State by State Laws

Posted on by Smokey Jones

No federal nationwide smoking ban is currently implemented in the United States. Smoking laws and regulation in each state varies widely. Selling and use of e-cigs may be regulated or banned all together in some states and not in the others.

Not sure what your states stance is on electronic cigarettes? Check this e-cig legislation listing and be informed.

A Yes” means that the state is implementing regulations against e-cigs.

“No” means that there are no laws at all on e-cigs in that state.

This page was last updated December 29, 2011. If you believe we’re missing anything, please comment below and the page will be adjusted appropriately…

Alabama: No

Proposed Alabama House Bill 149 (HB 149) in 2011 would have prohibited smoking of e-cigarettes indoors and in workplaces. HB 149 was not passed into law in 2011.

 

Alaska: No

There are currently 11 communities in Alaska banning smoking in all indoor places including bars, restaurants and workplaces. E-cigarettes are not included in the smoking ban.

 

Arizona: Yes

Sen. Allen is sponsoring a bill that would have e-cigarettes join regular cigarettes and other tobacco products that can’t be sold to or possessed by those under 18. SB1280 won preliminary approval from the Senate Committee of the whole and a final vote would send it to the House. Arizona Atty Gen Horne expressed his support for the bill.

 

Arkansas: Yes

Arkansas Dept of Health opposes the sale of e-cigs given products are without FDA approval.  ADH also opposes the use of e-cigarettes in public places where others are forced to inhale ecigarette vapor which contains nicotine and other toxic chemicals. Arkansas state legislature Clean Air Act on Campus in 2009 bans smoking and use of electronic cigarette and tobacco products.

 

California: Yes

California law prohibits the sale of e-cigarettes to minors (California Health and Safety Code § 119405). In 2009, Governor Arnold Schwarzenegger vetoed California Senate Bill 400, which among other things, would have made the sale of ALL electronic cigarettes in California illegal to anyone.

 

Colorado: Yes

Gov. Hickenlooper signed a law prohibiting sale of e-cigarette and other nicotine to minors. Law lists e-cigarette as tobacco product.

 

Connecticut: Yes

Attorney General Richard Blumenthal banned e-cigarettes with FDA’s findings that these contain cancer causing chemicals and anti-freeze ingredients.

 

Delaware: No

E-cigarettes are exempted from smoking ban in all public places (including bars). In 2011, ban proposed by Tobacco-Free Coalition of Delaware County initially included e-cigarettes but was removed after a discussion with coalition leader, Cecilia Williams.

 

Florida: No

Florida’s Clean Indoor Air Act smoking ban doesn’t include e-cigarettes. But some institutions namely UF has banned in all UF-owned facilities smoking of tobacco products including e-cigarettes.

 

Georgia: Pending

DeKalb County’s District Health Director seeks to extend currently enacted smoking ban to include e-cigarettes. Ban is pending (as of Oct 2011) and will prohibit the use of electronic cigarettes, regardless of whether or not they contain nicotine, in places where tobacco cigarette smoking is prohibited.

 

Hawaii: No

Current smoking ban prohibits smoking in almost all public places. Smoking ban excludes e-cigs. The U.S. Food and Drug Administration is fighting in court for the right to regulate them as a drug, but right now there is NO regulation of the product.

 

Idaho: Pending

Idaho lawmakers and health officials are currently looking to ban minors from being able to purchase e-cigarettes, and a proposal could be introduced in the coming state legislative session. Unlike tobacco products, individuals under 18 years old can legally purchase e-cigarettes.

 

Illinois: Yes

State Senator Mattie Hunter sponsored Illinois Senate Bill 3174 that will ban the sale or distribution of e-cigarettes in Illinois. Hunter claims that e-cigarettes have not been approved by FDA and are deemed unsafe. The Bill has already passed the senate and is now up for debate in the House.

 

Indiana: No

Current smoking ban excludes e-cigarettes. In June 2011, Commissioner Donald Dunnuck brought forward an amendment to smoking ban ordinance that will remove electronic cigarettes from the proposed ordinance’s definition of ‘smoking. The ordinance now only contains combustible products like cigarettes and cigars in its definition of ‘smoking’.

 

Iowa: Yes

Although according to Iowa Atty Gen Brammer, e-cigs are exempted from the state’s smoking ban since they don’t give off any smoke, Linn County Ioawa has proposed and passed the states first ordinance regulating ecigs, requiring sellers to obtain a permit.

 

Kansas: No

Kansas smoking ban excludes e-cigarettes as confirmed by the Atty General and the Health Department. Smoking has been defined as burning of tobacco as per Kansas Indoor Clean Air Act and as e-cigarettes do not involve this, smoking e-cigarettes does not constitute as smoking.

 

Kentucky: Yes

Bullit and Madison County prohibits smoking of e-cigs in enclosed public places and workplaces. The Madison County Board of Health voted in April 2011 to include e-cigarettes and hookahs, or water pipes, in its indoor smoking restrictions, which have been in effect since 2007.

 

Louisiana: No

A smoking ban prohibits smoking in restaurants, public places, public buildings and most places of employment. Electronic cigarettes are allowed. E-cigarettes produce a smoke-like mist that simulates smoking but without the harmful effects. A provision banning e-cigarettes was removed from the final ordinance adopted by the Louisiana city in 2011.

 

Maine: No

Statewide smoking ban covers smoking, carrying and possession of lighted cigarette, cigar, pipe or other object giving of tobacco smoke. It excludes use of electronic cigarette. Employers in Maine may implement stricter smoking policies than the state law– they have the authority to prohibit smoking of e-cigs while at place of employment.

 

Maryland: No

House bill 720 of 2010 was not passed but would have banned sale of nicotine delivering products that are not FDA approved including e-cigs. Currently implemented Maryland Clean Indoor Air Act defined smoking as the act of smoking, inhaling smoke from a hookah or water pipe, or carrying a lighted cigar, cigarette, pipe, bidi of any kind, or any lighted tobacco or lighting tobacco or lighting a cigar, cigarette, pipe, bidi, or any kind, or tobacco of any kind. E-cigs are excluded in said ban.

 

Massachusetts: Yes

The Boston Public Health Commission approved proposed rules that would regulate e-cigs like actual cigarettes. This would require retailers permit to sell them, prohibition of selling to minors, and ban of use in indoor places. South Hadley, North Attleboro, and Somerset — already regulate the sale of e-cigarettes

 

Michigan: No

Western School District banned use of electronic cigarette on school grounds. The device, however, is allowed in areas where smoking ban is implemented (i.e. public places, food establishment (including patios and rooftops), workplaces).

 

Minnesota: Yes

Spokesman for the Health Department have declared that use of e-cigarette does not constitute smoking and hence is allowed in places where the smoking ban is implemented. However, an act signed by Gov. Pawlenty in 2010 prohibit selling to a minor any product that contains or delivers nicotine or lobelia. Lobelia is a plant that has been used as an alternative to nicotine, most recently in products marketed as so-called e-cigarettes.

 

Mississippi: Yes

Currently implemented state smoking ban prohibits smoking in government offices. State’s definition of “Smoking” means inhaling, exhaling, burning, carrying or otherwise possessing any lighted cigarette, cigar, pipe or any other object or device of any form that contains lighted tobacco or any other smoking product. This excludes e-cigs.

However, local governments may regulate smoking more stringently than the Act. Flowood City does not allow smoking including the use of e-cigs in all workplaces and public places.

 

Missouri: Yes

Potential changes on  smoking ban is currently up for discussion in Springfield.  Current ordinance considers e-cigarette as tobacco product and smoking e-cigs in indoor  places is banned other than in private homes, vehicles and some hotel rooms.

 

Montana: No

Department of Public Health and Human Services considered e-cigs as “smokable products” and are exempted from the state’s smoking ban. The device has not been specifically mentioned in the act and are legal under the state’s smoking ban.

 

Nebraska: Yes

Central District Health Department said electronic cigarettes are not restricted by the Clean Air Act. Any cigarette-like device or tobacco product that is not “lit” does not meet the definition of smoking, so their use is allowed indoors. Businesses have the authority, however, to prohibit the use of these products within their business. They also can’t be legally be purchased by anyone under the age of 18 because of their nicotine content.

 

Nevada: No

E-cigs are exempted from the Nevada smoking ban. The ban only covers cigarette and tobacco products. E-cigarettes don’t need  the approval from the Food and Drug Administration because it’s not a smoking cessation device and does not claim any health benefits in its advertising.

 

New Hampshire: No

A group of students and a group called “Breathe New Hampshire” were concerned that electronic cigarettes will serve as a gateway to smoking cigarettes through appearing to be trendy: one compared electronic cigarettes to “having a new cell phone. It’s cool. It’s electronic.” They launched petitions to the state government to ban the sale of electronic cigarettes to minors, and it is now illegal to sell e-cigarettes to minors as of July 2010.

 

New Jersey: Yes

In 2009, New Jersey voted to treat the electronic cigarette in the same category as tobacco products by including under the New Jersey Smoke Free Air Act. Assemblywoman Connie Wagner sponsored the legislation arguing that they “looked like the real thing”; she also objected to the potential appeal of flavored electric cigarettes to children.

 

New Mexico: No

Statewide definition of smoking is inhaling, exhaling, burning, carrying or holding any lighted tobacco product, including all types of cigarettes, cigars and pipes and any other lighted tobacco product. E-cigarettes are not regulated in New Mexico. University of New Mexico’s smoking ban extends to use of e-cigs while in campus.

 

New York: Pending

E-cigarettes are currently sold without any age restrictions. However, Assemblywoman Rosenthal proposed a bill (Bill A9529) that passed the assembly and is currently pending in the senate that will altogether ban selling and use of e-cigarettes.

 

North Dakota: No

“Smoking” means possessing a lighted cigar, cigarette, pipe, weed, plant, or any other lighted tobacco product in any manner or in any form. Current statewide smoking ban is implemented in indoor places and excludes bars and use of e-cigs.

 

Ohio: No

Electronic cigarettes are not covered in the state’s smoking ban as they do not burn tobacco.

 

Oklahoma: No

E-cigs are currently not covered by the smoking ban. However, some organizations including the American Cancer Society and Oklahoma Tobacco Settlement Endowment Trust say more research needs to be done on E-cigarettes to figure out how to regulate their use.

 

Oregon: Yes

Oregon unsuccessfully attempted to ban the devices altogether in 2009. However, at present, distribution and selling of e-cigs are regulated in the state. Oregon is pushing for the products to meet federal regulatory standards, but there are none to follow.

 

Pennsylvania: No

William T. Godschall, executive director of SmokeFree Pennsylvania, supports e-cigs and claims that smokers only exhales water vapor.

 

Rhode Island: No

Current smoking ban does not include prohibitions on e-cigs. In 2010, efforts in regulating e-cigarettes include the following: Campaign for Tobacco-Free Kids proposed that e-cigs be banned from being sold to minors; RI Dept. of Health urged FDA in 2011 to regulate e-cigs.

 

South Carolina: No

Current smoking ban does not include e-cigs. Proposed bill 3109 that will amend current smoking ban states that smoking of e-cigs is prohibited in all areas where smoking is not allowed. The bill was originally sponsored by Representatives Skelton and Daning , then Rep. Toole. Rep. Daning removed his name on January 26,2011 and Rep. Toole removed his name on February 1, 2011. The legislative session concluded for 2011 without the bill being passed to law.

 

South Dakota: No

Deputy state’s attorney Roetzel said e-cigarettes do not fall under the smoking ban passed in South Dakota last year because they do not contain tobacco products. E-cigs can be used in areas where smoking is not allowed.

 

Tennessee: Yes

Tennessee House Agricultural Committee passed a bill that bans the sale of electronic cigarettes to minors. The bill, HB 1729, initially included prohibition of sale of e-cigarettes to any citizen regardless of age but it has been amended to remove this section before the bill was passed. Smoking of e-cigs is not allowed in public places.

 

Texas: No

E-cigs are an option for smokers and can be used in areas where smoking is not allowed.

 

Utah: Yes

A bill, proposed by Rep. Ray, enforcing a statewide ban on sale of e-cigarettes. Bill was amended and passed in 2010 to prohibit sale of e-cigs to minors and require face-to-face purchase of e-cigs.

 

Vermont: No

No e-cigarette legislation has been proposed. However, Sarah London of the Vermont attorney general’s office express opposition of e-cigs and doesn’t believe thaty they can be sold legally in Vermont without FDA approval. Rebecca Ryan of the American Lung Association’s Vermont chapter says reiterates the opinion of her national organization, the Vermont Department of Health and the FDA: E-cigarettes, as unregulated and untested products, should be strictly avoided.

 

Virginia: No

Del. Peace requested to include e-cigarettes in the state’s smoking ban. Atty Gen. Cuccinelli ruled that the heated vapor emitted by e-cigarettes does not constitute smoke, hence does not violate state’s smoking ban. Currently, however, e-cigarettes are banned only on Health Dept. property, in Health Dept. vehicles, and for state employees on state property.

 

Washington: Yes

The King County board of health has banned smoking of electronic cigarettes in public places, and prohibited sales to minors. – Neighboring Pierce County also prohibits sales to minors, but does allow e-cigarette use in places such as bars and workplaces.

 

West Virginia: No

E-cigs are currently not covered in the smoking ban. However, Wheeling-Ohio County Board of Health is considering adding e-cigarettes to its smoking ban since they are not on the list of FDA-approved drugs or devices. Pending Clean Air Regulation 2011 could ban the use of electronic cigarettes, regardless of whether or not they contain nicotine, in all places where tobacco cigarette smoking is prohibited.

 

Wisconsin: Yes

WI assembly has approved of legislation by Rep. Bies to prohibit sales of nicotine products including e-cigarette to minors (under 18). Wisconsin Clean Indoor Air Act do not explicitly ban the use of e-cigarettes.

 

Wyoming: No

There is no smoking ban implemented in the state but some cities like Laramie, Cheyenne, Burlington, Evanston, Green River, Teton and Natrona County have enacted ordinances that prohibits smoking cigarettes indoors.

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