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Portable Vaporizer Regulations by State

Filed in News & Politics by on February 6, 2015

Since the portable vaporizer hit the US market, regulations about vaping have been in a state of flux. Some states have lumped vaporizers into smoking bans, while others are considering it. Some areas have more nuanced rules about where you can freely use your vaporizer, from theaters to retail stores, restaurants or bars.
We’ve created an infographic to show what the current e-cigarette and vaporizer regulations look like for each state. But keep in mind, these regulations are constantly changing and could be different a week from now. To avoid a potentially unpleasant run-in with authority figures, we always recommend checking before you vape.

portable vaporizer legislation map by state v2.com

Alabama
Alabama state law has defined portable vaporizers as “alternative nicotine products,” and bans sales to minors under age 19. A proposed statewide law banning vaporizer use in public did not make it through the state legislature in 2014, but 12 municipalities have passed local laws prohibiting vaping wherever traditional cigarette smoking is banned.
Source: NCSL, nosmoke.org

Alaska
Alaska law makes it illegal to sell or give products containing nicotine to minors under age 18. Two municipalities have banned portable vaporizer use where regular smoking is banned. The University of Alaska voted to ban smoking – and vaping – on campus.
Source: Alaska.gov, uaa.alaska.edu, nosmoke.org

Arizona
Arizona has a statewide smoking ban, but it does not apply to portable vaporizers. State law defines “vapor products,” and prohibits furnishing them to minors under age 18. Two municipalities have included vaping in their smoking bans.
Source: AZ State Legislature, nosmoke.org

Arkansas
Arkansas prohibits portable vaporizer use on any school property. State law defines e cigarettes and vapor devices, and bans selling or giving them to persons under 18.
Source: NCSL.org, nosmoke.org

California
Dozens of cities in California have added the use of portable vaporizers to their smoking bans, including San Francisco, Los Angeles, and San Diego. Some bans are partial, however: in Los Angeles, vaping is allowed inside e-cigarette retail stores and on theatrical production sets; in Marin County, it’s explicitly allowed inside an apartment in multi-family buildings; and in San Diego and Santa Monica, vaping is allowed inside existing portable vaporizer businesses and vaping lounges.
Source: NCSL.org, nosmoke.org

Colorado
Colorado law prohibits portable vaporizer use on school property, and a half dozen communities – including Golden, Louisville, Brighton, Fort Collins, Lakewood and Edgewater – have added e cigarettes and vaping devices into their smoking bans, with other cities still considering it. State law also defines portable vaporizers and bans their sale or distribution to persons under 18.
Source: NCSL.org, Denver Post

Connecticut
Connecticut passed a statewide law in 2014 defining portable vaporizer products and prohibiting sales to persons under 18.
Source: NCSL.org

Delaware
Delaware bans portable vaporizer use in all state workplaces, indoor and outdoor, including parking lots and in vehicles on state property. The state also classified e cigarettes and vape devices as tobacco products, and prohibits selling them to persons under 18.
Source: Delaware.gov, NCSL.org

DC
The District of Columbia has not mandated any age restrictions for the use or sale of portable vaporizers, and doesn’t include e cigarettes in its district-wide smoking ban.
Source: CDC, DC.gov

Florida
Florida bans the sale of portable vaporizers and other devices that dispense nicotine to persons under 18, and 10 Florida communities include e-cigarettes in their smoking bans.
Source: flsenate.gov, nosmoke.org

Georgia
Georgia prohibits vaping on all state university and college grounds, with limited exceptions for research. Sales of portable vaporizers to minors are prohibited. E-cigarette use is included in general smoking bans in Chatham and DeKalb counties, as well as the cities of Pooler, and Savannah.
Source: nosmoke.org

Hawaii
Hawaii restricts vaporizer use anywhere smoking is prohibited. No sales to persons under 18 are allowed and vendors must have signs stating the age restriction in sight. Vaping isn’t allowed on Honolulu city buses, the Aloha stadium, and some private restaurants and cinemas.
Source: nosmoke.org

Idaho
Idaho prohibits the sale of portable vaporizers from vending machines or self-serve displays. Vendors are required to have a license to sell e cigarettes, and no sales to minors are permitted. Although legislation classifying vaporizers as tobacco products was introduced in January 2015, this proposal has yet to be passed. There are currently no restrictions on vaporizer use for adults, with the exception of Ketchum, where vaping is prohibited anywhere that smoking is banned.
Source: nosmoke.org

Illinois
Illinois has no state regulations regarding vaporizer use; there are laws that mandate child-proof packaging and the prohibition of sales to minors. While Chicago bans vaporizer use wherever smoking is banned, and within 15 feet from a building entrance, the law specifically permits vaping in theatre performances and e cigarette retail outlets. Arlington Heights, Elk Grove Village, Evanston, and Schaumberg ban e cig use wherever smoking is banned.
Source: nosmoke.org

Indiana
The state of Indiana prohibits sales of portable vaporizers to minors. Vaping, for the most part, is not regulated, except in Indianapolis/Marion, where it is included in the smoking ban there.
Source: nosmoke.org, NCSL.org

Iowa
Iowa doesn’t classify vaporizers as tobacco products, so they’re not regulated under the state’s “smoke-free” act. It does prohibit sales to minors. Iowa City has restricted the use of e-cigarettes on city-owned and managed property.
Source: nosmoke.org

Kansas
Kansas prohibits vaping on all Department of Corrections grounds by both employees and inmates. Vendors who choose to do so, must have a license to sell portable vaporizers. Overland Park prohibits vaping wherever smoking is prohibited.
Source: nosmoke.org

Kentucky
Kentucky state law prohibits the use of portable vaporizers in and on all state buildings, grounds, vehicles, state parks, horse parks, and fair grounds. As of January 2105, Jefferson Community and Technical College is tobacco and vaporizer-free. However, these restrictions don’t apply to state colleges & universities. Municipalities that include e cigarettes in their workplace smoking restrictions include Bardstown, Berea, Lexington/Fayette, Madison County, Manchester, Richmond, Glasgow, and Kenton County.
Source: nosmoke.org

Louisiana
Louisiana prohibits the sale of portable vaporizers to minors. Local regulations in Abbeville, Cheneyville, Monroe, Ouachita Parish, and West Monroe prohibit vaping in places where smoking is banned.
Source: nosmoke.org

Maine
Other than restricting the sale of vaporizers to minors, vaping is permitted just about everywhere in Maine. Portable vaporizers are specifically not excluded from traditional tobacco smoking restrictions, and there are no local restrictions.
Source: nosmoke.org

Maryland
Maryland lawmakers recently blocked an effort to ban electronic cigarette use statewide from all places where traditional cigarette smoking is banned. Currently, e-cigarettes can be used freely, in most public locations.
Source: Baltimore Sun

Massachusetts
There are currently no state restrictions on the sale or use of e cigarettes or portable vaporizers.
Source: ANR

Michigan
Michigan is finalizing a ban on the sale of “vapor” or “alternative nicotine” products to anyone under age 18. This legislation is currently pending the governor’s signature.
Source: Michigan Live

Minnesota
In 2014, the Minnesota state legislature voted to prohibit portable vaporizer use in certain settings, including: hospitals and clinics, most government-operated buildings, and all University of Minnesota and Minnesota State Colleges and Universities buildings. They are considering extending the e cigarette prohibition to all indoor public places.
As of January 1, 2015, child-resistant packaging is required for e liquids sold in Minnesota. Minnesota law also requires that vaporizers be taxed as tobacco products, and retailers cannot sell e cigarettes to minors. E cigarette retailers are now required to be licensed and must keep e cigarettes behind the counter; retailers are also subject to annual compliance checks.
In February 2014, Minneapolis voted to ban portable vaporizer use in all public places.
Source: Minnesota Department of Health

Mississippi
Mississippi prohibits sale of portable vaporizers to persons under 18.
Source: NCSL.org

Missouri
Missouri law prohibits the sale of vapor products to persons under age 18; however, vapor products are excluded from regulations of and taxes to tobacco products. Before it was approved, this legisltaion was vetoed by the governor, but the state legislature overturned it and it went into effect in September 2014.
Source: Missouri General Assembly

Montana
There are currently no state restrictions on the sale of portable vaporizers and e cigarettes.
Source: pending

Nebraska
In Nebraska, the Smoke-Free Air Law doesn’t prohibit portable vaporizers since they are electronic, non-combustible devices. As of 2014, the state only prohibits selling or giving vapor products to persons under age 18.
Source: Nebraska Department of Health & Human Services

Nevada
There are no state restrictions on the sale or use of portable vaporizers.
Source: CDC

New Hampshire
On April 21, 2010 the New Hampshire Senate unanimously voted to pass HB1541, which bans the sale of vaporizers and e cigarettes to minors.
Source: Breathe New Hampshire

New Jersey
In 2010, New Jersey was the first state to ban the use of portable vaporizers in most public places and workplaces. In 2014, Governor Christie attempted to tax e cigarettes at the same rate as conventional cigarettes — $2.70 a pack – though that proposal was defeated.
Source: Courier-Post

New Mexico
New Mexico is currently considering two e cigarette regulation proposals. The first is a ban prohibiting sales to persons under the age of 18. The other would impose a tax on vaping products. It is being heavily contested by several vapers’ rights groups, including the New Mexico Vapers Alliance and American Vaping Association.
Source: KOAT 7

New York
In 2014, New York banned vaporizer use in places where traditional smoking is prohibited, including bars, restaurants, offices, parks, and beaches. In addition to a 2010 ban on the sale of e cigarettes to minors, New York announced a ban in 2014 on the sale of e liquid to those under 21 in New York City and under 18 in the rest of the state. Flavors and other aspects of the vaping experience are also currently being debated by state legislators.
Source: Consumer Affairs

North Carolina
Like most states, North Carolina has instituted a ban on e-cigarette sales to minors. Additionally, state legislators signed a measure in May 2014, adding a tax of 5 cents to each milliliter of e liquid contained in e cigarette cartridges. North Carolina is one of the only states to specifically define e-cigarettes as “vapor products” by law, separating them from traditional tobacco products.
Source: Reuters

North Dakota
In North Dakota, vaporizers are prohibited wherever smoking is not allowed. However, North Dakota is one of only 10 states that has not yet implemented a ban to prohibit underage sales.
Source: nosmoke.org, The Jamestown Sun

Oklahoma
In late 2013, Governor Mary Fallin signed an executive order banning the use of e cigarettes and vapor devices on state property. The ban went into effect on January 1, 2014. There is one exception to the rule — Veterans Affairs housing will allow use of e cigarettes and portable vaporizers in certain sections.
Source: News9

Oregon
In 2012, Oregon enacted the Tobacco-Free Campus Executive Order, prohibiting the use of tobacco products, including portable vaporizers, in state agency buildings and on state agency grounds. While e cigarettes are currently not covered under Oregon’s Smokefree Workplace Law, the Oregon Public Health Division has recommended that businesses and local jurisdictions prohibit the use of e-cigarettes on their premises.
Source: Oregon.gov

Pennsylvania
In 2014, legislators voted to ban e cigarette and vaporizer use in most public places. The same measure prohibits minors from purchasing them.
Source: NBC Philadelphia

Rhode Island
Last year, Rhode Island signed legislation banning the sale of vaporizers to minors. The same measure also requires sellers to obtain a specific license from the health department.
Source: Boston Globe

South Carolina
The state prohibits the sale of vaporizers to minors under 18. Four counties and cities across South Carolina have banned e cigarettes wherever traditional cigarettes are prohibited such as parks, restaurants and bars.
Sources: NCSL.org, Guardian Liberty Voice

South Dakota
South Dakota classifies vapor products as tobacco products and added them to a list of items prohibited for persons under 18. State law bans tobacco and e cigarette use in Dept. of Correction facilities, by both employees and inmates. South Dakota is one of the few states where no individual county or city has passed laws restricting e cigarettes.
Sources: NCSL.org, nosmoke.org , Keloland TV

Tennessee
The state banned the sale of portable vaporizers and related products to persons under 18. So far, no cities or counties in Tennessee have passed legislation restricting e cigarettes.
Sources: NCSL.org, Memphis Flyer

Texas
Texas does not classify portable vaporizers and e cigarettes as tobacco products and has no specific legislation banning their sale to minors. Only 10 counties include e cigarettes in smoking bans, and the state’s four largest cities (Houston, Dallas, San Antonio and Austin) do not include e cigarettes in smoking restrictions.
Sources: NCSL.org, KUT.org

Utah
The state defines portable vaporizers as tobacco products and bans their use wherever cigarettes are prohibited. Retailers who sell e cigarettes are exempt from the rule through Jul. 1, 2017.
Sources: NCSL.org, nosmoke.org

Vermont
Vermont includes e cigarettes and portable vaporizers in the same category as tobacco alternatives, paraphernalia and related products. The state also prohibits e cigarette sales to persons under age 18. Vermont added e cigarette cartridges to the list of products that must meet federal child-resistant packaging standards. No individual counties or cities have passed legislation restricting vaproizers.
Sources: NCSL.org, nosmoke.org

Virginia
Virginia prohibits the sale, distribution and use of electronic cigarettes, vapor products and other alternative nicotine products to anyone under 18. The state also bans the use of vaporizers on school property and prohibits their use on Virginia Railway Express trains. So far, no individual counties or cities have passed legislation restricting e cigarettes.
Sources: NCSL.org, nosmoke.org

Washington
Washington added portable vaporizer products to a list of items prohibited for persons under 18. Only two counties have banned e cigarettes wherever smoking is prohibited, including King County, where Seattle is located.
Sources: NCSL.org, nosmoke.org

West Virginia
The state prohibits the sale, distribution and use of electronic cigarettes, vapor products and other alternative nicotine products to minors under age 18. Only seven out of the state’s 55 counties have banned vaporizer use wherever smoking is prohibited.
Sources: NCSL.org, nosmoke.org

Wisconsin
Wisconsin prohibits portable vaporizer sales to minors. State law specifically restricts vaporizer use at indoor facilities during the State Fair. Only three counties have banned e cigarettes wherever smoking is prohibited.
Sources: NCSL.org, nosmoke.org

Wyoming
Wyoming expanded its definition of “tobacco products” to include any product that is made from or contains nicotine, including vaporizers, and prohibits the sale of them to persons under 18. So far, no counties or cities have enacted legislation relating to e-cigs.
Sources: NCSL.org, nosmoke.org

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Comments (2)

  1. Ruby Denehy says:

    I would like to know more about these e cigs the ones with nicotine as I live in Australia and cannot get them here only the ones without nicotine. Can u plz give me some advise as to where I can purchase online with the nicotine in them and how much approximately it would cost.
    Cheers
    Annie…

  2. Cam says:

    The only state you forgot was ohio which is where i live lol i was hoping to find some info but there isnt any on my state