The federal government has allowed each state to determine its own laws regarding smoking and vaping in that state. So to help you understand the different rules of vaping versus smoking in public in the U.S., we’ve put together a list of what each state allows and prohibits.

Alabama – Smoking is restricted in government buildings, schools, child care facilities, and health care facilities. Vaping is not allowed on licensed daycare premises or for emergency medical providers while providing care.

Alaska – Smoking and vaping are both prohibited inside of any public area or building.

Arizona – Smoking and vaping are both prohibited inside of any public area or building.

Arkansas – Smoking is prohibited in government buildings, schools, child care facilities, and health care facilities. Vaping is prohibited on school or state-sponsored campus grounds and off-campus events, in child care facilities, or health care facilities.

California – Smoking and vaping are both prohibited inside of any public area or building, with some exceptions.

Colorado – Smoking and vaping are both prohibited inside of any public area or building and mostly restricted in private workplaces.

Connecticut – Smoking is prohibited or restricted in all public areas. Vaping is prohibited in most public areas and schools.

Delaware – Smoking and vaping are both prohibited inside of any public area or building.

District of Columbia – Smoking and vaping are both prohibited inside of any public area or building.

Florida – Smoking and vaping are both prohibited inside of any public area or building but only restricted in bars.

Georgia – Smoking is prohibited inside of most public buildings and is restricted in private workplaces, restaurants, and bars. Vaping is only prohibited in school safety zones and for food service employees while at work.

Hawaii – Smoking and vaping are both prohibited inside of any public area or building.

Idaho – Smoking is prohibited in most public buildings. It is restricted in private workplaces, but there are no prohibitions in bars. There are no prohibitions for vaping.

Illinois – Smoking and vaping a product with nicotine are both prohibited inside of any public area or building.

Indiana – Smoking is prohibited in most public buildings and private workplaces. However, it is mostly restricted in restaurants and bars. Vaping has no prohibitions.

Iowa – Smoking is prohibited inside any public area or building. Vaping is prohibited in state-operated buildings and their connecting grounds.

Kansas – Smoking is prohibited inside any public area or building. There are no restrictions on vaping.

Kentucky – Smoking is restricted in government buildings, schools, and health care facilities. There are no restrictions on private workplaces, child care facilities, restaurants, or bars. Vaping is prohibited in any buildings owned by the executive branch, the Hardin District Court, schools, child care professionals in the presence of a child, and body piercing and tattoo workstations.

Louisiana – Smoking and vaping are both prohibited inside of any public area or building, except for bars, which have no restrictions. Vaping is only prohibited on school property or in a vehicle where a child under 13 is present.

Maine – Smoking and vaping are both prohibited inside of any public area or building.

Maryland – Smoking is prohibited inside any public area or building. Maryland has no restrictions on vaping.

Massachusetts – Smoking and vaping are both prohibited inside of any public area or building.

Michigan – Smoking is prohibited inside any public area or building. Vaping is only prohibited in child care properties and the Third Judicial Circuit Court.

Minnesota – Smoking is mostly restricted in government buildings and private workplaces. Otherwise, it is prohibited in all other public buildings. Vaping is prohibited and restricted in the same areas as smoking.

Mississippi – Smoking is mostly restricted in government buildings and schools. It is prohibited in child care facilities, but there are no prohibitions in private workplaces, health care facilities, restaurants, and bars. There are no prohibitions on vaping.

Missouri – Smoking is restricted in most public buildings and restaurants. There are no prohibitions in private workplaces and bars. Vaping is restricted to certain areas on public properties and prohibited in public schools and foster homes.

Montana – Smoking is prohibited inside any public area or building. Vaping is only prohibited on public school property.

Nebraska – Smoking and vaping are both prohibited inside of any public area or building.

Nevada – Smoking is prohibited in all public buildings and private workplaces. However, it is mostly restricted in restaurants but has no prohibitions in bars. Vaping is prohibited in the same areas as smoking, and in procedure areas of invasive body decoration establishments.

New Hampshire – Smoking is mostly restricted or prohibited in public buildings, private workplaces, restaurants, and bars. Vaping is prohibited and restricted in the same areas as smoking.

New Jersey – Smoking and vaping are both prohibited inside of any public area or building, but vaping is only restricted in lodging establishments.

New Mexico – Smoking is prohibited in all public areas and mostly restricted in private workplaces. Vaping is prohibited and restricted in the same way as smoking and on school property.

New York – Smoking and vaping are both prohibited inside of any public area or building.

North Carolina – Smoking is prohibited or restricted in public areas, but not in private workplaces. Vaping is prohibited in schools, child care centers, and state correctional facilities.

North Dakota – Smoking and vaping are both prohibited inside of any public area or building.

Ohio – Smoking is prohibited inside any public area or building. Vaping is prohibited in the capitol building, in body art establishment sterilized rooms, on various college and university campuses, in the Franklin County Court, and for assisted living providers while on duty.

Oklahoma – Smoking is prohibited or restricted in most public areas. Restaurants need a separate space to smoke, and bars have no restrictions. Vaping is prohibited in schools, state buildings, and recovery centers.

Oregon – Smoking and vaping are both prohibited inside of any public area or building. Vaping is also prohibited in a car if any passenger is under the age of 18.

Pennsylvania – Smoking is prohibited in all public areas and restricted in bars. Restaurants must have a designated area to smoke. Vaping is prohibited in schools.

Rhode Island – Smoking and vaping are both prohibited inside of any public area or building.

South Carolina – Smoking is prohibited in most public areas, but there are no restrictions in private workplaces, restaurants, or bars. Vaping is prohibited in schools and ambulances.

South Dakota – Smoking and vaping are both prohibited inside of any public area or building.

Tennessee – Smoking is prohibited or restricted in all public areas. Vaping is not allowed in any facility where there are children present.

Texas – Smoking is prohibited in most public areas, but there are no restrictions in private workplaces, restaurants, or bars.

Utah – Smoking and vaping are both prohibited inside of any public area or building.

Vermont – Smoking and vaping are both prohibited inside of any public area or building.

Virginia – Smoking is restricted in most public areas but not in private workplaces. Vaping is prohibited on school property.

Washington – Smoking is prohibited inside any public area or building. Vaping is prohibited on all school grounds and child care facilities. Vaping is only restricted by regulation on public institutions of higher education.

West Virginia – Smoking is restricted in government buildings, child care facilities, and schools. Vaping is prohibited in schools and state-owned vehicles.

Wisconsin – Smoking is prohibited inside any public area or building. Vaping is only prohibited at State Fair Park indoor facilities and the main stage area.

Wyoming – Smoking is only restricted in government buildings. Vaping is only prohibited in child care facilities.

If It Smokes or Vapes, We Have It!

At The Hemp Doctor, America’s Premier Hemp & CBD Dispensary, we carry more smoke and vape products than many of our competitors. From our large selection of flowers and prerolls to our vape products, you are going to find what you are looking for at The Hemp Doctor.

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While hemp is certainly a subject that we love to talk about, we aren’t so keen on some of the most common misunderstandings about hemp.

For starters, hemp is defined as any variety of cannabis which contains very low levels of THC. This means that hemp is not marijuana, though it is part of the same plant family: Cannabaceae. To be classified as hemp in the US, it must contain no more than 0.3 percent THC, the chemical associated with the “high” provided by marijuana.

And, though marijuana remains illegal in many states and at the federal level, the same cannot be said about hemp.

Is Hemp Illegal in the US? In a Word: No.

But, as with many other political questions facing our great nation, it’s more complicated than a simple “no.” Here, we’ll set the record straight regarding hemp’s history, its legality, and some of the benefits you may enjoy while using it.

Federal Legislation

As we’ve mentioned, 1937’s Tax Act imposed crippling taxes on hemp production, making it altogether much less popular to grow. Then, in 1970, the Controlled Substances Act began to recognize hemp (alongside marijuana and other “cannabinoids”) as a Schedule 1 drug due to its association with marijuana. This effectively led hemp to be regarded similarly as substances like heroin and other powerful narcotics. Following 1970, hemp was not able to be legally growth on American soil. Starting in 1998, however, businesses were able to legally import hemp internationally.

Then, on December 20, 2018, President Trump signed into law The Agriculture Improvement Act of 2018 (or, more commonly, the 2018 Farm Bill), which has legalized hemp and its growth, transportation, sale, and usage at the federal level.

While the ball is now in the states’ courts on how exactly to proceed with further hemp cultivation and regulation legislation, the fact that federal legislation has legalized hemp means big news for its advocates around the nation.

State Legislation

For now, states are in a bit of limbo since the signing of the 2018 Farm Act, though some 38 states and counting are said to have some legislation in place regarding industrial hemp. In general, though, U.S. Department of Agriculture (USDA) has announced that states cannot prohibit interstate transportation of hemp, which could mean better development of hemp on the horizon.

Concerning cannabis, there are three classifications that states can give to its production, distribution, and possession: decriminalization, legalization of medical cannabis, and legalization of nonmedical cannabis (i.e., “recreational”). Currently, there are 10 states and the District of Columbia that have fully legalized nonmedical cannabis use. Many others have legalized medical marijuana, though some states’ laws are broader than others. Still, some states have no existing decriminalization or legalization legislation in place, though state ballots have begun to increasingly feature this issue.

How exactly do state cannabis laws affect state hemp laws? Since history has shown us that cannabis and hemp tend to be grouped together, how some states react to the question of cannabis legislation may give us some indication of how hemp cultivation and usage will also be treated in the future.

A Brief History of Hemp

While it may be hard to imagine these days – given the negative connotations so often associated with hemp and cannabis – at one point in American history, hemp served as a staple product in its young, budding economy. In fact, throughout the first generations of American settlement until the early-20th century, growing hemp was required of the population to service industrial booms for products like rope, cloth, and oil.

The turn of the 20th century and President Franklin Roosevelt’s Marijuana Tax Act of 1937 reversed the course of hemp production nationwide. This Act, along with other negative discourse toward all plants falling under the cannabis family, suddenly made it incredibly expensive to grow marijuana as well as all other associated plants. Though hemp had once been a supply pillar for industrial growth, hemp production nearly vanished overnight.

Even though we’re starting to see hemp production make a comeback, its inaccurate associations with marijuana have left a lasting scar that still impacts its growth and general usage to some extent.

Hemp in Its Various Forms Today

While hemp may not be used for certain products at the same frequency as it was in the past, it’s a very versatile product. Most commonly found in the form of oil and seeds, hemp products continue to build a strong reputation thanks to their nutritional properties, including high levels of protein, high unsaturated fatty acids, vitamins, minerals, fiber, and more.

Consumers can also find hemp in products such as hemp milk and juice, reinforced plastics, rope, clothing, jewelry, paper, and more. Hemp fiber can be used for many different products, and hemp oil can even be used as a component of biofuel..

Interested in Learning More About Hemp?

If you’re interested in learning more about what hemp is, how it enhances products, and its many uses, look no further than The Hemp Doctor.

At The Hemp Doctor, our primary goal is to provide customers with accurate information on hemp and CBD and provide only the best, safest, and purest products available on the market. To learn more about our products, contact us online today.

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