Welcome to our comprehensive guide to Vape Laws By State in The USA for 2023.
With the rise of vaping becoming ever more popular in the US, it’s important to know what your state’s laws are regarding vaping.
From legality to age restrictions and more, this guide will help you to understand the rules and regulations for vaping in the US.
Keep reading to find out more about vape laws by state in the USA.
Which States Restrict Vape Sales to Underage Persons?
As of September 30, 2022, e-cigarette legislation has been passed in all 50 states, the District of Columbia, Guam, the Northern Mariana Islands, Palau, Puerto Rico, and the U.S. Virgin Islands, prohibiting the sale of e-cigarettes to underage persons.
This means that it is now illegal to sell e-cigarettes to anyone under the age of 21 in all of these territories.
However, two territories, American Samoa and the Marshall Islands, have yet to pass any legislation prohibiting the sale of e-cigarettes to persons under a certain age.
This means that the sale of e-cigarettes to minors is currently legal in these territories.
E-Cigarette Age REstriction by State:
Well, it happened. On December 20, 2019, Congress raised the legal age for purchasing tobacco products from 18 to 21 years.
The change was immediate and all-encompassing, meaning it’s now against the law for any retailer to sell cigarettes, cigars, or e-cigarettes to anyone under the age of 21.
That’s right, all 50 states, the District of Columbia, every U.S. territory, and even tribal lands have to comply with this new law, no exceptions.
This sweeping legislation, known as Tobacco 21 or T21, has effectively raised the bar for tobacco sales across the country, leaving no wiggle room for those seeking a loophole.
Here are the current age restrictions by state in the USA (September 2022 legislation):
- Alabama – 21
- Alaska – 21
- Arizona – 21
- Arkansas – 21
- California – 21
- Colorado – 21
- Connecticut – 21
- Delaware – 21
- District of Columbia – 21
- Florida – 21
- Georgia – 21
- Guam – 21
- Hawaii – 21
- Idaho – 21
- Illinois – 21
- Indiana – 21
- Iowa – 21
- Kansas – 21
- Kentucky – 21
- Louisiana – 21
- Maine – 21
- Maryland – 21
- Massachusetts – 21
- Michigan – 21
- Minnesota – 21
- Mississippi – 21
- Missouri – 21
- Montana – 21
- Nebraska – 21
- Nevada – 21
- New Hampshire – 21
- New Jersey – 21
- New Mexico – 21
- New York – 21
- North Carolina – 21
- North Dakota – 21
- Ohio – 21
- Oklahoma – 21
- Oregon – 21
- Pennsylvania – 21
- Puerto Rico – 21
- Rhode Island – 21
- South Carolina – 21
- South Dakota – 21
- Tennessee – 21
- Texas – 21
- Utah – 21
- Vermont – 21
- Virginia – 21
- Washington – 21
- West Virginia – 21
- Wisconsin – 21
- Wyoming – 21
Why Are State Age Restrictions Different in USA?
There are a total of 44 jurisdictions in the United States (that’s 40 states, 3 territories, and DC) that have enacted a MLSA of 21 years for purchasing any tobacco product.
This means that if you’re under the age of 21 and you live in one of these places, you won’t be able to purchase any tobacco products, including e-cigarettes, at retail stores.
However, it’s worth noting that retailers in jurisdictions that have not yet raised their MLSA to 21 years still need to comply with the federal T21 law.
That means that even if your state or territory hasn’t yet raised the age for tobacco product purchases to 21, you may still be subject to federal regulations.
Now, the good news is that the federal T21 law doesn’t prevent state, local, tribal, or territorial governments from passing laws that are more restrictive than the federal law.
In other words, if a state or territory wants to raise the MLSA for tobacco products above 21 years, they are free to do so.
While there’s no legal requirement for states and territories to establish a MLSA of age 21 to conform to federal law, it may be easier and more efficient for states that have increased their MLSA to 21 years to ensure compliance with Synar requirements.
You might be wondering what Synar is – well, it’s a federal law that requires states to have laws and enforcement measures in place to prevent the sale of tobacco products to minors.
When a state’s MLSA is aligned with the federal MLSA, there’s more clarity for retailers and enforcement officials, which makes it easier to ensure compliance. Plus, data gathered in connection with enforcing state youth access laws can also be used for Synar compliance.
So there you have it – while the MLSA situation might seem a bit confusing at first, it’s important to be aware of your state or territory’s laws to ensure that you’re not breaking any regulations when it comes to purchasing tobacco products.
Should Vape & E-Cigarettes Be Age Resricted?
While e-cigarettes have been marketed as a safer alternative to traditional cigarettes, they still pose significant health risks, particularly to young people.
According to the Centers for Disease Control and Prevention (CDC), nicotine exposure during adolescence can harm brain development and lead to addiction, as well as a host of other health issues.
As such, it’s important for individuals and organizations to continue advocating for the implementation of stronger e-cigarette regulations to protect the health and wellbeing of young people in America.
READ MORE: HOW OLD DO YOU HAVE TO BE TO VAPE? (USA 2023)
Frequently Asked Questions
As of September 30, 2022, the legal age for buying e-cigarettes in the United States is 21 years old in all 50 states, the District of Columbia, Guam, the Northern Mariana Islands, Palau, Puerto Rico, and the U.S. Virgin Islands.
The U.S. territories of American Samoa and the Marshall Islands currently do not have any legislation prohibiting the sale of e-cigarettes to persons under a certain age.
