How Old Do You Have to Be to Vape By State?

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. 

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.

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

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, they’re regulated as a tobacco product.

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. 

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.

International Vaping Laws

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, 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