How Old Do You Have To Be To Buy A Vape: Is Teenage Vaping Legal?
The federal legal age to purchase vapes used to be 18, but it has since been increased to 21. However, it still appears that 18 to 20-year-olds still purchase vapes and use them frequently, even when it’s illegal for them to do so. But then, in some states, 18-year-olds might be allowed to vape legally as there are exceptions to the federal Tobacco 21 Law. Vaping laws vary by state and here, we will share everything you should know about purchasing vapes legally.
What is the Legal Age for Purchasing Vapes in the US?
In December 2019, the Congress passed Tobacco 21 (T21) law, signifying that the minimum legal age for the consumption of e-cigarettes (vapes) has been increased from 18 to 21 years old. This law was passed due to the rising vaping addiction amongst teens in the US. However, in some States, 18-year-olds and 19-year-olds can still purchase vapes.
If you’re aged between 18 and 20, it is important that you know the vaping laws as they apply to your state, or if you move to a new state, ensure to learn about their vaping laws. However, if you’re already 21 years or above, there’s nothing to worry about, you’re legally eligible to purchase and use e-cigs (vapes) regardless of the state you’re in.
What Does State Laws Say?
While the federal law sets the age at 21, individual states can have their own regulations. Most states follow the federal guidelines, but some have additional restrictions. Also, there are some exceptions to the T21 federal law. For example, states like Alaska, California, and some others allow 18-year-olds to buy and use vapes if it’s medically necessary that they do so (probably as part of their Nicotine Replacement Therapy). However, these situations are rare and usually require proper documentation.
How Old Do You Have to Be to Buy a Vape in US States?
|
U.S. State |
Legal Vaping Age |
Considers E-cigs as Tobacco |
|
|
Alabama |
21 |
No |
|
|
Alaska |
19 |
No |
|
|
Arizona |
18 |
No |
|
|
Arkansas |
18 |
No |
|
|
California |
21+, or 18 if in the active military |
Yes |
|
|
Colorado |
18 |
Yes |
|
|
Connecticut |
18 |
No |
|
|
Delaware |
18 |
Yes |
|
|
Florida |
21 |
No |
|
|
Georgia |
18 |
No |
|
|
Hawaii |
21 |
Yes |
|
|
Idaho |
18 |
No |
|
|
Illinois |
21 |
No |
|
|
Indiana |
18 |
Yes |
|
|
Iowa |
18 |
No |
|
|
Kansas |
18 |
No |
|
|
Kentucky |
18 |
No |
|
|
Louisiana |
21 |
No |
|
|
Maine |
21 |
Yes |
|
|
Maryland |
21 |
No |
|
|
Massachusetts |
21 |
Yes |
|
|
Michigan |
21 |
No |
|
|
Minnesota |
18 |
Yes |
|
|
Mississippi |
18 |
No |
|
|
Missouri |
18 |
No |
|
|
Montana |
18 |
No |
|
|
Nebraska |
18 |
No |
|
|
Nevada |
21 |
No |
|
|
New Hampshire |
18 |
No |
|
|
New Jersey |
21 |
Yes |
|
|
New Mexico |
21 |
Yes |
|
|
North Carolina |
18 |
Yes |
|
|
North Dakota |
18 |
No |
|
|
New York |
18 |
No |
|
|
Ohio |
18 |
No |
|
|
Oklahoma |
21 |
No |
|
|
Oregon |
21 |
No |
|
|
Pennsylvania |
21, or 18 if in the military |
Yes |
|
|
Rhode Island |
21 |
Yes |
|
|
South Carolina |
18 |
No |
|
|
South Dakota |
21 |
Yes |
|
|
Tennessee |
21 |
Yes |
|
|
Texas |
18 |
No |
|
|
Utah |
21 |
Yes |
|
|
Vermont |
21 |
No |
|
|
Virginia |
21, or 18 if in the military |
No |
|
|
Wyoming |
21 |
Yes |
|
|
Wisconsin |
18 |
No |
|
|
West Virginia |
18 |
Yes |
|
|
Washington State |
21 |
No |
|
Why are Teens Not Legally Allowed to Vape?
The primary reason for pushing the legal age for purchasing vaping products to 21 is to protect teenagers and much younger adults who still have developing brains. Research has shown that nicotine can be particularly harmful to developing brains, and teens and young adults are more susceptible to nicotine addiction, which could cause them severe health issues.
Thus, by raising the legal age, lawmakers aim to reduce the number of young people who start vaping. The hope is that fewer teenagers will have access to vaping products, ultimately leading to lower rates of nicotine addiction among youth. Of course, there have been debates and clapbacks regarding these vaping laws in different states, but at the moment, 21 years remains the minimum legal age for vaping.
Is Vaping Really Dangerous?
Vaping on its basics is not dangerous, but these vapes contain nicotine, which is a very addictive chemical. Once a vaper gets addicted to nicotine consumption, they may start consuming these vapes in unhealthy numbers weekly, which could expose them to several health conditions including lung damage, nausea, and brain damage.
Also, if a vaper becomes too addicted, the addiction can lead to dependency, making it harder for them to quit later in life. Many adults who smoke or vape start as teenagers, which tells how early exposure can lead to long-term addiction. This effect can have lasting consequences, affecting young people's academic performance and mental health.
What You Need to Know About Buying Vapes
When purchasing a vape, retailers are required to prompt an age-verification page on their website (for online retailers), while local stores are expected to perform a routine age check identification to ensure that their customers are at least 21 years old.
It is important that a vape products store performs these checks to confirm the age of their customers or they would have to pay penalties for ignoring. Also, if you are underage, trying to buy a vape can lead to fines or other legal penalties for both you and the retailer – in some states, the retailer could lose their license to sell tobacco products.
Conclusion
Well, not like there are any serious punishments for underage people who buy vape or e-cig products, but there are fines, which vary based on the state. Regardless, it is advisable that both parents/guardians and retailers ensure that these highly addictive products are not used by, or sold to much younger adults for the greater good.
Frequently Asked Questions
What Are Vaping Alternatives for Young People?
If you’re underage and seeking what you could have as an alternative to vaping, you can consider nicotine replacement products like patches, gum, or lozenges. These products can help you manage cravings without resorting to harmful methods.
What Are the Consequences of Underage Vaping?
The consequences are mainly targeted at sellers who sell vaping products to under 21s. The penalties include sanctions, fines, and potential termination of their license to sell vape/tobacco products. For underage persons who buy these products and use them, the biggest consequence is high exposure to concerning health risks.
What is Considered a Vape Product?
Any product capable of heating up nic-salts or e-liquids to produce nicotine-flavored vapors is considered a vape. Also, vaping products and accessories include the following:
- E-liquids
- Any glass or container for storing e-liquids
- Certain battery types
- Cartridges and pods
- Drip tips or mouthpieces
- Atomizers or coils
- Cartomizers and clearomizers
- Vape Tanks
All these are inclusive of what should not be sold to underage adults in the US.
Can 18-year-olds Vape in Canada?
Canada and most other countries allow 18-year-old adults to buy vaping products and vape legally. However, in countries like Japan and Ethiopia, the legal age is 20. The Philippians are on the same page as the US, placing the legal age at 21.
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