WARNING: This product contains nicotine. Nicotine is an addictive chemical.
man vaping and holding banner reading we vape we vote

Even though we don’t recommend starting to vape if you don’t already smoke, we do identify that vaping is 95 percent safer than smoking and can play a crucial role in helping users deal with nicotine addiction. 

That being said, Luto identified that its products contain Nicotine, which is an addictive chemical. Furthermore, we are committed to not being sold to minors under the age of 21 years. This is against our ethos and the law.

Vaping laws of any country are subject to change and complex to understand. In this article, we want to list out the latest vaping laws implemented in the United States of America.

Interestingly, not all 50 states of the USA adhere to the same vaping laws. Let’s dive into the legislative vaping regulations implemented and what you should know to conduct safe trades or consumption of vaping devices.

usa vaping index

State-wise Vaping Laws

State  Vaping Law(s) Legal Age Limits Sources
Washington Vaping Laws
  • Laws for childcare buildings, playgrounds, schools, and (Section 70.345.150 and 110-300-0420(2)).
  • Laws for colleges and universities (Section 484-20-090(1)(h))
  • Enacted as of September 30, 2021. Prohibiting the sale of e-cigarettes to underage persons.
  • The sale of tobacco and vapor products to persons under age 21 is prohibited.
  • The purchase and/or possession of tobacco and vapor products by persons under age 21 is prohibited.
  • vapor products must take place within licensed retail premises that is restricted to those over the age of 18 years, contain no nicotine
  • license is required to sell vapor products.
  • The use of vapor products within public institutions of higher education is restricted through regulation.
Idaho Vaping Laws
  • Prohibiting the sale of e-cigarettes to underage persons.
  • “Clean Indoor Air Act” of  Idaho has not prohibited the use of vapor products where smoking is prohibited.
  • Flavor Bans: Federal law prohibits the sale of closed system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol.
  • Smoke-free tobacco is taxed at the rate of 40% of the wholesale price.4
  • Vapor products do not have an additional state excise tax.
Must be 18 years of age (Sections 39-5705(1) and 39-5714(1))
Oregon Vaping Laws
  • Persons over age 21 can use e-cigs and vape pens at college facilities.(Section 339.883). 
  • Can not use in a car with under 18 years old teenager. (Section 811.193).
  • The use of vapor products in all kinds of public places is prohibited.
  • Flavor Bans: Federal law prohibits the sale of closed system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol.
  • A statewide flavor ban went into effect on Oct. 15, 2019, but an injunction from a state appeals court on October 17, 2019, allowed products without THC to continue being sold.
Must be 21 years of age (Section 167.755(1))
California Vaping Laws
  • Youth jails vaping laws (Section 1712.5(a))
  • Use is prohibited around minors and in public areas.
  • Electronic cigarette cartridges and solutions for filling electronic cigarettes must be sold in child-resistant packaging.
  • Flavor Bans: –  Federal law prohibits the sale of closed system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol.
Nevada Vaping Laws
  • Restriction on using vape pens or e-cigarettes at a piercing salon (Section 49).
  • Selling of vapor products online or “electronic network” must be clearly marked and packed as “tobacco products” and age verification through third-party service is mandatory.
  • Flavor Bans: Federal law prohibits the sale of closed system devices such as pods, cartridges, containing e-liquid in flavors other than tobacco or menthol.
Alaska Vaping Laws
Montana Vaping Laws
  • Prohibition of Sale or distribution of tobacco products, alternative nicotine products, or vapor products to persons under 18 years old person.
  • Montana’s Clean Indoor Air Act has not been amended to prohibit the use of vapor products where smoking is prohibited.
Must be 18 years of age (Section 16-11-305(1)
Montana Code Annotated 2021
Montana Code Annotated 2021- Vapor Products By Persons Under 18 Years Of Age Prohibited
Montana Code Annotated 2021- License For Retail Sale
Wyoming Vaping Laws
  • Restriction in all childcare facilities in presence of the child (Section 4-14(t))
  • Below age of 18 vapoer products can not be bought and sold.
  • Flavor Bans: Federal law prohibits the sale of closed system devices such as pods, cartridges, containing e-liquid in flavors other than tobacco or menthol.
Utah Vaping Laws
  • Use banned where smoking is banned (Section 26-38-2(6)), including cars with anyone 15 years old or younger (Section 41-6a-1717).
  • The sale of Tobacco and vapor product “face-to-face” allowed.
  • Internet, mail or phone purchase permitted.
  • Flavor Bans: Federal law prohibits the sale of closed system devices such as pods, cartridges, containing e-liquid in flavors other than tobacco or menthol.
  • The exception is active military members over age 18 or anyone accompanied by a parent (Section 26-62-205).
E-cigarettes
Arizona Vaping Laws
  • Banned in foster homes or around foster children (Section 21-6-315).
  • Cottonwood and Douglas have passed a Tobacco and vaping 21 law, making the legal age to purchase tobacco 21.
  • Flavor Bans: Federal law prohibits the sale of closed system devices such as pods, cartridges, containing e-liquid in flavors other than tobacco or menthol.
Colorado Vaping Laws
  • Flavor Bans: Federal law prohibits the sale of closed system devices such as pods, cartridges, containing e-liquid in flavors other than tobacco or menthol.
New Mexico 
  • Vaping is banned wherever smoking is banned (Section 24-16-13)
  • Flavor Bans: Federal law prohibits the sale of closed system devices such as pods, cartridges, containing e-liquid in flavors other than tobacco or menthol
Must be 21 years of age (Sections 61-37-2 and 61-37-3)
North Dakota 
  • Use of vaping is banned whereever smoking is banned with some exceptions (Section 23-12-09(14))
  • Flavor Bans: Federal law prohibits the sale of closed system devices such as pods, cartridges, containing e-liquid in flavors other than tobacco or menthol
Must be 18 years of age (Section 12.1-31-03(1)(a))
South Dakota 
  • Vaping is 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).
  • Flavor Bans: Federal law prohibits the sale of closed system devices such as pods, cartridges, containing e-liquid in flavors other than tobacco or menthol
Must be 21 years of age (Section 34-46-2(2))
Cigarettes-Use and Possession
 
Minnesota 
  • Use of vapes is 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)
  • Flavor Bans: Federal law prohibits the sale of closed system devices such as pods, cartridges, containing e-liquid in flavors other than tobacco or menthol
Nebraska 
  • Flavor Bans: Federal law prohibits the sale of closed system devices such as pods, cartridges, containing e-liquid in flavors other than tobacco or menthol
Nebraska Revised Statute 28-1419
Nebraska Revised Statute 28-1418
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)).
  • Flavor Bans: Federal law prohibits the sale of closed system devices such as pods, cartridges, containing e-liquid in flavors other than tobacco or menthol.
  • Vapor product and tobacco retailers must obtain a license or permit.
Must be 18 years of age (Section 453A.2(1-2)
Kansas 
  • Banned at juvenile corrections facilities and juvenile jails (Section 123-2-111(a)(b)(16).
  • Flavor Bans: Federal law prohibits the sale of closed system devices such as pods, cartridges, containing e-liquid in flavors other than tobacco or menthol.
Must be 18 years of age (Section 79-3321(I))
CIGARETTES AND TOBACCO PRODUCTS, Vaping products – article 33.
Missouri 
  • Flavor Bans: Federal law prohibits the sale of closed system devices such as pods, cartridges, containing e-liquid in flavors other than tobacco or menthol.
  • Nicotine liquid containers must be child-resistant. 
  • A retail license or permit is required to sell vapor products.
Must be 18 years years of age (Sections 407.926.1, 407.931.1, and 407.931.3)
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).
  • The purchase or possession of vapor products by persons under age 18 is prohibited.
  • Flavor Bans: Federal law prohibits the sale of closed system devices such as pods, cartridges, containing e-liquid in flavors other than tobacco or menthol
Oklahoma Administrative Code
Texas 
Arkansas 
Louisiana 
Wisconsin 
Michigan 
  • Banned in Third Judicial Circuit Court (Section R 3 8.115(F)(1))
N/A
Illinois 
Indiana 
Ohio 
Kentucky 
Tennessee 
Mississippi 
  • N/A
Alabama 
Georgia 
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.
South Carolina 
North Carolina 
  • Use banned in childcare centers, family childcare homes, jail and prison, on school property, and at school events (Section 115C-407)
Virginia 
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)
Pennsylvania 
  • Use is banned in the same places that smoking is banned (Section 6306)
  • Must be 21 years of age, or 18 if in the military or an honorably discharged veteran (Section 6305)
New York 
  • Vaping banned wherever smoking is banned, with some minor exceptions (Section 1399-q)
Vermont 
New Hampshire 
Maine
Massachusetts 
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))
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
Maryland 
  • N/A
Delaware 
On 30th September 2021, all states of the USA passed legislation that prohibits the sales of e-cigarettes to any person(s) under the legal age. American Samoa and the Marshall Islands have not passed any law on the sale of e-cigarettes.

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