One of the most worrying trends rapidly growing among teenagers is vaping. From a very young age, most teenagers purchase tobacco products or electronic cigarettes for fun, curiosity, or because of pressure from their peers. Statista reports that at least 11.3% of high school students in the U.S. used electronic cigarettes in March 2022.

Such high teen vaping rates beg the question, how old do you have to be to vape? This article is here to answer that question and help you understand vaping laws, the legal age to vape, and all the effects of teen vaping.

What Is Vaping?

Vaping refers to inhaling nicotine vaping products through an e cigarette or other vaping devices. These vaping devices use vape batteries to heat and turn e liquids into the aerosol people inhale.

Unlike conventional cigarettes, which are easy to spot, vaping products come disguised as pens, USB memory sticks, or other ingenious designs.

A vaping device typically has a pod or tank where you put in the desired tobacco product. People also add chemicals and other flavoring substances to make the vapor more enticing. There are as many as 460 different e cigarette brands, and the number could grow higher as more teenagers purchase vapes.

What Is the Legal Vaping Age Limit?

In the United States, federal law states that you should be at least 18 years old to meet the legal age to purchase a vape. However, with the increased use of tobacco products among young people, especially among high school students, the legal age limit for selling tobacco products is 21 years old. This means that it is illegal to sell vaping products if you are under 21 years of age.

Who Determines Legal Vaping Age Restrictions?

The legal vaping age limit in the country is set as federal law in congress and executed by the Food and Drug Administration. These federal laws set the minimum threshold for States that want to add to the age limit on the use or sale of tobacco products.

For example, certain states might want to increase the minimum age to purchase nicotine products to 22 years. As long as their state laws meet the minimum legal age restriction in federal law, they are good to go.

Do Vaping Laws Vary From State to State?

At the state level, vape laws are a bit more complicated. Different states have varying opinions on whether e cigarettes are:

• Tobacco products.
• The legal age required to retail vaping products.
• The minimum age to purchase vapes.

To best understand the vaping laws, you need to look into a specific state’s laws.

Vape Laws in the 10 Most Highly Populated U.S States

If you live or visit states considered to have the highest populations, there’s a higher probability of coming across more strict regulations on e cigarette use. Several things to look out for in such states include the minimum vaping age required to sell and buy vape juice or vape devices and the tax laws for retailers.

Here’s a summary of what the country’s most populated states consider their local laws on vaping

Vaping Regulations in California

California is one of the states that takes vaping and smoking tobacco very seriously. In its laws, the state considers vaping products as tobacco products, and the sale of such products is illegal to persons who are not yet 21 years old or active duty military personnel who are not yet 18 years old.

In August 2020, through its governor, California issued a statewide ban on tobacco products, including e cigarettes. However, a referendum suspended this ban to allow residents to vote for or against it in late 2022.

Vaping Regulations in Texas

In Texas, the legal age to buy, sell or use vapor products is 21 years. However, people who are at least 18 years old can buy and use these products if they are with a parent, a guardian, or a spouse over 21 years old.

Similarly, retailers in the state have to adhere to specific policies. First, they have to register with the state. They also have to verify that the person they are selling to is of legal age and notify the buyer that it is illegal to distribute e cigarettes to persons under 18 years old.

Vaping Regulations in Florida

Florida state laws are very straightforward. It is only legal to sell tobacco products to people who are at least 18 years old. Most of the vape laws in this state are similar to the Tobacco 21 federal laws.

Vaping Regulations in New York

New York prohibits anyone below 21 years of age from buying or selling vape products. The state also has a statewide ban on all flavored vapor products, including those that come in menthol, mint, and wintergreen flavors. This means only tobacco flavored e cigarettes are legal in New York.

Besides that, transporting vaping devices with 3 grams of nicotine or containing more than 500 milliliters is illegal. You cannot sell e cigarettes online or offer discounts or coupons to market them either.

Vaping Regulations in Pennsylvania

The legal age to vape in Pennsylvania is 21. This is also the minimum age restriction for retailers and distributors of vapor products. Additionally, you can only sell vaping devices and products in stores.

Vaping Regulations in Illinois

Illinois vape laws permit you to vape as long as you are 21 years old. The same age restrictions apply to anyone who wants to sell or distribute vaping devices and products.

However, a bit of a twist in these laws is that every time you receive delivery for your vaping devices, you need a third party to approve that you are of legal vaping age.

Vaping Regulations in Ohio

Vaping in Ohio is for people above the age of 21. You also cannot sell vaping devices or products if you are under 21 years of age.

Vaping Regulations in Georgia

The minimum age required to buy, use, or sell vape devices and products in Georgia is 21 years. You also cannot get out-of-state e cigarette deliveries unless you are a licensed distributor or retailer in the state.

Vaping Regulations in North Carolina

The minimum vaping age you need to legally vape in North Carolina is at least 18 years old. Therefore, selling vape juices, tobacco substances, or vaping products to minors is illegal.

If you are a retailer with an online vape store, you also need to file invoices of every sale with the state to verify that all sales made were above board.

Vaping Regulations in Michigan

You must attain a minimum age of 18 years to vape legally in Michigan. However, you need to verify your age using third-party services to make online purchases. This makes it harder for retailers outside Michigan’s borders to sell vaping juice or other substances in the state.

Are All E Cigarettes Tobacco Products?

The substance in the e cigarette you purchase varies. Depending on which substance is in the e liquid, an e cigarette may or may not be a tobacco product. Tobacco-based e-cigarettes contain tobacco or extracts from tobacco like nicotine.

However, other nicotine free vaping products aren’t tobacco-based. Either way, certain states consider all e cigarettes to be tobacco products, so you should check your state laws to be sure.

Why Are There Age Restrictions For Vaping?

The law states that you have to be at least 18 years old to enjoy puffs from your vape pens, and with good reason. Setting age limits to keep people who are not at least 18 years old from using e cigarettes is necessary because these vapor products have several consequences for underage individuals.

Scientists and the tobacco industry have strong evidence that e cigarettes are safer than ordinary cigarettes or cigars. There is also nicotine free vaping, which eliminates many of the undesirable effects of smoking.

Still, smoking e cigarettes can negatively affect children. In a study to determine whether smoking e cigarettes made 14-year-olds more likely to try out other tobacco products, the findings showed that high school students who started using e cigarettes early on have a higher likelihood of smoking other tobacco products.

Smoking e cigarettes before attaining the minimum age limit can have many consequences. Minors who smoke cigarettes are more likely to have reduced brain development, individual reproductive harm, or other reproductive harm like having children with birth defects when they are older. Similarly, nicotine affects concentration in minors, which can affect school performance.

This is why the government places strict vape laws to regulate e cigarettes and nicotine use among people who are not at least 18 years old. The legal age for selling e cigarettes also changed to reduce teen vaping and its negative consequences.

Are There Places Where Vaping Is Banned?

Vaping is legal in most parts of the country if you are 18 years old. But, certain places ban vaping outright. Most of these are public places and institutions. Some areas where vaping is restricted include school property, college campuses, state property, childcare facilities, and health facilities.

Foster homes or places designated for foster children like playing grounds and parks are another no-go-zone for our vape products. You will also be violating vape laws if you vape near corrections facilities and juvenile jails.

In some states like Florida and Kentucky, local vape laws prohibit vaping inside public or private transport. Some municipalities in states like West Virginia and South Carolina ban vaping in certain bars and restaurants. Minnesota vaping laws prevent employees working in salons and barbershops from vaping inside the establishments. You can rely on a general rule that smoking in indoor buildings like the gym or shared apartments is illegal.

What Happens When You Violate Vape Laws?

Violating vape laws comes at a hefty price. Although penalties may be higher for different states, standard penalties stipulated in the Tobacco 21 laws serve as the minimum penalty you can get for vaping-related offenses.

Penalties For Retailers Who Violate Vaping Laws

Suppose you sell vaping products to people who have not attained the legal age to vape or violate any vaping laws made for retailers. In that case, you are liable for a maximum first violation penalty of $500. Remember, the minimum legal vaping age is 18 years old in most but not all states.

If you are a repeat offender within 36 months of your previous violation, you will pay a minimum fine of $750, and you will be banned from selling tobacco products for at least seven days.

A third violation will lead to a $1000 penalty and a minimum retailing ban of 30 days. If you flaunt the law for the fourth time or any other time after that, you get a $1000 fine and a three-year retailing ban.

Penalties For Employees Who Violate Vaping Regulations

For employees working under e cigarette retailers, violating the Tobacco 21 law will get you enrolled in classes on the effects of vape products, vape diversion programs, or community service.

You probably won’t have to pay any fines, but violating vaping regulations can get you a record, which doesn’t look good when you’re trying to find another job.

Penalties For Adults Who Violate Vape Laws

Breaking the Tobacco 21 law, when you are not an employee under a tobacco product retailer but you are at least 18 years old, comes with a $50 administrative fine. This is the minimum you can pay, but the amount can be higher in some states.

Penalties For Minors Who Violating Vaping Laws

If you are not at least 18 years old and you break the law on vaping, you will earn yourself classes on the dangers of using vape products, several hours of community service, or compulsory vaping diversion programs.

Typically, breaching the vaping laws for people younger than 18 years old will involve:

• Having vape products.
• Using vaping products.
• Proving fake identification to be allowed to purchase vapes.
• Distributing vape products.

It’s Important to Wait Until You Are Old Enough to Vape

Besides avoiding trouble with law enforcement, parents, or guardians, it is also important to wait until you are at least 18 years old to prevent experiencing the harmful effects of e cigarettes on minors.

Chances of getting nicotine addiction or other side effects from any addictive chemical in vape juice is higher among minors. So staying away from e cigarettes until you meet the legal age to buy, sell and use them is entirely for your benefit.