Where Can I Vape? Public Vape Restrictions
Posted by Courtney McElligott on Jan 17th 2018
"Where can I vape?" is one of the most common questions we hear, and the honest answer is: it depends on where you are. There is no single nationwide rule. Some places treat a vape device the same as a cigarette, others barely address it, and plenty of locations leave the call to whoever owns the building. Here is how to read the situation so you are not caught off guard.
This post was originally published several years ago. Vaping rules change often at the state and local level, so treat the specifics below as a starting point and confirm the current law for your area before you rely on it.
Why the rules are all over the map
Vaping is still relatively new. The first widely sold vape devices appeared in the early 2000s, while cigarettes have been around for centuries. That gap matters. There has not been enough time for one consistent set of rules to settle in across the country, so regulations vary a lot from one state, and even one city, to the next. Some regions apply the same restrictions to vaping that they apply to cigarettes. Others treat it more loosely. That patchwork is exactly why so many adult vapers stay unsure about where it is acceptable to vape and what the etiquette is.
One federal baseline does apply everywhere: under the FDA's 2016 deeming rule, vape products and e-liquid are regulated as tobacco products. You also have to be 21 or older to buy them. That federal framing is part of why many state and local governments slot vaping into their existing smoking rules.
Vaping on your own property
Start with the easy one: can you vape at home? Generally, yes. If you are of legal age and you own your home, you are within your rights to vape there. Renting changes things. Because vape products are treated like tobacco, a landlord can restrict their use inside a rental unit, the same way they can with cigarettes. If you are not sure where you stand in an apartment, check your lease or just ask your landlord. And the obvious caveat still applies: if you damage a rental with your gear, you are responsible for it.
What about your car or a business you own? In your own vehicle you are generally fine. At the state level you can usually vape in a business you own, though local rules can override that. Even when it is allowed, a little judgment goes a long way. A cloud of vapor rolling out the door every time a customer walks in is not a great first impression, so most owners keep it discreet.
Vaping away from home
Indoor public places
This is where it gets blurry. Once you leave home, indoor public spaces are the most likely place to run into a restriction. Many states fold vaping into their indoor smoking bans, which means it is off-limits in restaurants, bars, hospitals, and most workplaces. As a rule of thumb, if you cannot light a cigarette there, assume you cannot vape there either.
As of recent counts from the American Nonsmokers' Rights Foundation, 28 states, commonwealths, and territories restrict e-cigarette use in 100% smokefree venues, and well over a thousand municipalities do the same at the local level. The Foundation keeps an updated set of lists and maps you can check for your state.
The usual exception is a venue with a designated smoking area. A hotel that offers smoking rooms will often allow vaping in them, while a fully non-smoking property may or may not. When a place is silent on the subject, permission comes down to the proprietor. Ask someone, or step outside.
Outdoor public places
It seems like the outdoors should be simpler, since vapor disperses quickly in open air. In practice it can be more complicated, because there is no single national standard. In many states you can vape in open-air spaces like public parks. But some areas extend their zero-smoking policies to cover vaping outdoors too, often on college campuses, public transit, and busy downtown districts. It tends to be decided case by case. Watch for posted signs, since most places that prohibit outdoor vaping will say so right alongside the rule for cigarettes.
A simple approach when you are not sure
When the rule is unclear, default to the cigarette test: if smoking is not allowed where you are standing, assume vaping is not either, and ask before you exhale. It keeps you out of trouble in restricted areas and it is just good manners around people who would rather not stand in a cloud.
Frequently Asked Questions
Can I vape indoors in public places?
Often no. Many states and over a thousand local governments treat vaping the same as smoking in enclosed public spaces like restaurants, bars, and workplaces. The safe assumption: if you cannot smoke a cigarette there, you probably cannot vape there. Check posted signs or ask staff.
Can my landlord stop me from vaping in my apartment?
Yes. Because vape products are regulated as tobacco products, a landlord can prohibit their use inside a rental unit just as they can prohibit smoking. Read your lease or ask your landlord directly so you know where you stand.
Is it legal to vape in my car?
In your own vehicle, generally yes. There is no broad ban on vaping in a private car. Use common sense around heavy clouds while driving so you keep clear visibility, and note that some states restrict smoking or vaping in a vehicle when a minor is present.
Where can I find my state's specific vaping rules?
The American Nonsmokers' Rights Foundation maintains current lists and maps of state and local e-cigarette use laws at no-smoke.org. State health department sites and the Public Health Law Center's 50-state review are also good places to confirm the latest rules before you travel.
Can I vape outdoors in parks or on the street?
It varies. Many states allow vaping in open-air spaces like parks, but some extend smoke-free policies to outdoor areas such as campuses, transit stops, and downtown districts. Look for posted signage, which usually covers vaping wherever cigarettes are restricted.
How old do I have to be to buy vape products?
21. Federal law sets the minimum age to purchase tobacco and vapor products at 21 nationwide, and retailers verify age at checkout.
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.