2530 San Pablo Avenue, Suite J, Berkeley, CA 94702 | 510.841.3032 | 510.841.3071 Fax | no-smoke.org | [email protected]ANRF is a 501c3 nonprofit organization and donations are tax deductible | Tax ID #94-2922136 Page 1 of 1 States and Municipalities with Laws Regulating Use of Electronic Cigarettes As of October 1, 2021 The following list includes states and municipalities with laws currently in effect that regulate where use of electronic cigarettes (e-cigarettes) is prohibited. E-cigarettes are battery-powered devices that are designed to mimic cigarettes by vaporizing a nicotine-laced liquid that is inhaled by the user. The use of e-cigarettes in workplaces and public places is a significant public health concern, not only because of their unregulated constituents and the potential health impact of the vapor on users and bystanders, but also because e-cigarette use causes public confusion as to where smoking is allowed, resulting in compliance problems with smokefree laws. Most local and state smokefree laws were enacted before e-cigarettes were on the market, so while such laws do not explicitly mention e-cigarettes, it should not be assumed that their use is permitted. Existing smokefree laws are often interpreted to prohibit e-cigarette use in their smokefree provisions. In the 100% Smokefree Venues column, the following abbreviations are used: W = Non-Hospitality Workplaces R = Restaurants B = Bars G = Gambling facilities Please note, this document shows the number of places, not the number of laws. Some places have multiple laws. Please visit our lists page to see information by law in chart format. For more information on e-cigarettes, visit our e-cigarette resource page. Laws Currently in Effect State, Commonwealth, and Territory Laws Restricting E-cigarette Use in 100% Smokefree Venues: 23 State, Commonwealth, and Territory Laws Restricting E-cigarette Use in Other Venues: 13 Local Laws Restricting E-cigarette Use in 100% Smokefree Venues: 993 In addition, 720 local laws restrict E-cigarette Use in Other Venues (not listed below). Summary of Laws Currently in Effect State Laws Restricting E-cigarette Use in 100% Smokefree Venues Other state laws that do not explicitly address e-cigarettes might be interpreted as prohibiting the use of e-cigarettes in existing smokefree provisions. State 100% Smokefree Venues In Which Use of E-cigarettes Prohibited Use of E-cigarettes Specifically Permitted Permitted In: 1. California WRBG No 2. Colorado WRBG No 3. Connecticut WRBG No 4. Delaware WRBG Partial 4/19: Vapor establishments, provided entry is prohibited to persons under 21.
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U.S. State and Local Laws Regulating Use of Electronic Cigarettes
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2530 San Pablo Avenue, Suite J, Berkeley, CA 94702 | 510.841.3032 | 510.841.3071 Fax | no-smoke.org | [email protected]
ANRF is a 501c3 nonprofit organization and donations are tax deductible | Tax ID #94-2922136 Page 1 of 1
States and Municipalities with Laws Regulating Use of Electronic Cigarettes
As of October 1, 2021 The following list includes states and municipalities with laws currently in effect that regulate where use of electronic cigarettes (e-cigarettes) is prohibited. E-cigarettes are battery-powered devices that are designed to mimic cigarettes by vaporizing a nicotine-laced liquid that is inhaled by the user. The use of e-cigarettes in workplaces and public places is a significant public health concern, not only because of their unregulated constituents and the potential health impact of the vapor on users and bystanders, but also because e-cigarette use causes public confusion as to where smoking is allowed, resulting in compliance problems with smokefree laws. Most local and state smokefree laws were enacted before e-cigarettes were on the market, so while such laws do not explicitly mention e-cigarettes, it should not be assumed that their use is permitted. Existing smokefree laws are often interpreted to prohibit e-cigarette use in their smokefree provisions. In the 100% Smokefree Venues column, the following abbreviations are used:
W = Non-Hospitality Workplaces R = Restaurants B = Bars G = Gambling facilities
Please note, this document shows the number of places, not the number of laws. Some places have multiple laws. Please visit our lists page to see information by law in chart format. For more information on e-cigarettes, visit our e-cigarette resource page. Laws Currently in Effect State, Commonwealth, and Territory Laws Restricting E-cigarette Use in 100% Smokefree Venues: 23 State, Commonwealth, and Territory Laws Restricting E-cigarette Use in Other Venues: 13 Local Laws Restricting E-cigarette Use in 100% Smokefree Venues: 993 In addition, 720 local laws restrict E-cigarette Use in Other Venues (not listed below).
Summary of Laws Currently in Effect
State Laws Restricting E-cigarette Use in 100% Smokefree Venues Other state laws that do not explicitly address e-cigarettes might be interpreted as prohibiting the use of
e-cigarettes in existing smokefree provisions.
State 100% Smokefree Venues In Which
Use of E-cigarettes Prohibited Use of E-cigarettes
Specifically Permitted Permitted In:
1. California WRBG No
2. Colorado WRBG No
3. Connecticut WRBG No
4. Delaware WRBG Partial 4/19: Vapor establishments, provided entry is prohibited to persons under 21.
Use of E-cigarettes Prohibited Use of E-cigarettes
Specifically Permitted Permitted In:
5. Florida WRB No
6. Guam RB No
7. Hawaii WRB No
8. Maine RB No
9. Massachusetts WRBG No
10. Minnesota WRBG No
11. Nebraska WRBG Partial 8/20: ESD use permitted in ESD businesses. ESD defined to contain nicotine.
12. Nevada WR No
13. New Jersey WRB No
14. New Mexico WRB No
15. New York WRBG Partial 10/17: Retail e-cigarette stores.
16. North Dakota WRBG No
17. Northern Mariana Islands
W No
18. Oregon WRBG No
19. Puerto Rico WRBG No
20. Rhode Island WRB Partial 7/18: E-cigarette establishments serving food or alcohol exempt if core business is selling e-cigarettes containing any substance.
21. South Dakota WRBG No
22. Utah WRB No
23. Vermont WRBG Partial 5/16: E-cigarette stores are exempt.
Page 3 of 3
State Laws Regulating E-cigarette Use in Other Venues
State Prohibited In: Use of E-cigarettes
Specifically Permitted
Permitted In:
1. Arkansas Use of e-cigarettes prohibited on school district property, on each campus of state-supported of state-supported institutions of higher education, on school grounds, in child care facilities, in healthcare facilities, and in State Fair indoor facilities and within 20 feet thereof.
No
2. Georgia Tobacco use, including use of e-cigarettes, prohibited everywhere on campuses of University System of Georgia, with limited exceptions for educational purposes and research.
No
3. Illinois As of 7/1/15, smoking, including use of e-cigarettes, prohibited on all campuses of State-supported institutions of higher education, including buildings, grounds, parking lots, and vehicles owned by institutions. Enclosed research laboratories are exempt.
No
4. Kansas Tobacco use, including use of e-cigarettes, prohibited on all Dept. of Corrections property and grounds, by both employees and inmates. Religious activities of inmates are exempt. Per opinion of Attorney General, Indoor Clean Air Act of 2010 does not apply to e-cigarettes.
Partial 10/11: All places where smoking is prohibited per 3/12/10 law, including workplaces, restaurants, bars, gambling facilities, and public places generally.
5. Kentucky Tobacco use, including use of e-cigarettes (not defined), prohibited on all properties of State Executive Branch, including buildings, vehicles, and land, but excluding specific outdoor areas such as parks, Kentucky Horse Park, and Kentucky State Fairgrounds. Per Governor's Office, does not apply to State colleges and universities. Use of tobacco, and vapor products containing any substance, prohibited in/on school board property/vehicles. Other restrictions are specific to students/staff/volunteers. Local school boards may opt out up to 3 years after the effective date of 6/27/19.
No
Page 4 of 4
State Prohibited In: Use of E-cigarettes
Specifically Permitted
Permitted In:
6. Maryland Smoking, including use of e-cigarettes prohibited on MARC commuter rail system trains.
No
7. New Hampshire
Use of e-cigarettes prohibited in public educational facilities and on grounds thereof.
No
8. Oklahoma Tobacco use, including use of e-cigarettes, prohibited in all Dept. of Corrections facilities, including vehicles and grounds. Use of e-cigarettes prohibited on all State property, including buildings, land, and vehicles, although use is permitted by residents of Veteran's Affairs Residential Facilities while at facilities.
Partial 12/13: Residents of Veteran's Affairs Residential Facilities while at facilities.
9. Pennsylvania 11/19: Use of tobacco products, defined to include electronic devices containing any substance, prohibited in school buildings and school buses/vehicles, as well as on school property, except designated areas at least 50 feet from school buildings/stadiums/bleachers.
No
10. Texas Use of e-cigarettes prohibited in specified public places, except in designated areas.
No
11. Virginia All school boards must have policies prohibiting use of e-cigarettes on school buses, on school property, and at school-sponsored activities. Smoking, including use of e-cigarettes, prohibited on Virginia Railway Express trains and limited to 100 feet on north end of station platforms.
No
12. Washington Use of e-cigarettes, defined to exclude marijuana, prohibited in and on real property under control of child care facilities when children are present; in and within 500 feet of schools; in school buses and elevators; on school grounds; and at playgrounds from sunrise to sunset when persons under age 12 are present.
Partial 4/16: Retail e-cigarette stores.
13. Wisconsin Smoking, including use of e-cigarettes, prohibited at indoor facilities of State Fair and at main stage area.
No
Page 5 of 5
Local Laws Regulating Use of E-cigarettes
Laws Restricting E-cigarette Use in 100% Smokefree Venues
Note: The jurisdiction(s) affected by county-level laws vary widely. Look for a plus symbol (+) next to each
county with a law that includes both areas. A county without a symbol means that the county law covers unincorporated areas only.
State City/County
100% Smokefree Venues in Which
Use of E-cigarettes Prohibited
Use of E-cigarettes
Specifically Permitted
If Partial, Permitted In:
1. AK Dillingham RB No
2. AK Juneau WRBG No
3. AK Nome WRB No
4. AK Palmer WRB No
5. AK Petersburg RBG No
6. AL Anniston WRBG No
7. AL Bessemer WRG No
8. AL Clay WRBG No
9. AL Creola WRBG No
10. AL Decatur WRB No
11. AL Foley WRG No
12. AL Fultondale WRBG No
13. AL Gadsden WRBG No
14. AL Homewood WRB No
15. AL Luverne WRBG No
16. AL Midfield WRBG No
17. AL Monroeville WRBG No
18. AL Mountain Brook WRB No
19. AL Opelika WR No
20. AL Sheffield WRBG No
21. AL Troy WRBG No
22. AL Vestavia Hills WRBG No
23. AR Pine Bluff R No
24. AR Wooster WRB No
25. AZ Clarkdale WRBG No
26. AZ Coconino County WR No
27. AZ Flagstaff WRB No
28. AZ Goodyear W No
29. AZ Tempe WRB No
Page 6 of 6
State City/County
100% Smokefree Venues in Which
Use of E-cigarettes Prohibited
Use of E-cigarettes
Specifically Permitted
If Partial, Permitted In:
30. CA Albany WRBG No
31. CA Arcata WRB No
32. CA Artesia RB Partial 5/14: E-cigarette retailers.
33. CA Atascadero WRBG No
34. CA Barstow RB No
35. CA Belmont WRBG No
36. CA Belvedere WRB No
37. CA Benicia WRB No
38. CA Berkeley WRBG No
39. CA Beverly Hills WRBG No
40. CA Blue Lake WRB No
41. CA Brisbane RB No
42. CA Butte County WRB No
43. CA Calabasas WRBG No
44. CA Campbell RBG No
45. CA Capitola WG No
46. CA Carlsbad RBG No
47. CA Chico WRB No
48. CA Citrus Heights WRBG No
49. CA Claremont RB No
50. CA Clayton WRBG No
51. CA Clearlake WRB No
52. CA Cloverdale WRB No
53. CA Concord WRBG No
54. CA Contra Costa County WRBG No
55. CA Coronado WRBG No
56. CA Corte Madera WRB No
57. CA Cotati WRBG Partial 12/15: Sampling in retail tobacco stores.
58. CA Cupertino WRB No
59. CA Daly City WRBG No
60. CA Dana Point WRBG No
61. CA Davis WRBG No
62. CA Del Mar WRB No
63. CA Dixon RBG No
64. CA Dublin RB No
Page 7 of 7
State City/County
100% Smokefree Venues in Which
Use of E-cigarettes Prohibited
Use of E-cigarettes
Specifically Permitted
If Partial, Permitted In:
65. CA East Palo Alto RB No
66. CA El Cajon RBG No
67. CA El Cerrito WRBG No
68. CA Emeryville WRB No
69. CA Escondido RB No
70. CA Eureka WRBG No
71. CA Fairfax WRBG No
72. CA Folsom RBG No
73. CA Fort Bragg W No
74. CA Fortuna RB No
75. CA Foster City RB No
76. CA Fremont WRB No
77. CA Garden Grove WRBG No
78. CA Gilroy WRBG No
79. CA Goleta RB No
80. CA Half Moon Bay WRBG No
81. CA Hanford WRBG No
82. CA Hayward RB No
83. CA Healdsburg WRB No
84. CA Hermosa Beach RB No
85. CA Hughson W No
86. CA La Canada Flintridge WRBG Partial 12/15: E-cigarette shops and lounges.
87. CA La Mesa WRBG No
88. CA Laguna Beach WRBG No
89. CA Laguna Hills WRBG No
90. CA Laguna Woods WRB No
91. CA Lake Elsinore WRBG No
92. CA Lemon Grove WRBG No
93. CA Lompoc RB No
94. CA Long Beach WRBG No
95. CA Los Altos WRBG No
96. CA Los Angeles WRBG Partial 3/14: Retail e-cigarette stores and theatrical production sites.
97. CA Los Gatos WRB No
98. CA Madera RBG No
99. CA Mammoth Lakes WRBG No
Page 8 of 8
State City/County
100% Smokefree Venues in Which
Use of E-cigarettes Prohibited
Use of E-cigarettes
Specifically Permitted
If Partial, Permitted In:
100. CA Manhattan Beach WRBG No
101. CA Marin County WRBG Partial 5/12: Individual apartment units in multi-unit residences.
102. CA Mariposa County WRBG No
103. CA Menlo Park RBG No
104. CA Mill Valley WRB No
105. CA Millbrae WRB No
106. CA Milpitas WRBG No
107. CA Mission Viejo WRBG No
108. CA Modesto WRB No
109. CA Mono County WRBG No
110. CA Monterey WRB No
111. CA Moorpark WRB No
112. CA Morgan Hill WRB No
113. CA Morro Bay WRBG No
114. CA Mount Shasta WRBG No
115. CA Mountain View WRBG No
116. CA Murrieta RBG No
117. CA Napa WRBG No
118. CA Novato RB No
119. CA Oroville W No
120. CA Oxnard RB No
121. CA Palo Alto WRBG No
122. CA Paradise WRB No
123. CA Paso Robles WRBG No
124. CA Petaluma W No
125. CA Pico Rivera RBG No
126. CA Pittsburg RBG No
127. CA Pleasant Hill WRBG No
128. CA Pleasanton R No
129. CA Rancho Cordova WRBG No
130. CA Redondo Beach WRBG No
131. CA Richmond WRBG No
132. CA Riverside RB No
133. CA Rohnert Park WRBG No
134. CA Ross WRB No
Page 9 of 9
State City/County
100% Smokefree Venues in Which
Use of E-cigarettes Prohibited
Use of E-cigarettes
Specifically Permitted
If Partial, Permitted In:
135. CA San Anselmo WRB No
136. CA San Bernardino County W No
137. CA San Bruno WRBG No
138. CA San Diego WRBG Partial 10/14: E-cigarette lounges and shops.
139. CA San Diego County RBG No
140. CA San Francisco WR No
141. CA San Leandro WRBG No
142. CA San Luis Obispo WRBG No
143. CA San Luis Obispo County RB No
144. CA San Mateo RB No
145. CA San Mateo County W No
146. CA San Pablo B No
147. CA San Rafael WRB Partial 4/16: Units of duplexes and MUDs.
148. CA San Ramon WRBG No
149. CA Santa Barbara RBG No
150. CA Santa Barbara County W No
151. CA Santa Clara WRB No
152. CA Santa Clara County WRB No
153. CA Santa Clarita WRB No
154. CA Santa Cruz WG No
155. CA Santa Cruz County WRBG No
156. CA Santa Maria RB No
157. CA Santa Rosa WRBG Partial 7/15: Existing retail tobacco stores and new retail tobacco stores that are freestanding.