Do You Know The Vaping Laws In Your State? Here Is a List Of Vape Laws For Each US State

U.S. E-Cigarette Regulation:

LA Vape Co US State Vape laws listed in order

With the steady rise of the Vaping Industry, The state laws and regulations started to stack up. Some laws are understandable and some are just unnecessary. Here is a list of the 50 states and some specific information on the E-Liquid Laws they enforce. We will try to update this with any new law changes that my occur. Please do not use this for any legal advise. We are not qualified to give legal advise. 

A 50-State Review

The accompanying outline is a preview of the U.S. landscape of e-cigarette regulation as of May 26, 2018. The data below was based on a 50-state survey of current state statutes pertaining to e-cigarette regulations in the accompanying areas: definition of "tobacco Definition," tax assessment, retail restrictions, retail license/permit requirement, and smoke-free air legislation. In some instances, open area websites have not yet been updated to include the most recently passed laws. Numerous neighborhood laws in these states (and all through the U.S.) address e-cigarettes.

 

Missouri

State Capital: Jefferson City 

Definition Vapor product means “any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form [including] any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe…and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in [any of the aforementioned devices] [but] does not include any alternative nicotine product or tobacco product.”
Mo. Rev. Stat. § 407.925(12) (2018)

Nicotine liquid container means “a bottle or other container of liquid or other substance containing nicotine if the liquid or substance is sold, marketed, or intended for use in a vapor product [but does not include cartridges] prefilled and sealed by the manufacturer and not intended to be opened by the consumer.”
Mo. Rev. Stat. § 407.926.4(2) (2018)
Excise or Special Tax (non-sales tax) - N/A
Youth Access/Other Retail Restrictions - Sale/distribution of vapor products to persons under age 18 prohibited.
Mo. Rev. Stat. §§ 407.926, and 407.931 (2018)
Retail License/ Permit Required - Yes.
Mo. Rev. Stat. § 407.934.1 (2018)

Smoke-Free Restrictions -  N/A

ALABAMA

State Capital: Montgomery

Definition Alternative nicotine product means “an electronic product or device that produces a vapor that delivers nicotine or other substances to the person inhaling from the device to simulate smoking, and is likely to be offered to, or purchased by, consumers as an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe.” ALA. CODE § 28-11-2(1) (2018) Consumable Vapor Product means “any nicotine liquid solution or other material containing nicotine that is depleted when used as a vapor product.” ALA. CODE §40-23-1 (a)(15)(2018) 
Excise or Special Tax (non-sales tax) - N/A
Youth Access/Other Retail Restrictions -
Purchase, use or possession of alternative nicotine products by persons under age 19 prohibited. ALA. CODE § 28-11-13(a) (2018)
Retail License/ Permit Required - NO
Smoke-Free Restrictions - Licensed emergency medical providers cannot use ecigarettes “while operating or riding in an ambulance or while providing patient care.” ALA. ADMIN. CODE § 420-2-1.07(6)(j) (2018)

ALASKA

State Capital - Juneau

Definition - N/A
Excise or Special Tax (non-sales tax) - N/A
Youth Access/Other Retail Restrictions - Sale/distribution of “product containing nicotine” to person under age 19 prohibited (unless provided by parent or legal guardian). ALASKA STAT. § 11.76.109(a) (2018)
Retail License/ Permit Required - NO
Smoke-Free Restrictions - N/A

 

ARIZONA

State Capital - Phoenix

Definition - Vapor product means “a noncombustible tobacco-derived product containing nicotine that employs a mechanical heating element, battery or circuit, regardless of shape or size that can be used to heat a liquid nicotine solution contained in cartridges.” ARIZ. REV. STAT. § 13-3622(E)(3) (2018)
Excise or Special Tax (non-sales tax) - N/A
Youth Access/Other Retail Restrictions - Sale of vapor product to persons under age 18 prohibited. ARIZ. REV. STAT. § 13-3622(A) (2018) Purchase/possession of vapor product by person under age 18 prohibited.
ARIZ. REV. STAT. § 13-3622(B) (2018)
Retail License/ Permit Required - NO
Smoke-Free Restrictions - e-cigarettes is prohibited in foster homes and in vehicles when foster child is present. ARIZ. ADMIN. CODE § 21-6-315 (2018

 

ARKANSAS 

State Capital - Little Rock

Definition - Vapor product means “an electronic oral device of any size or shape that contains a vapor of nicotine, eliquid, or any other substance that when used or inhaled simulates smoking, regardless of whether a visible vapor is produced, including without limitation a device that: (A) [i]s composed of a heating element, battery, electronic circuit, chemical process, mechanical device, or a combination [thereof]; (B) [w]orks in combination with a cartridge, other container or liquid delivery device containing nicotine or any other substance and manufactured for use with vapor products; (C) [i]s manufactured distributed, marketed, or sold as any type or derivation of a vapor product, e-cigarette, ecigar, e-pipe, or any other product name or descriptor; and (D) [d]oes not include a product regulated as a drug or device by the [FDA] as it existed on January 1, 2015.” ARK. CODE ANN. § 26-57203(38) (2018)
E-liquid and e-liquid product mean “a liquid product which may or may not contain nicotine, that is vaporized and inhaled when using a vapor product, and that may or may not include without limitation propylene glycol, vegetable glycerin, nicotine from any source, and flavorings . . . .” ARK. CODE ANN. § 26-57-203(13) (2018)
E-liquid container means “a bottle or other container of e-liquid that is sold or provided for mixing at retail and is marketed or intended for use in a vapor product [except those] prefilled and sealed by the manufacturer and . . . not intended to be opened by the consumer.” ARK. CODE ANN. § 26-57-254(d) (2018)

Excise or Special Tax (non-sales tax) - N/A
Youth Access/Other Retail Restrictions - Sale of vapor product to persons under age 18 prohibited. ARIZ. REV. STAT. § 13-3622(A) (2018) Purchase/possession of vapor product by person under age 18 prohibited. 
ARIZ. REV. STAT. § 13-3622(B) (2018) 
Retail License/ Permit Required - NO
Smoke-Free Restrictions - Use of vapor products or eliquids on grounds of any school or at off-campus school-sponsored events, in or on the grounds of any child care facility or healthcare facility prohibited. ARK. CODE ANN. §§ 26-57-254(b) and 6-21-609(b) (2018)
Use of e-cigarettes “prohibited on each campus of state-supported institutions of higher education.” ARK. CODE ANN. §6-60-804(a) (2018)
Use of e-cigarettes in registered childcare facilities and/or vehicles prohibited. ARK. ADMIN. CODE §§ 016.22.11101(14); ARK ADMIN. CODE § 016.22.41101(8);and 016.22.6-1101(7) (2018)

 

 

California

State Capital - Sacramento

Definition - Electronic cigarettes means “any device or delivery system sold in combination with nicotine which can be used to deliver to a person nicotine in aerosolized or vaporized form, including, but not limited to, an ecigarette, e-cigar, epipe, vape pen, or ehookah . . . (including) any component, part, or accessory of such a device that is used during the operation of the device when sold in combination with any liquid or substance containing nicotine (and also includes) any liquid or substance containing nicotine, whether sold separately or sold in combination with any device that could be used to deliver to a person nicotine in aerosolized or vaporized form. CAL. REV. & TAX CODE § 30121(c) (2018)   

Excise or Special Tax (non-sales tax) - State Board of Equalization is directed to adopt regulations implementing tax on electronic cigarettes equivalent to the Cigarette Distribution Tax (of $0.100 per cigarette). CAL. REV. & TAX CODE §30130.51(b) (2018)  

Retail License/ Permit Required - Yes. CAL. BUS. & PROF. CODE §§22972 (2018) and CAL. BUS. & PROF. CODE §22975 (a)(2018)

Smoke-Free Restrictions - Use of electronic cigarettes prohibited wherever smoking is prohibited (CAL. BUS. & PROF. CODE § 22950.5(c) (2018)) including, but not limited to, places of employment (CAL. LAB. CODE § 6404.5 (2018));  family day care facilities; (CAL. HEALTH & SAFETY CODE § 1596.795 (2018)); foster and group homes (CAL. HEALTH & SAFETY CODE § 1530.7 (2018)); within 25 feet of playgrounds or 250 feet of a youth sports events (CAL. HEALTH & SAFETY CODE § 104495(b),(d) (2018)); in public buildings or “within 20 feet of a main exit, entrance, or operable window of a public building, or in a [state-owned] passenger vehicle” (CAL. GOV’T CODE § 7597(a)); health facilities (CAL. HEALTH & SAFETY CODE § 1286 (2018)); in cars with minors (CAL. HEALTH & SAFETY CODE § 118948 (2018); on public transportation system (CAL. HEALTH & SAFETY CODE § 118925 (2018)); on passengeer carriers (CAL. PUB. UTIL. CODE §561 (A) (2018)) and on grounds of facilities under Dep’t of Youth Authority jurisdiction, with the exception of residential staff housing where inmates or wards are not present. (CAL. WELF. & INST. CODE § 1712.5(b) (2018));  in nonprofit charitable temporary food facilities (CAL. HEALTH & SAFETY CODE §114332.3 (F)(2018)); in outpatient health facilities. (CAL. HEALTH & SAFETY CODE §1234 (2018)); in court facilities (CAL R SAN BENITO SUPER CT RULE 1.5 (2018)); in Superior Court of California County of Sacramento courthouse (CAL R SACRAMENTO SUPER CT Rule 7.11 (B)(5)(2018)); within 25 feet of the “commerce area” of certified farmers’ markets (CAL. HEALTH & SAFETY CODE §114371 (f) (2018)); in car with minor (CAL HEALTH & SAFETY CODE §118948 (2018)) Schools may not allow students to use tobacco products, including electronic cigarettes, on campus or while attending schoolsponsored activities. CAL. EDUC. CODE § 48901(a) (2018)
Department of Education requires all school districts, charter schools and county offices of education to adopt and enforce policy prohibiting use of electronic cigarettes. CAL. HEALTH & SAFETY CODE § 104420(n)(2) (2018)
Use of nicotine delivery devices prohibited in county offices of education, charter schools, school/district buildings, school/district property, and school/district vehicles. CAL. HEALTH & SAFETY CODE § 104559(a) (2018)
Director of State Hospitals may ban tobacco product use or possession on state hospital grounds upon request. CAL. WELF. & INST. CODE § 4138 (2018)
Landlord of a residential dwelling unit may prohibit smoking of tobacco product on the property or any portion of the building. CAL. CIV. CODE §1947.5 (2018) 

 

COLORADO

State Capital - Denver

Definition - Cigarette, Tobacco product or Nicotine product means “(I) [a] product that contains nicotine or tobacco or is derived from tobacco and is intended to be ingested or inhaled by or applied to the skin of an individual; or (II) [a]ny device that can be used to deliver tobacco or nicotine to the person inhaling from the device, including an electronic cigarette, cigar, cigarillo or pipe.” COLO. REV. STAT. § 18-13-121(5) (2018) 

Excise or Special Tax (non-sales tax) - N/A

Retail License/ Permit Required - N/A

Smoke-Free Restrictions - Use of nicotine products prohibited on school grounds. COLO. REV. STAT. 
121(5) (2018)
is derived from tobacco and is intended to be ingested or inhaled by or applied to the skin of an individual; or (II) [a]ny device that can be used to deliver tobacco or nicotine to the person inhaling from the device, including an electronic cigarette, cigar, cigarillo or pipe.” COLO. REV. STAT. § 18-13-121(5) (2018)
121(1)(a) and 24-35-503(1) (2018)
Possession or purchase of nicotine products by persons under age 18 prohibited. COLO. REV. STAT. §§ 25-14301(2) and 18-13-121(2) (2018)
Vending machine sales restricted to locations inaccessible to minors or under control of adult employee. COLO. REV. STAT. § 24-35-503(2) (2018)
§ 25-14-103.5 (2018)
Use of nicotine products “in and around licensed child care facilities” prohibited. 12 COLO. CODE REGS § 25098:7.701.91 (2018)
Use of tobacco products prohibited on school transportation 

 

CONNECTICUT

State Capital - Hartford

Definition - Electronic nicotine delivery system means “an electronic device that may be used to simulate smoking in the delivery of nicotine or other substances to a person inhaling from the device and [including an] electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or electronic hookah and any related device and any cartridge or other component of such device” CONN. GEN. STAT. §§53344b(a)(1)(2018); CONN. GEN. STAT. §19a-342a(a)(2)(2018)

Liquid nicotine container means “a container that holds a liquid substance containing nicotine that is sold, marketed or intended for use in an electronic nicotine delivery system or vapor product, except ‘liquid nicotine container’ does not include such a container that is prefilled and sealed by the manufacturer and not intended to be opened by the consumer” CON. GEN. STAT. §19-342a (a)(3)(2018)

Vapor product means “any product that employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means, regardless of shape or size, to produce a vapor that may or may not include nicotine, that is inhaled by the user of such product…” CONN. GEN. STAT. §§53344b(a)(9)(2018); §19a-342a(a)(4) (2018)
Electronic cigarette liquid means “a liquid, that used in an electronic nicotine delivery system or vapor product, produces a vapor that may or may not include nicotine and is inhaled by the user of such electronic nicotine delivery system or vapor product.” CONN. GEN. STAT. §53344b(a)(10) (2018) 

Excise or Special Tax (non-sales tax) - N/A

Retail License/ Permit Required -Yes CONN. GEN. STAT. § 21a415(a) (2018)Smoke-Free Restrictions - Use of electronic nicotine delivery system or vapor product prohibited in any state building, health care institution, retail food store, restaurant, liquor store, bar (except smoking sections of outdoor seating areas), school buildings, child care facilities, elevators, college dormitories, race tracks, and in 75% or more of hotel/motel rooms.  CONN. GEN. STAT. §19a-342 (b)(1)(2018) 

 

DELAWARE

State Capital - Dover

Definition -Tobacco substitute means “any device employing a mechanical heating element, battery, or circuit, regardless of shape or size, that can be used to deliver nicotine into the body through inhalation . . . or any noncombustible product containing nicotine intended for use in such a device . . . .” DEL. CODE ANN. tit. 11 § 1115(11) (2018)

Electronic smoking device means “any product containing or delivering nicotine or any other similar substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product [including] any such device, whether manufactured, distributed, marketed, or sold as an ecigarette, e-cigar, epipe, e-hookah, or vape pen, or under any other product name or descriptor.” DEL. CODE ANN. tit. 16, § 2902 (2018) 

Excise or Special Tax (non-sales tax) -Yes (on vapor products) at .05 cents/ml. DEL. CODE ANN. tit. 30 §5305 (C)(2)(2018) 

Retail License/ Permit Required - Yes. DEL. CODE ANN. tit. 30 §5307 (2018) 

Smoke-Free Restrictions - Use of electronic smoking devices restricted in same manner as smoking; prohibited in public indoor places in which smoking is prohibited. DEL. CODE ANN. tit. 16 §§ 2903 (2018) and DEL. CODE ANN. tit. 16 §4452-8.0 (2018)

Use of electronic smoking devices permitted in vape shops which restrict entry to persons over age 18. DEL. CODE ANN. tit. 16 § 2908 (2018)  Vaping prohibited at licensed Family Child Care Homes. 9-100-103 DEL. CODE REGS. 21.24 (2018)

Vaping prohibited in foster homes. 9201-40.0 DEL. ADMIN. CODE §40.1.13 (2018) 

 

District of Columbia

State Capital - Washington

Definition - Vapor product means “(A) any non-lighting, noncombustible product that employs a mechanical heating element, battery, or electronic circuit, regardless of shape or size, that can be used to produce aerosol from nicotine in a solution; or (B) any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.” D.C. CODE § 47-2401(9A) (2018) 

Excise or Special Tax (non-sales tax) - Vapor products taxed at rate equal to tax imposed on cigarette packs, expressed as percentage of average wholesale price. D.C. CODE § 472402.01(a)(1)(C) (2018)

Retail License/ Permit Required - Yes. D.C. CODE § 472404(a) (2018) 

Smoke-Free Restrictions - Use of electronic smoking devices prohibited similar to smoking, including in workplaces and certain public places (such as enclosed public spaces, playgrounds, bus stops and sporting events). D.C. CODE § 7-741.02 (2018) and D.C. CODE § 7-1703 (2018) Use of electronic cigarettes on streetcar or streetcar platform prohibited. D.C. MUN. REGS. tit. 18, § 1605.2(c) (2018)

Use of electronic cigarettes prohibited on library property. D.C. MUN. REGS. tit. 19, § 810.6 (c)(5) (2018) 

 

Florida 

State Capital - Tallahasse

Definition - Nicotine dispensing device means “any product that employs an electronic, chemical, or mechanical means to produce vapor from a nicotine product, including, but not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product, any replacement cartridge for such device, and any other container of nicotine in a solution or other form intended to be used with or within an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product.” FLA. STAT. § 877.112(1)(a) (2018) Nicotine product means “any product that contains nicotine, including liquid nicotine, that is intended for human consumption, whether inhaled, chewed, absorbed, dissolved, or ingested by any means, but does not include a: (1) Tobacco product, as defined in § 569.002 . . . .” FLA. STAT. § 877.112(1)(b) (2018) 

Excise or Special Tax (non-sales tax) - N/A

Retail License/ Permit Required - N/A

Smoke-Free Restrictions - Use of electronic cigarettes and nicotine dispensing devices in courthouses of Sixth Judicial Circuit and within 50 feet of entrances thereto prohibited. ADMIN. ORDER NO. 2015-008 PA/PI-CIR (2018) Use of electronic cigarettes prohibited in all firefighter employee places of employment. FLA. ADMIN. CODE ANN. r. 69A-62.024(6) (2018)
E-cigarette use prohibited in licensed out-ofhome cargiver homes and vehicles (when children present). FLA. ADMIN. CODE ANN. r. 65C-13.030 and 65C-13.025 (2018) 

 

Georgia 

State Capital - Atlanta

Definition - Vapor product means “any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form. The term ‘vapor product’ shall include any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.” GA. CODE ANN. § 16-12-170(10) (2018) Use Restrictions
Electronic smoking device means “any electronic product that can be used to aerosolize and deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, hookah pipe, or hookah pen, and any cartridge or other component of the device or related product.” HAW. REV. STAT. §§ 323F-34(d); 321-211; 328J-1; and 712-1258(5) (2018)
 

Excise or Special Tax (non-sales tax) - N/A

Retail License/ Permit Required - NO

Smoke-Free Restrictions -  Use of electronic devices that simulate tobacco smoking prohibited by food service employees at work (except in designated areas). GA. COMP. R. & REGS. 511-6-1-.03 (2018)   

 

Hawaii 

State Capital - Honolulu

Definition - Electronic smoking device means “any electronic product that can be used to aerosolize and deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, hookah pipe, or hookah pen, and any cartridge or other component of the device or related product.”  HAW. REV. STAT. §§ 323F-34(d); 321-211; 328J-1; and 712-1258(5) (2018) 

Excise or Special Tax (non-sales tax) - N/A

Retail License/ Permit Required - No

Smoke-Free Restrictions - Use of electronic smoking devices prohibited in places smoking prohibited, including enclosed or partially enclosed places that are: owned, leased or operated by the state or counties, open to the public, places of employment, sports arenas/stadiums, and within 20 feet of entrances and exits to such places. HAW. REV. STAT. §§ 328J-2– 328J-6 (2018)
Use of electronic smoking devices prohibited in state parks. HAW. REV. STAT. § 184-4.5(a) (2018)
Use of vapor cigarettes or e-cigarettes in parks. HAW. CODE R. §15-210-13 (a) (25) (2018)
Use of electronic smoking devices prohibited on indoor and outdoor areas of Hawaii Health Systems Corporation property. HAW. REV. STAT. § 323F-34(a) (2018)
Use of electronic smoking devices prohibited in and within 20 feet of “any entrance, exit, window, and ventilation intake” of public elderly and low-income housing projects. HAW. REV. STAT. § 356D-6.5 (2018) 

 

Idaho 

State Capital - Boise

Definition - Electronic cigarette means “any device that can provide an inhaled dose of nicotine by delivering a vaporized solution [and] includes the components of an electronic cigarette including, but not limited to, liquid nicotine” IDAHO CODE ANN. § 39-5702(6) (2018) 

Excise or Special Tax (non-sales tax) - N/A

Retail License/ Permit Required - N/A

Smoke-Free Restrictions - N/A 

 

Illinois 

State Capital - Springfield

Definition - Alternative nicotine product means “a product or device not consisting of or containing tobacco that provides for the ingestion into the body of nicotine, whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing or by any other means.” 720 ILL. COMP. STAT. 675/1.5(a) (2018)
Electronic cigarette or E-Cigarette means “a battery-operated device that contains a combination of nicotine, flavor, or chemicals or any combination thereof that are turned into vapor which is inhaled by the user.” 430 ILL. COMP. STAT. 40/2.10 (2018)

Excise or Special Tax (non-sales tax) - Nicotine liquids/gels must be sold in child-resistant packaging (except prefilled containers not intended to be opened by consumer). IND. CODE § 24-3-76(b) and -7 (2018)
Manufacturers must use eliquid containers with tamper evident packaging, a child-resistant cap, and label must identify nicotine content and include nicotine addictiveness warning, among other requirements. IND. CODE § 7.1-7-4-6 (2018)

Retail License/ Permit Required - NO

Smoke-Free Restrictions - Use of products containing nicotine prohibited in places smoking prohibited on public higher education campuses. 110 ILL. COMP. STAT. 64/15 (2018)
Vaping or use of electronic cigarettes prohibited in any building or structure in the Capitol Complex. ILL. ADMIN. CODE tit. 71, § 2005.40 (2018) 

 

Indiana 

State Capital - Indianapolis

Definition - Electronic cigarette means “a device that is capable of providing an inhalable dose of nicotine by delivering a vaporized solution…[and] includes the components and cartridges.” IND. CODE §§ 35-46-1-1.5, 24-37-4 (2018) and 7.1-1-315.5 (2018)

Electronic delivery device means “any product that: (1) contains or delivers nicotine, lobelia, or any other substance intended for human consumption; and (2) can be used by a person to simulate smoking in the delivery of nicotine, lobelia, or any other substance through inhalation of vapor from the product . . . [and] includes any component part . . . whether or not the component part is marketed or sold separately.” IND. CODE § 24-3-7-5 (2018)

Nicotine liquid container means “a bottle or other container that: (1) contains a nicotine liquid or other substance containing nicotine; and (2) is sold, marketed or intended for use with an electronic cigarette or other electronic delivery device [but does not include such container if it is] prefilled and sealed by the manufacturer and not intended to be opened by the consumer.” IND. CODE § 24-3-7-6 (2018)
E-liquid manufacture and sales restrictions
Electronic cigarette means “a powered vaporizer that: (1) is thesize and shape of a traditional cigarette; (2) uses a sealed nonrefillable cartridge containing not more than four (4) milliliters of a liquid; and (3) is intended to be vaporized and inhaled. The term does not include a vapor pen.” IND. CODE § 7.1-7-2-9 (2018)
E-liquid means “a substance that: (1) may or may not contain nicotine; and (2) is intended to be vaporized and inhaled using a vapor product.” IND. CODE § 7.1-7-2-10 (2018)
Vapor product means “a powered vaporizer that converts e-liquid to a vapor intended for inhalation.” IND. CODE § 7.1-7-2-23 (2018) 

Excise or Special Tax (non-sales tax) - N/A

Retail License/ Permit Required - Yes IND. CODE §§ 7.1-318.5-1 and 7.1-7-51.1(a) (2018) 

Smoke-Free Restrictions - N/A 

 

Iowa 

State Capital - Des Moines

Definition - Vapor product means “any noncombustible product, which may or may not contain nicotine, that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from a solution or other substance . . . [including] an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device, and any cartridge or other container of a solution or other substance, which may or may not contain nicotine, that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.” IOWA CODE 

Excise or Special Tax (non-sales tax) - N/A

Retail License/ Permit Required - Yes 

Smoke-Free Restrictions - prohibited on state-operated and owned buildings and outdoor grounds used in connection with the building, except in privately-owned buildings located on Capitol Complex property. IOWA STATE EMPLOYEE POLICY § 9.57 (2014).
Use of electronic smoking devices prohibited by regulation on campus of Iowa State University. IOWA ADMIN. CODE 68113.17(262) (2018)
Use of electronic cigarettes prohibited by regulation on University of Iowa campus. IOWA ADMIN. CODE 681-12.6(262) (2018) 

 

Kansas 

State Capital - Topeka

Definition - Electronic cigarette “means a batterypowered device, whether or not such device is shaped like a cigarette, that can provide inhaled doses of nicotine by delivering a vaporized solution by means of cartridges or other chemical delivery systems.” KAN. STAT. ANN. § 79-3301(m) (2018); KAN. ADMIN. REGS. 92-57-1 (2)(2018)
 

Excise or Special Tax (non-sales tax) - Privilege tax for sale or dealing of electronic cigarettes “at the rate of $0.05 per milliliter of consumable material.” KAN. STAT. ANN. § 793399 (2018) 

Retail License/ Permit Required - Yes, both retailers and vending machine distributors . KAN. STAT. ANN. § 793303(a) (2018) 

Smoke-Free Restrictions - N/A

 

Kentucky 

State Capital - Frankfort

Definition - Vapor product means “any noncombustible product that employs a heating element, battery, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size and including the component parts and accessories thereto, that can be used to deliver vaporized nicotine or other substances to users inhaling from the device. . . . [I]ncludes but is not limited to any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and every variation thereof, regardless of whether marketed as such, and any vapor cartridge or other container of a liquid solution or other material that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar product or device.” KY. REV. STAT. ANN. § 438.305(9) (2018)

Excise or Special Tax (non-sales tax) - N/A

Retail License/ Permit Required - NO

Smoke-Free Restrictions - Use of electronic cigarettes and vaping devices prohibited on any and all properties owned or operated by the Executive branch, including buildings, land and vehicles owned, leased or contracted for state use. Includes certain health care facilities, veterans’ facilities, state parks, fairgrounds and highway rest areas. KY. EXEC. ORD. 2014-747

Use of electronic cigarettes prohibited in courtrooms and hallways of Hardin District Court. KY. R. HARDIN DISTRICT COURT, RULE 15.01 (2018) 

 

Louisiana 

State Capital - Baton Rogue 

Definition - Vapor product means “any non-combustible product containing nicotine or other substances that employs a heating element, power source, electronic circuit, or other electronic, chemical or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form . . . [and] includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.” LA. REV. STAT. ANN. §§ 26:901(31);  14:91.8(G)(7);  14:91.6(B)(7); and  47:842(20) (2018) 

Excise or Special Tax (non-sales tax) - Vapor products and electronic cigarettes taxed at $0.05 per milliliter of consumable nicotine liquid solution or other material containing nicotine that is depleted as a vapor product is used. LA. REV. STAT. ANN. § 47:841(F) (2018) 

Retail License/ Permit Required - Yes LA. REV. STAT. ANN. § 26:906(A) (2018) 

Smoke-Free Restrictions - Smoking or carrying electronic cigarettes and advanced personal vaporizers prohibited on any school property. LA. REV. STAT. ANN. §17:240(B)(2)(20 18)

 

Maine 

State Capital - Augusta

Definition - Tobacco Products means “any product that is made from or derived from tobacco, or that contains nicotine, that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any other means, including, but not limited to, a cigarette, a cigar, a hookah, pipe tobacco, chewing tobacco, snuff or snus…[including] an electronic smoking device and any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes and liquids used in electronic smoking devices, whether or not they contain nicotine.” ME. REV. STAT. ANN., §1551 (3)(2018) other electronic, chemical or mechanical means and that may be used to simulate smoking through inhalation of vapor or aerosol from the device, including, without limitation, a device manufactured, distributed, marketed or sold as an electronic cigarette, electronic cigar, electronic pipe, electronic hookah or so-called vape pen.” ME. REV. STAT. ANN. tit. 22 § 1560-B(1)(B) (2018)
Nicotine liquid container means “a container used to hold a liquid, gel or other substance containing nicotine that is sold, marketed or intended for use as or with an electronic nicotine delivery device [but does not include cartridges] prefilled and 
Electronic nicotine delivery device means “any noncombustible device containing or delivering nicotine or any other substance intended for human consumption that employs a heating element, power source or electronic circuit.

Excise or Special Tax (non-sales tax) - N/A

Retail License/ Permit Required - Yes. ME. REV. STAT. ANN. tit. 22 §1551A(1)(2018) and 10-144 ME. CODE. R 203 §7(2018) 

Smoke-Free Restrictions - Use of electronic smoking devices prohibited in most places smoking prohibited, including certain indoor public spaces, places of employment, day care/babysitting facilities, motor vehicles with children under 16, and certain outdoor areas including eating areas and near beaches, state parks and historic sites. ME.REV STAT. ANN. tit. 22 §§ 1541(6) (defining “smoking”); 1542 (public places); 1550(2) (outdoor eating areas); and 1580-E(2)(state parks and state historic sites) (2018) 

 

Maryland 

State Capital - Annapolis

Definition - Electronic nicotine delivery system means “an electronic device, a component for an electronic device, or a product used to refill or resupply an electronic device that can be used to deliver nicotine to an individual inhaling from the device [including] an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, and vaping liquid.” MD. CODE ANN., BUS. REG. §16.7-101 (c) (2018)

Vaping liquid means “a liquid that: (1) consists of propyle glycol, vegetable glycerin or other similar substance; (2) may or may not contain natural or artificial flavors; (3) may or may not contain nicotine; and (4) converts vapor intended for inhalation when heated in an electronic device.” MD. CODE
individual 

Excise or Special Tax (non-sales tax) - N/A 

Retail License/ Permit Required - Yes. MD. CODE ANN., BUS

Smoke-Free Restrictions - N/A 

 

Massachusetts 

State Capital - Boston

Definition - Electronic smoking device means “any product that can deliver nicotine to the user through inhalation of vapor [including] any component part of such product, including liquid for use in the device regardless of whether the liquid contains nicotine, [and] whether or not sold separately . . . .” 940 MASS. CODE REGS. 21.03 (2018)

Excise or Special Tax (non-sales tax) - N/A

Retail License/ Permit Required - N/A

Smoke-Free Restrictions - N/A

 

Michigan 

State Capital - Langsing

Definition - N/A

Excise or Special Tax (non-sales tax) - N/A

Retail License/ Permit Required - N/A

Smoke-Free Restrictions - Use of electronic smoking devices prohibited in Third Judicial Circuit Court. MICH. COMP. LAWS ANN., R 3 CIR Rule §8.115 (F) (1) (2018) 

 

Minnesota 

State Capital - St. Paul

Definition - Electronic delivery device means “any product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product. Electronic delivery device includes any component part of a product, whether or not marketed or sold separately.” MINN. STAT. § 609.685(1)(c) (2018)
Tax 

Excise or Special Tax (non-sales tax) - Tax of 95% of wholesale price imposed on tobacco products, including ecigarettes. MINN. STAT. § 297F.05(3) (2018) and Minn. Dep’t of Revenue Notice #12-10
Liquids 

Retail License/ Permit Required - Yes. A board or the governing body may license and regulate electronic delivery devices however, if they do not, the county board shall license and regulate electronic delivery devices. MINN. STAT. § 461.12(1) (2018) 

Smoke-Free Restrictions - Yes. A board or the governing body may license and regulate electronic delivery devices however, if they do not, the county board shall license and regulate electronic delivery devices. MINN. STAT. § 461.12(1) (2018)

 

Mississippi 

State Capital - Jackson

Definition - Alternative nicotine product means “(1) An electronic cigarette; or (2) Any other product that consists of or contains nicotine that can be ingested into the body by chewing, smoking, absorbing, dissolving, inhaling or by any other means.” MISS. CODE ANN. § 9732-51(1)(a)(i) (2018)
Electronic cigarette means “an electronic product or device that produces a vapor that delivers nicotine or other substances to the person inhaling from the device to stimulate smoking, and is likely to be offered to, or purchased by, consumers as an electronic cigarette, electronic cigar, electronic cigarillo or electronic pipe.” MISS. CODE ANN. § 97-3251(1)(b)(i) (2018) Vapor product means “any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form [including] any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe…and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in [any of the aforementioned devices] [but] does not include any alternative nicotine product or tobacco product.” MO. REV. STAT. § 407.925(12) (2018)

Nicotine liquid container means “a bottle or other container of liquid or other substance containing nicotine if the liquid or substance is sold, marketed, or intended for use in a vapor product [but does not include cartridges] prefilled and sealed by the manufacturer.

Excise or Special Tax (non-sales tax) - N/A

Retail License/ Permit Required - N/A

Smoke-Free Restrictions - N/A

 

Montana  

State Capital - Helena

Definition - Vapor product means “a noncombustible product that may contain nicotine and that uses a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, to produce vapor from a solution or other substance [including] an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and a vapor cartridge or other container that may contain nicotine in a solution or other form that is intended to be used with [any aforementioned] device.” MONT. CODE ANN. § 16-11-302(7) (2018) 

Excise or Special Tax (non-sales tax) - N/A

Retail License/ Permit Required - Yes MONT. CODE ANN. § 16-11303(1) (2018) 

Smoke-Free Restrictions - N/A

 

Nebraska 

State Capital - Lincoln

Definition - Vapor product means “any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form [and includes] any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of nicotine in a solution or other form [intended to be used with an aforementioned device].” NEB. REV. STAT. § 28-1418.01(4) (2018) 

Excise or Special Tax (non-sales tax) - N/A

Retail License/ Permit Required - N/A

Smoke-Free Restrictions - N/A

 

Nevada 

State Capital - Carson City 

Definition - Vapor product means “any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means, regardless of the shape or size thereof, that can be used to produce vapor from nicotine in a solution or other form [including] an electronic cigarette, cigar, cigarillo or pipe . . . and a vapor cartridge or other container of nicotine in a solution or other form [meant for use with an aforementioned device].” NEV. REV. STAT. ANN  §§ 202.2485.5 and  370.054 (2018) 

Excise or Special Tax (non-sales tax) - N/A

Retail License/ Permit Required - N/A

Smoke-Free Restrictions - Use of vapor products probhited within any procedure area of an invasive body decoration establishment. NEV. ADMIN. CODE § 444.xxx(49)(1) (2018) 

 

New Hampshire

State Capital - Concord

Definition - E-cigarette means “any electronic smoking device composed of a mouthpiece, a heating element, a battery, and electronic circuits that provides a vapor of pure nicotine mixed with propylene glycol to the user as the user simulates smoking . . . includes . . . ecigarettes, e-cigars, or e-pipes . . . .” N.H. REV. STAT. ANN. § 126-K:2(II-a) (2018)
Liquid nicotine means “any liquid product composed either in whole or in part of pure nicotine and propylene glycol and manufactured for use with e-cigarettes.” N.H. REV. STAT. ANN. § 126-K:2(III-a) (2018)

Excise or Special Tax (non-sales tax) - N/A

Retail License/ Permit Required - N/A

Smoke-Free Restrictions - Use of e-cigarette and liquid nicotine on “public educational facility” grounds prohibited. N.H. REV. STAT. ANN. § 126-K:7(I) (2018) 

 

New Jersey

State Capital - Trenton

Definition - Electronic smoking device means “an electronic device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, or pipe.” N.J. STAT. § 26:3D-57 (2018)
Packaging restrictions
Liquid nicotine means “any solution containing nicotine which is designed or sold for use with an electronic smoking device.” N.J. STAT. § 2A:170-51.9(a)(2) (2018)
Liquid nicotine container means “a bottle or other container of liquid, wax, gel, or other substance containing nicotine, where the liquid or other contained substance is sold, marketed or intended for use in a vapor product [but] does not include [containers] prefilled and sealed by the manufacturer [and] not intended to be opened by the consumer.” N.J. STAT. § 2A:170-51.9(a)(3) (2018)
Vapor product means “any non-combustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, to produce vapor from nicotine in a solution or any form [including] any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device, and any vapor cartridge or other container of nicotine in a solution or other form intended to be used with, or in, any such device.” N.J. STAT. § 2A:170-51.9(a)(4) (2018) 

Excise or Special Tax (non-sales tax) - N/A

Retail License/ Permit Required - N/A

Smoke-Free Restrictions - Use of electronic smoking device included in definition of “smoking” and prohibited in same spaces smoking prohibited, including indoor public places, workplaces and schools (with some exceptions). N.J. STAT. §§ 26:3D-57 through 26:3D–60 (2018)

Children’s Group Homes must prohibit use of electronic smoking devices by children and staff sale/distribution of such devices to children. N.J..ADMIN. CODE §3A:56-4.6 (2018) 

 

New Mexico

State Capital - Santa Fe

Definition - 

Tobacco control

E-cigarette means “(1) . . . any electronic oral device, whether composed of a heating element and battery or an electronic circuit, that provides a vapor of nicotine or any other substances the use or inhalation of which simulates smoking; and (2) includes any such device, or any part thereof, whether manufactured, distributed, marketed or sold as an e-cigarette, e-cigar, e-pipe or any other product, name or descriptor . . . .” N.M. STAT. ANN. § 30-492(B) (2018); N.M. ADMIN. CODE § 6.12.4.7(B) (2016)
Nicotine liquid container means “a bottle or other container of any substance containing nicotine where the substance is sold, marketed or intended for use in an e-cigarette.” N.M. STAT. ANN. § 30-492(D) (2018) and N.M. ADMIN. CODE 6.12.4.7(E) (2016)

Trade practices

Electronic delivery device means “any electronic device, whether composed of a heating element and battery or an electronic circuit, that provides a vapor of nicotine, the use or inhalation of which simulates smoking.” N.M. STAT. ANN. § 57-2C-1(C)(2) (2018)
Nicotine liquid container means “a bottle or container of a liquid or other substance containing nicotine where the liquid or substance is sold, marketed or intended for use in an electronic delivery device [excepting those] pre-filled and sealed . . . and not intended to be opened by the consumer.” N.M. STAT. ANN. § 572C-1(C)(3) (2018)

Excise or Special Tax (non-sales tax) - N/A

Retail License/ Permit Required - N/A

Smoke-Free Restrictions - Use/possession/dis tribution of nicotine liquid containers and ecigarettes prohibited on school property and by students at school-sponsored activities. N.M. ADMIN. CODE § 6.12.4.8(A) (2018)

 

New York

State Capital - Albany

Definition - Electronic cigarette (or e-cigarette) means “an electronic device that delivers vapor which is inhaled by an individual user, and shall include any refill, cartridge and any other component of such a device.” N.Y. PUB. HEALTH LAW § 1399aa(13) (2018)

Liquid nicotine (or electronic liquid or eliquid) means “a liquid composed of nicotine and other chemicals, and which is sold as a product that may be used in an electronic cigarette.” N.Y. PUB. HEALTH LAW § 1399cc(1)(e) (2018)

Vaping means “the use of an electronic cigarette.” N.Y. PUB. HEALTH LAW § 1399-n (9) (2018)

Excise or Special Tax (non-sales tax) -  N/A

Smoke-Free Restrictions - E-cigarette use restricted similar to smoking on Niagara Frontier Transportation Authority property. N.Y. COMP. CODES R. & REGS. tit. 21, § 1151.9 (2018)

E-cigarette use restricted similar to smoking on RochesterGenesee Regional Transportation Authority property. N.Y. COMP. CODES R. & REGS. tit. 21, § 4901.4(a)(10) (2018)

Vaping restricted similar to smoking on Syracuse Regional Airport property. N.Y. COMP. CODES R. & REGS. tit. 21, § 176.3 (2018)

Vaping prohibited where smoking is prohibited, including indoor areas such as work places, bars, restaurants, mass transit, hospitals, grade schools, higher educational and vocational institutions including their residences, etc.; and outdoor areas, such as railroad stations, grounds and building entryways of hospitals, resident health care facilities, and grade schools, inuse after-school programs  N.Y. PUB. HEALTH LAW § 1399-o (2018); playgrounds outside NYC (1399-0-1) 

 

North Carolina 

State Capital - Raleigh

Definition - 

Sales/Distribution restrictions

Vapor product means “any noncombustible product that employs a mechanical heating element, battery, or electronic circuit regardless of shape or size and that can be used to heat a liquid nicotine solution contained in a vapor cartridge. The term includes an electronic cigarette, electronic cigar, electronic cigarillo, and electronic pipe.” N.C. GEN. STAT. §§ 14-313(a)(5), 14401.18A(A)(4), and 148-23.1(d)(3) (2018) E-liquid means “a liquid product, whether or not it contains nicotine, that is intended to be vaporized and inhaled using a vapor product.” N.C. GEN. STAT. §14401.18A(a)(2) (2018)
E-liquid container means “a bottle or other container of e-liquid [except] a container [that] is pre-filled and sealed by the manufacturer and is not intended to be opened by the consumer.” N.C. GEN. STAT. § 14401.18A(a)(3) (2018)

Tax provisions

Vapor product means “any nonlighted, noncombustible
Purchase product that employs a mechanical heating element, battery, or electronic circuit regardless of shape or size and that can be used to produce vapor from nicotine in a solution [including] any vapor cartridge or other container of nicotine . . . intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or similar product or device.” N.C. GEN. STA. § 105-113.4(13a) (2018)

Consumable product means “any nicotine liquid solution or other material containing nicotine that is depleted as a vapor product is used.” N.C. GEN. STAT. § 105-113.4 (1k) (2018)
 

Excise or Special Tax (non-sales tax) - Vapor products taxed at rate of $0.05/fluid ml. of consumable product. N.C. GEN. STAT. § 105-113.35(a1) (2018) 

Retail License/ Permit Required - Yes. N.C. GEN. STAT. §105113.36 (2018)

Smoke-Free Restrictions - Use of e-cigarettes prohibited at child care centers. 10A N.C. ADMIN. CODE 9.0604(h) (2018)
Use of e-cigarettes prohibited at Family Child Care Homes. 10A N.C. ADMIN. CODE 9.1719 (a)(10) (2018)

Sale or distribution of vapor products to inmates on correctial facility premises is prohibited. N.C. GEN. STAT. ANN. §14-258.1 (c)(2018)


School districts must adopt a policy prohibiting tobacco product use on school property and at school-sponsored events. (N.C. GEN. STAT. ANN. §115C-407 (2018)); ecigarettes are included in school district tobaccofree policies and are thus prohibited on grounds and school events. (DEP'T PUB. INST., Prohibiting Electronic Cigarettes on School Campuses (2018)

 

North Dakota 

State Capital - Biz Marck

Definition - E-cigarette means “any electronic oral device, such as one composed of a heating element and battery or electronic circuit, or both, which provides a vapor of nicotine or any other substances, and the use or inhalation of which simulates smoking [including a product marketed as an] e-cigarette, e-cigar, and e-pipe or under any other product, name, or descriptor.” N.D. CENT. CODE § 23-12-09(3) (2018)  Sales restrictions

Electronic smoking device means “any electronic product that delivers nicotine or other substances to the individual inhaling from the device, including, an electronic cigarette, e-cigar, epipe, vape pen, or e
be hookah. Electronic smoking device includes any component, part, or accessory of such a product, whether or not sold separately . . . .” N.D. CENT. CODE § 12.1-31-03(9)(b) (2018)

Nicotine liquid container means “a bottle or other container of a liquid or other substance containing nicotine in which the liquid or substance is sold, marketed, or intended for use in an electronic smoking device [except a container that] is prefilled and sealed by the manufacturer and not intended to be opened by the consumer.” N.D. CENT. CODE § 12.1-3103.2(2) (2018)

Excise or Special Tax (non-sales tax) -

Retail License/ Permit Required -

Smoke-Free Restrictions - Use of e-cigarettes included in definition of smoking and therefore prohibited in public places, places of employment and within 20 feet of entrances, exits, windows, air intakes and ventilation systems thereof. N.D. CENT. CODE § 23-12-10 (2018) 

 

Ohio 

State Capital - Columbus

Definition - Alternative nicotine product “means . . . anelectronic cigarette or any other product or device that consists of or contains nicotine that can be ingested into the body by any means, including, but not limited to, chewing, smoking, absorbing, dissolving, or inhaling.” OHIO REV. CODE ANN. § 2927.02(A)(2)(a) (2018)

Electronic cigarette “means . . . any electronic product or device that produces a vapor that delivers nicotine or any other substance to the person inhaling from the device to simulate smoking and that is likely to be offered to or purchased by consumers as an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe.” OHIO

Excise or Special Tax (non-sales tax) - N/A

Retail License/ Permit Required - N/A

Smoke-Free Restrictions - Use of electronic nicotine delivery systems, which includes ecigarettes, prohibited in the capitol buildings. OHIO ADMIN. CODE 128-402(G)(9) (2018)

Use of electronic cigarettes prohibited in body art establishment rooms used for body art or sterilization procedures. OHIO ADMIN. CODE 3701-9-04(K) (2018)

Use of electronic cigarettes or vaping prohibited in Franklin County Court of Common Pleas. OHIO REV. CODE ANN. LOC. R. 54.3 (2018) 

 

Oklahoma 

State Capital - Oklahoma City

Definition - Vapor product means “noncombustible products, that may or may not contain nicotine, that employ a mechanical heating element, battery, electronic circuit, or other mechanism, regardless of shape or size, that can be used to produce a vapor in a solution or other form [including] any vapor cartridge or other container with or without nicotine or other form that is intended to be used with an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device . . . .” OKLA. STAT. tit. 37 § 600.2(8) (2018) 

Excise or Special Tax (non-sales tax) -

Retail License/ Permit Required -

Smoke-Free Restrictions - devices and ecigarettes prohibited on properties owned, leased or contracted for use by the state, including buildings, land and vehicles owned, leased or contracted for use by the state, except when used by those living in Veteran's Affairs Residential Facilities while they are on facility grounds. OKLA. EXEC. ORD. 20155 (continuing OKLA. EXEC. ORD. 2013-43)

Possession/use of electronic cigarettes and vaping devices prohibited on grounds of Comprehensive Community Addiction Recovery Centers’, Mental Illness Service Programs, Gambling Treatment Programs, Community Mental Health Centers, Substance Related and Addictive Disorder Treatment, and Opioid Treatment Programs. OKLA. ADMIN. CODE §§ 450:24-21-1.1(a), 450:27-3-5(a), 450:65-7-4.1(a), 450:17-23-3(a), 450:18-5-3.3(a), and 450:70-2-3(a) (2018)

 

Oregon

State Capital - Salem

Definition - 

Inhalant means “nicotine, a cannabinoid or any other substance that (a) [i]s in a form that allows the nicotine, cannabinoid or substance to be delivered into a person’s respiratory system; (b) [i]s inhaled for the purpose of delivering the nicotine, cannabinoid or other substance into a person’s respiratory system . . . .” OR. ADMIN. R. 333-0150030(15) (2018), OR. REV. STAT. ANN. §433.835(3), and OR. ADMIN. R. 333-0150305(8)(2018)

Inhalant delivery system means “(i) [a] device that can be used to deliver nicotine or cannabinoids in the form of a vapor or aerosol to a person inhaling from the device; or (ii) a component of a device [described above] or asubstance in any form sold for the purpose of being vaporized or aerosolized by a device [described above], whether the component or substance is sold separately or is not sold separately . . . .” OR. REV. STAT. ANN. § 431A.175(1)(a)(A) (2018) and OR. ADMIN. R. 333—150200(3)(A)(2018), and OR. ADMIN. R. 333015-0305 (2018)

Liquid nicotine container means “a consumer product that consists of a container that has opening from which nicotine in a solution or other form is accessible and can flow freely through normal and foreseeable use by a consumer; and is used to hold soluble nicotine in any concentration.” OR. ADMIN. R. 333-0150305 (2018)

Fillable inhalant delivery system means“a product that is sold without nicotine or non-nicotine inhalants, not permanently sealed and can be opened and filled with any inhalant.” OR. ADMIN. R. 333-015-0305 (7)(2018)
attractive 

Excise or Special Tax (non-sales tax) - N/A

Retail License/ Permit Required - N/A

Smoke-Free Restrictions - places, places of employment, jury rooms, at least 75% of hotel rooms, child care homes/centers, and within 10 feet of entrances, exits, windows or ventilation intakes of enclosed areas prohibited. OR. REV. STAT. ANN. §§ 433.845 and 433.850(1) (2018); OR. ADMIN. R. 414350-0090(6); 414180-0015(15); 414-2050100(2)(a) and 414-300-0070(12) (2018)

Hospitals may not permit use of “inhalant delivery system[s]” in hospital or within 10 feet of a doorway, window or ventilationintake thereof. OR. REV. STAT. ANN. § 441.815(2) (2018)

Use of inhalant delivery system in car while person under age 18 is present prohibited. OR. REV. STAT. ANN. § 811.193 (2018)

Use or possession of e-cigarettes or vaporizers in Department of Human Services’ child care home or facility or within ten feet of any entrance, exit, window that opens or any ventilation intake that serves an enclosed area, during child care operational hours or anytime child care children are present. 

 

Pennsylvania 

State Capital - Harrisburg

Definition - Electronic Cigarette means “(1) an electronic oral device, such as one composed of a heating element and battery or electronic circuit, or both, which provides a vapor of nicotine or any other substance and the use or inhalation of which simulates smoking. (2) The term includes (i) [a] device as described in paragraph (1), notwithstanding whether the device is manufactured, distributed marketed or sold as an e-cigarette, e-cigar and e-pipe or under any other product, name or description[,] (ii) [a] liquid or substance placed in or sold for use in an electronic cigarette.” 72 PA. CONS. STAT. § 8201-A (2018) 

Excise or Special Tax (non-sales tax) - Electronic cigarettes taxed at rate of 40% of purchase price charged to the retailer. 72 PA. CONS. STAT. §

Retail License/ Permit Required - N/A

Smoke-Free Restrictions - N/A

 

Rhode Island

State Capital - Providence

Definition - Electronic nicotinedelivery system means “an electronic device that may be used to simulate smoking in the delivery of nicotine or other substance to a person inhaling from the device, and includes, but is not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or electronic hookah and any related device and any cartridge or other component of such device.” 11 R.I. GEN. LAWS ANN. §§ 11-913.4(15) and 216 R.I. CODE R. 50-156.2(A)(6) (2018)

Electronic nicotinedelivery system usage means “any vaping, inhaling, or use of any” electronic nicotinedelivery system. 23 R.I. GEN. LAWS ANN. §2320.9-4 (2018)

Liquid nicotine container means “a bottle or other container of a liquid or other substance where the liquid or substance is sold, marketed, or intended for use in a vapor product” excluding such containers that are “prefilled and sealed by the manufacturer and not intended to be opened by the consumer.” 11 R.I. GEN. LAWS. ANN. § 119-13.20(c) (2018)

Excise or Special Tax (non-sales tax) - N/A

Retail License/ Permit Required - Yes 23 R.I. GEN. LAWS ANN. § 231-56(a) (2018) 

Smoke-Free Restrictions - Possession of ecigarettes by visitors prohibited in all Rhode Island Department of Corrections facilities. 24 R.I. CODE R. § 24.03-

 

South Carolina 

State Capital - Columbia

Definition - Alternative nicotine product means “a product, including electronic cigarettes, that consists of or contains nicotine that can be ingested into the body by chewing, smoking, absorbing, dissolving, inhaling, or by any other means.” S.C. CODE ANN. § 1617-501(6) (2018)

Electronic cigarette means “an electronic product or device that produces a vapor that delivers nicotine or other substances to the person inhaling from the device to simulate smoking, and is likely to be offered to, or purchased by, consumers as an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe.” S.C. CODE ANN. § 16-17501(7) (2018)

Excise or Special Tax (non-sales tax) - N/A

Retail License/ Permit Required - N/A

Smoke-Free Restrictions - Use of electronic cigarettes prohibited in ambulances. S.C. CODE ANN. REGS. 61-7 § 601(O) (2018) 

 

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