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Vaping and E-Cigarette Laws by State

Vaping and e-cigarette laws are complex. Vape pens vary and can be adapted to use tobacco, liquid nicotine, marijuana, herbs, and more. Furthermore, while federal law allows 18-year-olds to purchase tobacco products, some states put the minimum age at 21. Pay close attention to your state’s evolving laws to avoid conflict while purchasing or using e-cigarettes.

Are E-Cigarettes Tobacco Products?

Determining what laws apply to e-cigarette products often involves knowing whether your state classifies e-cigarettes as tobacco products. The Food and Drug Administration (FDA) considers them tobacco products, but many states have yet to define e-cigs as tobacco products in their laws. It is important to note that some counties, cities, or municipalities may have their own bans in public places or certain buildings, so you should also consider local laws and ordinances before vaping.

State Vaping and E-Cigarette Laws: An Overview

Here is a list of the states where e-cigarettes are considered tobacco products, an overview of the state-specific laws, and the age restrictions on buying or using vape pens:


Vaping Bans

Are Vape Pens and E-Cigarettes Considered Tobacco Products?

Ages Limits to Buy or Use E-Cigarettes


Licensed emergency medical providers (Section 420-2-1.28(6)(i)) and licensed daycare facility workers cannot use these products while working (Section 660-5-26.03(4)(k)(10)).


Must be 21 years old (Section 28-11-13(a))


E-cigarettes banned where smoking is banned (Section 18-35-399(12)). Cannot be used in enclosed public spaces, in prohibited areas, or near children (Section 18-35-301).


Must be 19 years old (Section 11-76-105) unless used for medical purposes (Section 11-76-109)


Banned in foster homes or around foster children (Section 21-6-315)


Must be 18 years old (Section 13-3622(A-b))


Cannot use near schools, childcare facilities, or healthcare buildings (Section 26-57-254(b) and 6-21-609(b)). Banned on state college campuses (Section 6-60-804(a)) and state park buildings (Section 233.01.22).


Must be 21 years old (Section 5-78-102)


Banned in youth jails (Section 1712.5(a)). Use is extremely restricted around minors and in public areas.

Yes – Section 22950.5(d)(1)(b)

Must be 21+ or 18 years old in the active military (Sections 22958(a) and 22963(a)). Must be 21+ for mail order service (Section 22963(a-b)).


Product use banned around minors in public or daycare facilities (Section 25-14-103.5), during driving tests (Section 204-30:8-401(p)), and in assisted living residences (Section 1011-1:7-13.4(A))

Yes – Section 18-13-121(5)

Must be 21 years old (Sections 18-13-121(1)(a) and 44-7-103(1))


Vaping banned in government, health, and food industries. Banned in hotel/motel rooms. Generally banned around facilities with minors, such as schools. (Section 19a-342a(b-c))


Must be 18 years old (Section 53-344b(b-c))


Product use prohibited anywhere smoking is also prohibited (Section 16-2902(12))

Yes – Section 30-5301(15)

Must be 18 years old (Sections 11-1116(a) and 1118(a))

District of Columbia

Use banned everywhere smoking is also banned (Section 7-1702(7))

Yes – Section 47-2401(5A)

Must be 21 years old (Section 7-1721.02(a))


Use banned in enclosed indoor spaces (including cars) and in buildings or vehicles that provide care to adults or children (Section 20(a-b)). Some exceptions may apply.


Must be 21 years old (Section 569.42)


Cannot be used by food service employees unless in a designated smoking area (Section 511-6-1-.03(5)(j)(1))


Must be 18 years old (Section 16-12-171(a)(1)(A))


E-cigarettes and vaping banned in the same places as smoking (Section 328J-1). Use banned in all parks and at all University of Hawaii properties (Section 304A-122(a)). Purchase requires an ID even if using a mail order delivery service (Section 245-17(b)).

Yes – Section 323F-34(d)

Must be 21 years old (Section 712-1258(1) and (5))


Shipping products to anyone under 18 is illegal (Section 39-5717A).


Must be 18 years old (Sections 39-5705(1) and 39-5714(1))


Use banned on college campuses (Section 110-64/10) and at the Capitol Complex (Section 71-2005.40(m))


Must be 21 years old (Section 720-675)


Age restrictions on use. Mail orders must establish legal age (Section 7.1-7-5.5-3).

Yes – Section 7.1-1-3-47.5(b)

Must be 18 years old (Sections 35-46-1-10(a), 35-46-1-10.2(a), and 35-46-1-10.5(a))


Banned on state property, including outdoors, except on select properties on Capitol Complex (State Employee Policy Appendix E). Banned on University of Iowa campus (Section 681-12.6(262)) and in foster homes around foster children (Section 441-113.5(237)(6)(g)).


Must be 18 years old (Section 453A.2(1-2))


Banned at juvenile corrections facilities and juvenile jails (Section 123-2-111(a)(b)(16))


Must be 18 years old (Section 79-3321(I))


Use prohibited on property owned by the state Executive branch, including vehicles. Banned in some healthcare facilities, veterans’ parks, fairgrounds, and highway rest areas (Section 2014-747). Prohibited in underground mines (Section 352.170(3)). Childcare employees banned from use around children (Sections 922-2:180:5(7)(b) and 2:120:3(10)).


Must be 18 years old (Sections 438.310(1), 438.313(1) and 438.315(1))


Banned on school property (Section 17:240(A)(2))


Must be 21 years old (Sections 14:91.8(C), and 14:91.6(A)), unless you are 18 and with a parent or use in a private residence (Section 14:91.8(F))


Prohibited in the same places smoking is banned (Section 22-1541(6)) and the Wells Reserve aside from the designated smoking areas (Section 94-335-1-1(G)(4)).

Yes – Section 22-1551(3)

Must be 21 years old unless you are already 18 as of July 1, 2018 (Section 22-1555-B(2))




Illegal for “minors” (Section 10-107(b)(2),(c)(1))


Use banned in the same places that smoking is banned (Section 270-22(a)) except for designated smoking areas. Banned at children’s camps (Section 105-430.165).

Yes – Section 270-6

Must be 21 years old or have turned 18 before December 31, 2018 (Section 940-21.04(3))


Smoking is banned in most public places; although Michigan's Clean Indoor Act has not been amended to prohibit vaping where smoking is banned, East Lansing, Marquette County, and  Washtenaw County have ordinances that impose such a ban.

Title 18, section 6305




Use banned in child and healthcare businesses, government buildings, Minnesota State Colleges and Universities, public and charter schools, and facilities licensed by the commissioner of health. Some exceptions apply (Section 144.414). Employees of a salon cannot use vaping devices while working (Section R.2105.0375).

Yes – Section 297F.01(19)

Must be 18 years old (Sections 609.685(1)(a) and (2)(a-b))




Must be 18 years old (Section 97-32-51(2))




Must be 18 years old (Sections 407.926.1, 407.931.1, and 407.931.3)




Must be 18 years old (Section 16-11-305(1))


Use banned in public places and places of employment (Sections 71-5727 and 71-5729)


Must be 18 years old (Sections 28-1419 and 28-1425)


Limitations on using vape pens or e-cigarettes at a piercing salon (Section 49)


Must be 21 years old (Section 202.2493.2)

New Hampshire

Use banned in all areas where smoking is also banned (Section 155:66). Banned on the ground of any public educational building (Section 126-K:7(I)).


Must be 18 years old (Sections 126-K:4(I) and 126-K:8(I))

New Jersey

Banned in all areas where smoking is banned (Section 26:3D-57), banned in children’s group homes (Section 3A:56-4.6), and restricted in Atlantic City International Airport aside from designated smoking areas.

Yes – Section 54:40B-2

Must be 21 years old (Sections 2A:170-51.4(a)(2) and 2C:33-13.1(a))

New Mexico

Vaping banned wherever smoking is banned (Section 24-16-13)


Must be 21 years old (Sections 61-37-2 and 61-37-3)

New York

Vaping banned wherever smoking is banned, with some minor exceptions (Section 1399-q)


Must be 18 years old (Sections 1399-cc(2) and 1399-bb(4-5))

North Carolina

Use banned in childcare centers, family childcare homes, jail and prison, on school property, and at school events (Section 115C-407)

Yes – Section 14-313(a)(4)

Must be 18 years old (Section 14-313(b))

North Dakota

Use banned everywhere smoking is banned with some exceptions (Section 23-12-09(14))


Must be 18 years old (Section 12.1-31-03(1)(a))


Use banned in capitol buildings (Section 128-4-02(G)(9)) and body art/tattoo procedure or equipment sterilization rooms (Section 3701-9-04(K)). Prohibited on the University of Cincinnati campus and various other campuses by policy (Section 3361:10-17-06(B)(1)).


Must be 18 years old (Section 2927.02(B)(1)) unless bought with a parent (Section 2151.87(B))


Banned in any facility used to treat addiction recovery, mental illness, opioid addiction, or other addictive disorder such as gambling (specific laws can be found in Section 450).


Must be 21 years old (Section 10A-2-8-224(A))


Use is generally banned everywhere smoking is banned (Sections 433.845 and 433.850). Persons over age 21 can use e-cigs and vape pens at college facilities or facility-sponsored events in designated areas (Section 339.883). Cannot be used in a car with anyone under 18 years old (Section 811.193).


Must be 21 years old (Section 167.755(1))


Use is banned in the same places that smoking is banned (Section 6306)

Yes – Section 8201-A

Must be 21 years old, or 18 if in the military or an honorably discharged veteran (Section 6305)

Rhode Island

Use banned the same places smoking is banned (Section 23-20.10-2(19)) with some exceptions. Banned at all correctional facilities, including vehicles and properties (Section 240-20-1.6(D) and 1.16(D)).

Yes - Section 11-9-13.4

Must be 21 years old (Sections 11-9-13 and 11-9-13.10)

South Carolina

Use banned in ambulances (Section 61-7-601(O))


Must be 18 years old (Sections 16-17-500(A)-502(A))

South Dakota

Use prohibited where smoking is also banned (Section 34-46-1(6)) and in correctional facilities (including use by staff, in vehicles, or on the grounds) (Section 1.3.C.7).

Yes – Section 34-46-20

Must be 21 years old (Section 34-46-2(2))


Use banned anywhere smoking is prohibited, including: childcare centers; community centers in use; group care homes; healthcare facilities; museums when open; elementary and secondary schools (adult staff may use outdoors but not within 100 feet of a door); residential treatment facilities; youth development centers; zoos; any school grounds generally  (Section 39-17-1504)

Use banned at Tennessee Tech University and Cookeville Student Housing (Section 0240-09-02-.05(2)(d))


Must be 21 years old (Sections 39-17-1504(a) and 39-17-1505(a))


Product use restricted to designated smoking areas (Section 48.01(a-1), (d)) and banned from school-related activities (Section 38.006(b)). Also banned in Department of Criminal Justice facilities except for designated areas (Section 151.25(d)) and in all childcare centers or childcare vehicles (Sections 746.3703(d), 747.3503(d), and 748.1661).


Must be 18 years old, including redeeming a coupon for the product (Sections 161.082 and 161.087), unless with a parent, guardian, or spouse (Section 161.252)


Use banned where smoking is banned (Section 26-38-2(6)), including cars with anyone 15 years old or younger (Section 41-6a-1717).

Yes – Section 76-10-101

Must be 21 years old. (Section 76-10-114)


Tobacco substitute products are banned where smoking is banned (Sections 18-1742 with exceptions in 18-1743 and 1421(a)) and in cars with a person under 18 years old (Section 23-1134b(a)). Banned at childcare centers, after school activities (Section 33-3504(a)), and on public school grounds or at school events (Section 16-140).


Must be 21 years old (Sections 7-40-1003(a) and 1005(a)(1))


Use prohibited on buses, school property, and during school activities (Sections 22.1-79.5 and 22.1-279.6(H)).


Must be 21 years old or an active duty military member age 18 or older (Section 18.2-371.2(A)(B)(D))


Use banned at childcare buildings, playgrounds, schools, and everywhere smoking is also banned (Section 70.345.150 and 110-300-0420(2)). Banned at most colleges and universities in their regulations and in state-run veteran’s homes except for designated areas (Section 484-20-090(1)(h)).


Must be 21 years old (Sections 26.28.080(1) and 70.345.140(1))

West Virginia

Use banned where smoking is banned, including in state-owned vehicles, in schools, and on school grounds, except in areas that are inaccessible to students or not used for school purposes (Section 16-9A-4).

Yes – Section 16-9A-2(a)(1)

Must be 18 years old (Section 16-9A-2(b)(3))


Use banned at State Fair Park main stage and indoor buildings (Wisconsin State Fair Admission Policy)


Must be 18 years old (Section 134.66(2)(a))


Use banned in all childcare facilities while children are present (Section 4-14(t))

Yes (considered a "nicotine product") – Section 14-3-301(a)(i)

Must be 21 years old (Section 14-3-302(a),(c) and 14-3-304(a))

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Related Resources for E-Cigarette Laws:

Understand the Details of Your State’s Vaping Laws to Avoid Penalties

Staying compliant and up-to-date on all vaping laws is essential to avoid trouble with law enforcement. If you are facing charges for vaping underage or trying to buy a product, a lawyer who understands e-cigarette laws and their nuances can help.

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