Published on July 3rd, 2015 | by Kim
0Latest E Cig Bans and Regulations by State
As we are all aware, some cities in certain states have tried everything in their power to heavily regulate E Cigarettes and unfortunately, this seems to be a growing trend.
And while vaping is generally considered a safer alternative to smoking traditional cigarettes, this does not stop certain lawmakers from assuming the position that they should be regulated more heavily, if not banned entirely.
We are trying to update this list as much as possible. PLEASE share and comment to add more counties, city-wide bans, or any other useful information and we will update it accordingly!
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There are bans which typically apply to any area listed below such as:
Sales to Minors. Sales of E Cigarettes to minors is a regulation most anyone can get behind and this is a common misconception that minors can purchase E Cigarettes.
In fact, a person must be at least 18 years old and even some states require the person to be 19 years old in order to legally buy an E Cigarette.
Usage Bans. Some areas have imposed bans on where you can smoke E Cigarettes and this primarily includes indoor areas. However, some locales have even resorted to imposing bans on outdoor use in certain areas, which will be addressed in this article.
Taxes
Many states and municipalities have suggested or considering imposing taxes on E Cigarettes and depending on who you ask, some suggest this is just another way to gain revenue – not as a means to regulate the product for safety reasons.
As of current, the FDA does not regulate E Cigarettes on a national basis, nor does any government agency.
There are certain stipulations of course such as them not being able to be marketed as smoking cessation products.
Latest state and Municipality Bans/Regulations
Alabama
Alabama has approximately ten localities that do regulate E Cigarettes, but fortunately there is no statewide regulation.
Alaska
Alaska only includes two municipalities with bans, but there are regulations in public areas that can be enacted by local governments.
Arizona
Much like Alaska, the same regulations are in place with two areas that have specific local bans.
Arkansas
Arkansas has no bans in place except for school property, where it is prohibited.
California
California has certain municipalities with the same ban in place and these include Petaluma and Concord City.
Even though Gov. Arnold Swarzenegger vetoed a bill in 2009 that proposed to regulate E Cigarettes, there are still 34 local municipalities that have regulations.
Colorado
Colorado has no statewide E Cigarette bans, but does prohibit use on school property, both indoors and outdoors.
There are two municipalities that do have current local bans.
Connecticut
Connecticut has zero bans both locally and statewide.
Delaware
Delaware has no statewide bans but does regulate certain areas such as state workplaces including indoors and out.
District of Columbia
The District of Columbia has a complex set of regulations on E Cigarette use.
While there are zero statewide bans, there are district bans that include any place that regular smoking is banned.
They do have exceptions to the rule which include places like Hookah Bars, outdoor areas, etc.
Florida
Florida is similar to Delaware with no statewide bans and no municipality bans. However, there are five local bans in place.
Georgia
Georgia is also similar with three local bans but no statewide bans.
Hawaii
In the state of Hawaii, Hawaii County Mayor Billy Kenoi recently signed a bill with limitations on E Cigarette use.
This includes a ban on using them at public beaches, parks, and public buildings. This includes the exact same places that ban traditional smoking.
Sen. Josh Green (D-Kona, Kau) wants to include even more proposals including a tax on sales, no sales to people under the age of 21, and the limitations on use in the public areas named are part of his own bill that he introduced.
There are no statewide bans, but as you can see, municipalities can enact their own regulations and it is prohibited in all Department of Health properties as well.
Idaho
Idaho only has one municipality with a ban and no statewide rules.
Illinois
Illinois has no statewide bans but four localities bans and it is prohibited anywhere inside except in certain exceptions such as designated hotel rooms.
Indiana
Indiana has no statewide bans but one municipality.
Iowa
Iowa has no bans at all whether statewide or localities.
Kansas
While Kansas has no bans either local or within the state, they do prohibit use at Department of Corrections property and this includes employees as well as inmates.
Kentucky
No statewide bans but six municipality bans.
Louisiana
Right now, Louisiana has only four municipality bans but recently there has been proposals to limit or ban use within bars in the French Quarter area of New Orleans.
This has caused a lot of reaction both positive and negative. There are no statewide bans in place.
Maine
Maine has zero bans in place both locally and statewide.
Maryland
Maryland has no bans in place other than on MARC commuter rail system trains.
Massachusetts
Massachusetts has the same bans in place as New Yorks but only in certain counties which include South Hadley, Lenox, North Attleborough, Lee, and Somerset for a total of 61 municipalities – one of the highest of any state.
Michigan
Michigan has zero bans in place.
Minnesota
Minnesota has seven local bans and no statewide ones. However, there are prohibited areas such as hospitals, day care centers, government areas, etc.
Mississippi
Mississippi has a high number of municipality bans with a total of 35 localities.
Missouri
Missouri has a low number of only four locality bans.
Montana
Montana has no bans in place in any sector.
Nebraska
Nebraska is much like Montana with no bans in place at all.
Nevada
Nevada is the same with no bans in any sector.
New Hampshire
New Hampshire doesn’t have bans either but does prohibit use on school property.
New Jersey
New Jersey has followed suit with the same exact ban on smoking E Cigarettes where you cannot smoke conventional cigarettes which is a statewide ban.
The only areas exempt include private homes, public park benches, private vehicles, etc and any violation has strict fines.
New York
In 2013, New York City and four other municipalities banned the sale of E Cigarettes and they also cannot be used within 100 feet of a school.
Unfortunately, other states or cities are considering the same thing which includes the cities of Los Angeles and Chicago.
There are no statewide bans in place but they are also considering banning E Juice as well.
New Mexico
Only one local ban and no statewide bans.
North Carolina
North Carolina has no bans of E Cigarettes in place.
North Dakota
North Dakota has the same ban on smoking E Cigarettes in places you cannot smoke regular cigarettes.
Ohio
No bans in place.
Oklahoma
No bans in place other than Department of Corrections buildings.
Oregon
No statewide bans but two municipality bans and prohibited in state agency areas.
Pennsylvania
No bans other than one local territorial division.
Rhode Island
No bans in place.
South Carolina
Four areas have bans but no statewide ban.
South Dakota
No bans other than at Department of Corrections buildings.
Tennessee
No bans in place.
Texas
No statewide bans but 11 municipalities have bans in place.
Utah
Utah has banned the use of E Cigarettes in the same places that traditional cigarettes are banned and this is a statewide ban.
Vermont
No bans other than at schools and day care centers.
Virginia
No bans at all.
Washington
No bans other than two municipalities.
West Virginia
15 local areas have bans in place with no statewide regulations.
Wisconsin
Wisconsin only has one municipality with a ban and no statewide ban.
Wyoming
No bans in place at all.
Overview
As you can see, there are different bans and regulations depending on, not only which state you live in, but which county or area you reside in.
The good thing is that you can pretty much find a place where you can use your E Cigarette without a problem.
You may not be able to vape in a bar in New York City but by using discretion and knowing the laws, you can still use your E Cigarette.
The laws change all of the time and what is true today can change by tomorrow so always be aware of what your town or state is doing when it comes to E Cigarette use.
And of course, become educated about their use so you can speak out if or when your area decides to impose a regulation that you do not agree with.
Knowledge is power and if enough people speak out then changes can be made for the better.
If you want to learn more about imposing vaping laws, check out SFATA and CASAA for up to date news and what you, as a vaper, can do to keep your right to vape.
Write your local and state representatives about your concerns.
Educate yourself and those that represent your area so that informed decisions can be made.