devices. 

Salon workers cannot vape while working. Vapes are banned in schools, government facilities, as well as healthcare facilities. 

Mississippi E-cigarette Laws

Age Restriction: You must be 18 years of age to purchase vape products. 

Missouri Vaping Laws

Minimum age to purchase vapes: 18 years old

Vaping is restricted to specifically designated areas of public buildings and grounds occupied by state agencies. Use of vapor products in public school buildings or busses is not allowed. 

Montana E-cig Laws

Minimum age to purchase vapes: 18 years old

Use of vapor products in public school buildings or busses is not allowed. Vaping in foster homes or around foster children is not allowed. 

Nevada Vape Laws

Age Restriction: You must be 18 years of age to purchase vape products. 

New Hampshire E-cigarette Regulations

Minimum age to purchase vapes: 18 years old

Vapes are prohibited to use anywhere smoking is prohibited. Vapes are banned in public education spaces. 

New Mexico Vaping Regulations

You must be 18 to purchase vape devices. 

Vapes are not allowed on school property or during school-associated events. 

New Jersey Vape Laws

21 years old is the minimum age to purchase vape products.

Vapes are prohibited to use anywhere smoking is prohibited. Vapes are not allowed in children’s group facilities. 

New York Vaping Laws

You must be 18 to purchase vape devices. 

Vapes are prohibited to use where smoking is prohibited, except for a few exceptions. 

North Carolina Vaping Laws

The minimum age for buying vapes is 18 years old. 

Vapes are banned on school property, in prisons, and in childcare facilities. 

North Dakota E-cig Regulations

The minimum age for buying vapes is 18 years old. 

Vapes are prohibited to use where smoking is prohibited, except for a few exceptions. 

Ohio Vape Laws

You must be 18 to purchase vape devices unless bought with a parent. 

Vapes are not allowed in tattoo shops, sterilization rooms, U of C property, and other special campus properties. 

Oklahoma Vape Laws

The minimum age for buying vapes is 18 years old. 

Vapes are banned at addiction recovery centers, mental illness recovery centers, and gambling addiction recovery centers. 

Oregon Vaping Regulations

21 years old is the minimum age to purchase vape products.

Vapes are prohibited to use where smoking is prohibited, except for a few exceptions. 

Pennsylvania Vape Laws

Sale of vape devices to persons under age 21 (or under age 18 if military member or veteran) is illegal.

Rhode Island E-cig Laws

You must be 18 to purchase vape devices. 

Vapes are prohibited to use where smoking is prohibited, except for a few exceptions. Vapes are not permitted at correctional facilities. 

South Carolina Vaping Regulations

You must be 18 to purchase vape devices. 

Vapes are banned in ambulances. 

South Dakota E-cig Laws

21 years old is the minimum age to purchase vape products.

Vapes are prohibited to use where smoking is prohibited. Vapes are not permitted at correctional facilities. 

Tennessee Vape Laws

You must be 18 to purchase vape devices. 

Vapes are banned at specific educational institutions. 

Texas Laws For E-cigarettes and Vaping

You must be 18 years old to purchase a vape device unless accompanied by a parent, guardian, or spouse.

Vapes are restricted to demarcated smoking zones. Vapes are banned at school-associated events. 

Utah E-cigs Laws

To purchase from a store or distributor you must be 19. You must be at least 18 to possess an e cig device. 

Vapes are banned wherever smoking is not allowed. Vaping is banned in vehicles with any passenger under 15 years of age. 

Vermont Vape Laws

You must be 18 to purchase vape devices. 

Vapes are banned wherever smoking is not allowed.  Vaping is banned in vehicles with any passenger under 18 years of age, as well as in school locations. 

Virginia Vaping Regulations

You must be 21 years old to purchase vape devices, unless you are in active military duty, in which case you must be at least 18. 

Vaping is not allowed on school property or on buses. 

Washington Vape Laws

You must be 18 to purchase vape devices. 

Vapes are banned wherever smoking is not allowed. It is also banned at educational and school facilities. 

West Virginia Vaping Regulations

You must be 18 to buy vape devices. 

Vapes are banned wherever smoking is not allowed. It is also banned at educational and school facilities. 

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Wisconsin Vape Laws

You must be 18 to buy vape devices. 

Vaping is not allowed at State Fair Park’s main stage and indoor buildings.

Wyoming E-cig Regulations

You must be 18 to purchase vape devices. 

Vaping is not allowed at childcare facilities while children are present. 

State By State Vaping Regulations

This is the most comprehensive list of state by state vaping regulations. We update this list constantly. Please understand that we are unable to track every local ordinance impacting vapor products. The regulatory environment is wild and unpredictable. Seldom are vape laws enacted based on reason and consultation. We live in reactionary times.

It is highly unlikely that there will be a comprehensive national consensus on vaping anytime soon. For the anti-vaping forces that have already made up their minds, no contrary information is permitted. Many want to make it illegal to vape altogether. Unfortunately, there is very little reasoned inclusive discussion occurring anywhere in America these days. Like other aspects of our lives, the vaping arguments have become tribal. No one is listening.

If you would like to let us know about any new vaping regulations in your area, contact us and let us know.

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