Puff, Puff, May I Pass? A Quick Guide to Vaping Laws
Posted by Courtney McElligott on May 31st 2019
You see it on the street, on the beach, and on patios outside bars and restaurants. Vaping is everywhere now. So the question comes up a lot: where are you actually allowed to do it, and where will it get you in trouble?
The honest answer is that the rules are a patchwork. Some states have detailed statutes. Others barely address vaping at all, and a lot of the day-to-day "rules" are really just etiquette set by the venue you happen to be standing in. This guide walks through where the law is clear, where it is fuzzy, and how to read a room so you are not the person getting glared at.
Age First: You Have to Be Old Enough to Buy
Before location even matters, there is the question of whether you can buy vaping gear at all. That covers the device, the e-liquid, replacement coils, and everything else on the shelf.
Back in 2016, the FDA classified all vapor products as "tobacco products," even the ones that contain no nicotine. That classification matters because it means vaping products fall under the same minimum-age rules as cigarettes and other tobacco.
As of December 2019, federal law set that minimum age at 21 nationwide. There are no military exemptions and no grandfather clause for people who were already 18 to 20. Some states and cities layer on their own requirements on top of the federal floor, so it is still worth checking your local rules. Central Vapors is strictly 21+, and we verify age on every order.
Vaping at Home
Your own place is the one spot that is genuinely up to you. If you own your home, no landlord or building rule is telling you what to do in your own living room.
Renting changes that. A lease can prohibit vaping indoors the same way it prohibits smoking, so read yours before you assume. And if you still live with family, that is a household conversation, not a legal one.
One practical note: vapor disperses quickly and the smell, when there is any, fades fast and depends a lot on the flavor you picked. It does not linger in fabric the way some other things do. That is convenient, but it is not an excuse to fill a shared room with clouds when someone else is in it.
Keep It Away From Kids
This one should be obvious, but it is worth saying plainly: do not vape around children, and especially not around children who are not yours.
Setting that aside entirely, there is the example you set. Kids learn how to be adults by watching adults. Plenty of people feel that vaping in front of young people sends the wrong message, the same way smoking does. Keep that in mind the next time you reach for your device with a kid in the room.
Read the Room With Other Adults Too
The same courtesy applies to grown-ups who would rather not be in your cloud. A quick glance around before you exhale goes a long way, and it keeps the whole hobby looking better to everyone watching.
Enclosed Spaces
Indoors is almost always a no. Many businesses have updated their no-smoking signage to spell out no vaping as well, and a lot of state and local clean-air laws now cover vapor explicitly.
State and city rules do vary, and you will occasionally find a venue, like a dedicated vape lounge, that allows it inside. The mistake is assuming. Light up in the wrong indoor space and you may get a room full of annoyed people asking you to stop. When in doubt, step outside.
Public Transportation and Transit Stations
Here the law is often vague or simply silent, so the etiquette above is your best guide. Skip it inside any enclosed vehicle such as a bus, train, or subway car.
Transit stations can be open-air, but treat them like enclosed spaces anyway. Platforms get crowded, and the people packed in next to you did not sign up for a vape cloud while they wait.
Flying: Carry-On Only, and Never In the Cabin
Air travel has the clearest rules of anything on this list, because they are federal and they are enforced.
You cannot use or charge a vape on a plane, full stop. Doing so violates federal regulations, and penalties can run into the thousands of dollars regardless of the airline's own policy. That includes sneaking one in your seat or in the lavatory, which can also get you removed from the flight and banned from future ones.
For packing, the TSA and FAA guidelines break down like this:
- Vape devices and spare batteries are prohibited in checked baggage because of the lithium-battery fire risk.
- Devices belong in your carry-on, on your person, with the battery terminals protected against short circuits.
- If you gate-check or plane-side check a bag, pull any vaping devices out first.
- E-liquid follows the standard 3.4 oz (100 mL) liquid rule in your quart-size bag.
- Individual airlines can add their own restrictions on top of all of this.
When the Law Is Quiet, Etiquette Fills the Gap
You are an adult capable of making your own informed choices. Just remember that vague laws do not stop the person next to you at the bar from getting irritated when you blow a cloud their way.
Whether you can vape somewhere often comes down to the individual business owner, and rules can change from one city to the next inside the same state. If you are unsure, asking costs nothing. If you would rather not ask, tuck the device away until you are somewhere it clearly fits, ideally outside in open air.
Frequently Asked Questions
How old do you have to be to buy vaping products in the US?
Federal law sets the minimum age at 21 nationwide as of December 2019, with no exemptions. Some states and cities add their own requirements on top of that. Central Vapors sells only to adults 21 and over and verifies age on every order.
Why are no-nicotine vapes still age-restricted?
In 2016 the FDA classified all vapor products as tobacco products, including ones with zero nicotine. That classification puts them under the same 21+ minimum-age rules as other tobacco products, regardless of nicotine content.
Can I bring my vape on a plane?
Yes, in your carry-on or on your person, never in checked baggage, because of the lithium-battery fire risk. Protect the battery terminals against short circuits and keep e-liquid within the 3.4 oz liquid limit. You cannot use or charge the device in the cabin at any point.
Is it legal to vape indoors in public places?
It depends on state and local clean-air laws and on the venue itself. Many places that ban smoking indoors now ban vaping too. Never assume it is allowed; look for signage or ask, and step outside if you are unsure.
Are vaping laws the same in every state?
No. The 21+ purchase age is federal and applies everywhere, but rules on where you can vape, plus taxes and other restrictions, vary widely by state and even by city. Check your local rules before you assume.
What is the safest way to pack vape batteries for travel?
Keep loose and spare batteries in carry-on only, and cover the terminals so they cannot short against keys or coins. Leaving them in retail packaging, using a battery case, or taping the contacts all work. Loose batteries rubbing together in a bag are what you want to avoid.
These products are intended only for adults 21+. Nicotine is an addictive chemical. This article is general product information and is not a smoking-cessation claim.