Vaping and E-Cigarette Laws by State

State

Vaping Bans

Are Vape Pens and E-Cigarettes Considered Tobacco Products?

Ages Limits to Buy or Use E-Cigarettes

Alabama

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)).

No

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

Alaska

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).

No

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

Arizona

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

No

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

Arkansas

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).

No

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

California

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)).

Colorado

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))

Connecticut

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))

No

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

Delaware

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))

Florida

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.

No

Must be 21 years old (Section 569.42)

Georgia

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

No

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

Hawaii

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))

Idaho

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

No

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

Illinois

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

No

Must be 21 years old (Section 720-675)

Indiana

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))

Iowa

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)).

No

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

Kansas

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

No

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

Kentucky

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)).

No

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

Louisiana

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

No

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))

Maine

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))

Maryland

N/A

No

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

Massachusetts

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))

Michigan

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

No

21

Minnesota

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))

Mississippi

N/A

No

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

Missouri

N/A

No

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

Montana

N/A

No

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

Nebraska

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

No

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

Nevada

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

No

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)).

No

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)

Yes

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)

No

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))

No

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

Ohio

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)).

No

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

Oklahoma

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).

No

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

Oregon

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).

No

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

Pennsylvania

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))

No

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))

Tennessee

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))

Yes

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

Texas

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).

No

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)

Utah

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)

Vermont

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).

No

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

Virginia

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

No

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

Washington

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)).

No

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))

Wisconsin

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

No

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

Wyoming

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))