Today, we’re answering one of the most basic but important questions asked by new and would-be vapers: how old do you have to be to vape? Please note that laws can change frequently and rapidly. While this guide has been compiled with the best information available to us at the time of writing — for the most current information, please contact the appropriate parties in your state.
When it comes to at what age you can vape, laws vary from state to state. And in many states, additional laws regulate the sale and use of vapes, as well as instituting specific vape taxes. So, before you start filling up your virtual cart here on DIRECTVAPOR, it’s a good idea to be familiar with your state’s vaping regulations.
To make it easy, we’ve created a guide that covers vape laws in every one of the 50 states (plus the District of Columbia, Puerto Rico, and other U.S. territories), including those that dictate:
- How old to buy a vape
- Where you can vape
- How you can shop for vape products
- Vape product taxes
What Age Can You Vape?
Regarding legal restrictions on vaping, most states have primarily focused on regulating purchase vs. use. In other words, the question isn’t necessarily “what age can you vape?” but rather, “how old do you have to be to buy a vape?”
Lawmakers are primarily concerned with keeping vape products out of the hands of children and teens, which is why vape purchase laws have been enacted. And for most adult vapers, these laws aren’t a problem. However, it can get a little bit tricky if you move from one state, where the legal vaping age is 18, to another state that has raised the age limit. For this reason, it’s useful to know the various legal purchasing age for vape products in each U.S. state.
- In California, New Jersey, Maine, and Oregon, you must be 21 years of age or older to purchase any “tobacco product,” which legally includes traditional cigarettes and vape products.
- In Hawaii, you must be 21 years of age or older to purchase, distribute, and use vape products.
- In Alabama, Alaska, and Utah, you must be 19 or older to purchase or possess a vape device or accessory, such as e-juice.
- In all other 42 states, you must be 18 or older to purchase vape products.
So, why do vaping laws differ from state to state? Ultimately, it’s representative of the many varying viewpoints on vaping. While many public health experts have pointed out that vaping may assist in making the switch, there are lawmakers and other decision-makers that don’t necessarily agree. There are also disagreements about nicotine use, flavored e-liquids, and how vaping can best be kept out of the hands of children and teens. For these and other reasons, vaping laws have quickly become a very complex topic across the country.
Taxation, Use, and Sale of Vape Products
In addition to vape age limits, many states also have laws restricting the use and sale of vape products. Additionally, you can expect to pay extra taxes on your vape purchases in certain states.
Smokefree Indoor Air Laws (Including Vaping)
As of December 31, 2021, 17 states have enacted legislation that prohibits vaping (and smoking) in indoor areas, including private worksites, bars, and restaurants:
- California, Colorado, Connecticut, Delaware, Hawaii, Massachusetts, Minnesota, New Jersey, New Mexico, New York, North Dakota, Ohio, Oregon, Rhode Island, South Dakota, Utah, and Vermont
- District of Columbia
- Puerto Rico
In Alaska, smoking and vaping are prohibited indoors in private worksites, restaurants, and bars. However, each municipality has the option to exempt itself from the law through a voter referendum.
Retail Sale of Vape Products
As of December 31, 2021, 33 U.S. states have passed laws that require a specialized retail license to sell vape products:
- Alabama, Alaska, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, Ohio, Oregon, Pennsylvania, Rhode Island, Texas, Utah, Vermont, and Washington
- District of Columbia
- U.S. Virgin Islands
- Northern Mariana Islands
This also means that selling vape products through vending machines or self-service set-ups is not allowed.
Taxes on Vape Products
As of July 1, 2022, a large majority of states have some form of vape tax in place.
- Tax on e-cigarettes/vape products: California, Colorado, Connecticut, Delaware, Georgia, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oregon, Pennsylvania, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming; as well as the District of Columbia, U.S. Virgin Islands, and Puerto Rico
- E-cigarettes/vape products are taxed based on a percentage of the total cost: in California, Colorado, Illinois, Indiana, Maine, Maryland, Massachusetts, Minnesota, Nevada, New York, Oregon, Pennsylvania, Utah, Vermont, and Wyoming; as well as the District of Columbia and the U.S. Virgin Islands.
- E-cigarettes/vape products are taxed based on milliliter of e-liquid/consumable material: Connecticut, Delaware, Kansas, Louisiana, New Jersey, North Carolina, Ohio, Utah, Virginia, Washington, West Virginia, and Wisconsin.
- Closed e-cig systems (prefilled vapes) are taxed based on milliliter of liquid, while open e-cig systems (refillable vapes) are taxed on a percentage of the cost): Georgia, Kentucky, New Hampshire, and New Mexico
- Vape devices are taxed, as well as nicotine cartridges per milliliter of e-liquid: Puerto Rico.
Get the Best Prices on Authentic, Legal Vapes from DIRECTVAPOR
Keeping track of all the vape laws – from the legal vaping age to the myriad of taxes – can get confusing quickly. But what’s incredibly easy to understand is the unmatched value of the top-quality vape products from DIRECTVAPOR.
We’ve curated an extensive selection of name-brand vapes, e-liquids, accessories, and more, creating a one-stop-shop for all your vaping needs. And because we promise the lowest prices and highest-quality vape experience in the business, you can shop DIRECTVAPOR with confidence. Whether you are a first-timer or a seasoned vaper, you’ll find everything you need right here.
Browse our full selection of vape devices, e-juice, and more when you start shopping DIRECTVAPOR!
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