How Old Do You Have to Be to Vape By State?
![a woman vaping](https://thehempdoctormedia.s3.us-east-2.amazonaws.com/wp-content/uploads/2024/07/19044918/Blog-image-60.webp)
Raising the federal minimum age for tobacco sales (and similar products) from 18 to 21 years old didn’t deter 18-year-olds from carrying on with the vaping trend. According to Clear Steps Recovery, The age group 18-24 vapes the most at 11% compared to other adult age groups.
Tobacco Law 21, the law raising the minimum age for vape sales, might not completely eradicate teen vaping in the country, but it’s one of the best strategies legislators have devised.
Even though the universal legal age to buy and use vape in the US is 21, some states have different age requirements altogether. In this guide, we’re unearthing state-by-state laws on legal vaping age, exemptions, and state-specific places where vaping is banned.
🔑 Key Takeaways
- The US Congress raised the legal vaping age from 18 to 21 through Tobacco 21. Now, the federal age to buy and use vape is 21 years old, with some states exempting 18-year-olds active in military service.
- So far, Alaska is the only state with 19 as the minimum age for vaping, with most of the states adhering to the 21 age Tobacco law.
- Nicotine-free products like hemp-derived e-liquids are still covered by Tobacco 21.
- The majority of the countries worldwide have set the legal vaping age to 18.
What is the Legal Age for Buying a Vape in the US?
Congress passed Tobacco 21 (T21) in December 2019, effectively raising the minimum age for the consumption of e-cigarettes from 18 to 21 years old. The pressure to pass T21 was from the rising teen vaping epidemic in the US, and the immense success pioneering states experienced from its implementation. |
At some point, vaping has been perceived as a less harmful version of tobacco smoking, but this claim is not entirely absolved of risks. Groups and health advocates are particularly concerned about the risk of increasing the likelihood of respiratory problems and dependency among users.
![a pie chart dividing electronic cigarette users in the US, by age](https://thehempdoctormedia.s3.us-east-2.amazonaws.com/wp-content/uploads/2024/07/19044929/Screenshot-2024-07-19-153436.webp)
T21 applies to the sale of tobacco products, including cigarettes, smokeless tobacco, hookah tobacco, e-liquids, e-cigarettes, pipe tobacco, and cigars.
It’s important to note that in some states, like Alabama and Alaska, e-cigarettes or vapes are not considered tobacco products. Knowing whether e-cigarettes and tobacco products are considered the same or different is important in providing clarity of law.
Some states that don’t consider e-cigarettes as non-tobacco may potentially be misinterpreted as allowing 18-year-old residents to vape. This loophole is a legal challenge and a melting pot for confusion. To be on the safe side, always adhere to the T21 rule.
What Age Do You Have to Be to Vape by State? : Age Limit & Bans
![a small American flag on a map of the 50 states](https://thehempdoctormedia.s3.us-east-2.amazonaws.com/wp-content/uploads/2024/07/19044927/Blog-image-61.webp)
It’s important to note that the T21 law supersedes all state and local ordinances. This means wherever you are in America, if you’re not 21, don’t vape, and most stores won’t sell you one either.
But just to give you a glimpse of the patchwork of legal vaping age in all 50 states, here’s a table listing each state’s legal vaping age, the specific bans for vaping, and whether such states consider e-cigarettes under the tobacco category.
State | Legal Vaping Age | Bans | Are E-cigs Considered Tobacco? |
Alabama | 21 | Licensed emergency medical providers and daycare facility workers. | No |
Alaska | 19 | Enclosed public spaces or near children. | No |
Arizona | 18 | Foster homes or around foster children. | No |
Arkansas | 18 | Schools, childcare facilities, healthcare buildings, state college campuses, and state park buildings. | No |
California | 21+ or 18 years old if in the active military | Youth jails, around minors, and in public areas. | Yes |
Colorado | 18 | Around minors, during driving tests, and in assisted living residences | Yes |
Connecticut | 18 | Government, health, and food industries. Banned in motels, around minors, and schools | No |
Delaware | 18 | Anywhere | Yes |
Florida | 21 | Enclosed spaces, cars, and buildings where children are around | No |
Georgia | 18 | Food service employees | No |
Hawaii | 21 | All parks and University of Hawaii properties. | Yes |
Idaho | 18 | Banned to ship for those under 18 | No |
Illinois | 21 | College campuses and at the Capitol Complex | No |
Indiana | 18 | Not available | Yes |
Iowa | 18 | State properties, public spaces, the University of Iowa campus, and in foster homes | No |
Kansas | 18 | Juvenile corrections facilities and jails | No |
Kentucky | 18 | State executive-owned properties and vehicles. Banned in healthcare facilities, veteran parks, fairgrounds, highway rest areas, underground mines, and for those working as childcare employees. | No |
Louisiana | 21 | School properties | No |
Maine | 21 | Same places where smoking is prohibited | Yes |
Maryland | 21 | Not available | No |
Massachusetts | 21 | Children’s camps and same places where smoking is prohibited | Yes |
Michigan | 21 | Most of the public places | No |
Minnesota | 18 | Government premises, child and healthcare premises, Minnesota colleges, public schools, and licensed medical facilities | Yes |
Mississippi | 18 | Not available | No |
Missouri | 18 | Not available | No |
Montana | 18 | Montana | No |
Nebraska | 18 | Public spaces and places of employment | No |
Nevada | 21 | Piercing shops | No |
New Hampshire | 18 | Same places where smoking is prohibited and in schools | No |
New Jersey | 21 | The same places where smoking is prohibited, children’s group homes, and the International Airport. | Yes |
New Mexico | 21 | Same places where smoking is prohibited | Yes |
North Carolina | 18 | Childcare centers, childcare homes, jails, school property, and school events | Yes |
North Dakota | 18 | Almost in all places | No |
New York | 18 | Same places where smoking is prohibited | No |
Ohio | 18 | Capitol buildings, tattoo salons, the University of Cincinnati, and other school campuses | No |
Oklahoma | 21 | Facilities used to treat several mental health illnesses | No |
Oregon | 21 | Same places where smoking is prohibited | No |
Pennsylvania | 21 years old, or 18 if in the military | Same places where smoking is prohibited | Yes |
Rhode Island | 21 | Same places where smoking is prohibited, correctional facilities, vehicles, and properties | Yes |
South Carolina | 18 | Ambulances | No |
South Dakota | 21 | Same places where smoking is prohibited, and correctional facilities. | Yes |
Tennessee | 21 | Childcare centers, community centers, group care homes, healthcare facilities, museums, schools, residential treatment facilities, zoos, and any school grounds | Yes |
Texas | 18 | School-related activities, Department of Criminal Justice facilities, childcare areas, or vehicles with children | No |
Utah | 21 | Same places where smoking is prohibited, and in vehicles | Yes |
Vermont | 21 | Same places where smoking is prohibited, in vehicles with minors, childcare centers, after-school activities, and in public schools | No |
Virginia | 21 years old, or 18 if in the military | Buses, school properties, and during school activities | No |
Wyoming | 21 | Childcare facilities while children are present | Yes |
Wisconsin | 18 | State Fair Park main stage and indoor buildings | No |
West Virginia | 18 | The same places where smoking is prohibited, state-owned vehicles, and schools. | Yes |
Washington State | 21 | Childcare buildings, playgrounds, schools, and places where smoking is prohibited. | No |
How Old Do You Need to Be to Vape Nicotine-Free Products?
Regardless of whether a vape has nicotine or not, under The Deeming Rule, it’s illegal for sellers to offer zero-nicotine e-liquid to anyone under the age of 21. The rule considers e-cigarettes and e-liquids as tobacco or parts of tobacco products.
Since zero-nicotine products can still be used as vessels of nicotine, it’s regulated as a tobacco product.
🔖 You Might To Read This guide provides four expert but easy ways to unclog your disposable vape. |
How to Buy a Vape Online Under 21?
The only way to legally buy vape online under 21 is to go to a country where the minimum age to purchase and use is below 21 years old. Sneaky young people in the US get away by paying older persons to buy vapes for them or through fake IDs.
Those under 21 years old shouldn’t attempt to purchase vape, even in online stores. Most vaping websites now have age gates requiring visitors to be 21 and over. While anyone can easily lie about their age, this is a strong indication that stores only sell to 21-year-olds.
How Old Do You Have to Be to Sell Vapes?
No one really talks about how old you have to be to be able to sell vapes. You typically must be at least 18 or 21 years old to work at a US-based vape shop; the specifics vary by state.
Other than age, your store is responsible for only selling to those 21 years old and up. All stores have to go through the Food and Drug Administration’s (FDA) undercover compliance checks, retailer inspections, and non-compliance actions.
What Are the Consequences of Underage Vaping?
The consequences of violating Tobacco 21 provisions are mainly aimed at sellers who offer vapes to persons under the age of 21. Public Law 111–31 and 21 U.S.C. 387f(d) outline the penalties charged for a violation committed to T21, which mainly include fines, escalating sanctions, and potential revocation of a license to sell.
As for those vaping, while minor, the biggest drawback is health risk. The National Institute of Mental Health says the brain doesn’t finish developing until about mid to late 20s. The idea is—that among teenagers, nicotine and similar forms of substances interfere with the growing brain and are generally harmful to the lungs regardless of the age bracket.
🔖 You Might To Read Give your lungs a breather by practicing our three favorite natural lung cleansing tips. |
The Legal Efforts in Pushing the Vaping and Smoking Age Qualification to 21
The movement to raise the minimum legal age for the sale of tobacco, vapes, and similar products to 21 began in Needham, Massachusetts. In four years, Needham’s youth smoking rates decreased by half. Seeing the change, a surge of states, cities, and counties followed suit, implementing their own T21 laws.
In December 2019, federal legislation signed Tobacco 21 into law, which the FDA will enforce. T21 is an opportunity for states to strengthen their own minimum legal age of vape sales and implement licensing among shops in their jurisdiction.
🔖 You Might To Read Explore the curious world of vaping, starting with live resin vapes. |
International Vaping Laws
![a map of the world colored according to where e-cigarettes are banned](https://thehempdoctormedia.s3.us-east-2.amazonaws.com/wp-content/uploads/2024/07/19044932/Screenshot-2024-07-19-153810.webp)
Most countries simply set the minimum age to legally vape as what they consider the “legal age.” However, there are still variations in the minimum age in provinces and cities. For example, in Canada, the nationwide minimum age to vape is 18, but some provinces have a slightly raised minimum age of 19. These subtleties are worth a second look when visiting certain territories of a country as they may have different age qualifications.
Quickly browse through this table to know the minimum age to vape among the following countries:
Country | Legal Vaping Age |
Belgium | 18 |
Bhutan | 18 |
Brazil | 18 |
Bulgaria | 18 |
Canada | 18 |
China | 18 |
Costa Rica | 18 |
Croatia | 18 |
Cyprus | 18 |
Denmark | 18 |
Ecuador | 18 |
England | 18 |
El Salvador | 18 |
Estonia | 18 |
Fiji | 18 |
Finland | 18 |
France | 18 |
Georgia | 18 |
Germany | 18 |
Greece | 18 |
Israel | 18 |
Italy | 18 |
Ivory Coast | 18 |
Lithuania | 18 |
Luxembourg | 18 |
Malaysia | 18 |
Maldives | 18 |
Malta | 18 |
Moldova | 18 |
Netherlands | 18 |
New Zealand | 18 |
Norway | 18 |
Papua New Guinea | 18 |
Paraguay | 18 |
Poland | 18 |
Portugal | 18 |
San Marino | 18 |
Saudi Arabia | 18 |
Scotland | 18 |
Senegal | 18 |
Slovenia | 18 |
South Africa | 18 |
Sweden | 18 |
Tajikistan | 18 |
Togo | 18 |
Tuvalu | 18 |
Ukraine | 18 |
Vietnam | 18 |
Wales | 18 |
Jordan | 19 |
South Korea | 19 |
Turkey | 19 |
Japan | 20 |
Ethiopia | 21 |
Guam | 21 |
Honduras | 21 |
Niue | 21 |
Palau | 21 |
Philippines | 21 |
United States | 21 |
Wrapping Up
While putting an age restriction on vaping seems to be a boon for some, it’s an essential measure to curb the high rates of teen vaping in the country. Don’t shortcut the system. It’s better to wait until you’re 21 to vape.
If, on the upside, you’re at that age already, you’re in luck. The Hemp Doctor offers nicotine-free disposables and cartridges suitable for beginners. We also sell non-vape products like edibles, gummies, and drinks if you want a lasting hemp-derived cannabinoid experience.
Browse through our collection of THCA, Delta 8, HHC, and blended vapes in different sizes to fit your current needs.
Disclaimer: While we strive to update our blogs with the most accurate and latest information, our blogs aren’t legal advice. Always consult with a lawyer. |
FAQs
How old do you have to be to legally vape?
You have to be at least 21 years old to vape anywhere in the US legally.
Do you have to be 21 to buy a vape?
Yes. Most vaping stores need you to be at least 21 to be sold a product.
Can 18-year-olds buy vapes?
No, but in some instances, teens can buy vapes, mostly in dubious ways.
Is It illegal to own a vape under 21?
Yes. The federal minimum age to own a vape has already been raised to 21 years old.
Is it illegal to vape at 14?
Yes.
Do you have to be 18 to use a vape?
You have to be at least 21 years old to use a vape.
Do you have to be 21 to buy a non-nicotine vape?
Yes. Zero-nicotine vapes are also considered under the Tobacco product category.
How old do you have to be to vape juice?
You need to be at least 21 years old.
How old do you have to be to vape in Florida?
21 years old.
How old do you have to be to vape in California?
21 and older or at least 18 years old if active in the military.
How old do you have to be to buy vapes?
Same as the age requirement for using vapes. At least 21 years old.
Is there a limit on how much you can buy at dispensary?
Check with your local state laws on how much THC or nicotine in mg you can buy.
Reference: