Tuesday, March 22, 2011

E Cigarettes: State Laws & More

What is electronic smoking? Is it legal? Can I vape where others are smoking traditional cigarettes?

These and other similar questions are fielded by us here at LiteCig USA so often that we’ve decided to compile a comprehensive list of laws and information so you can safely use your personal vaporizer and know your rights!

Since smoking e cigs is considered the same as smoking traditional cigarettes here in the U.S, many of the pre-existing smoking regulations still apply. For example, if your city prohibits smoking within 10 feet of a store or restaurant entrance, you must comply even if smoking an electronic cigarette.

No Ban Laws

Some states have no statewide tobacco laws. These states include: Alabama, Alaska, Indiana, Kentucky, Mississippi, Missouri, Oklahoma, South Carolina, Texas, West Virginia, and Wyoming. Generally, it is up to the manager of the facility to post smoking rules and designated areas, however, some counties or cities have specific regional regulations that you must comply with. For example, even though Texas does not have restrictive laws on smoking, Austin (the state’s capital) prohibits smoking within bars and restaurants and requires smokers to be at least 10 feet from any entrance.

Bars/Restaurants Exempt Laws

The following states have statewide laws on smoking; however, smoking is permitted in bars and restaurants: Arkansas, Florida, Louisiana, Nevada, North Dakota, Pennsylvania, and Tennessee. Arkansas has a statewide ban on smoking in all enclosed spaces not including bars. Make sure you are familiar with local laws as individual cities may have their own regulations!

Bars/Restaurants Non-Exempt Laws

Non-exempt laws mean that smoking is prohibited in bars and restaurants – that is, bars and restaurants are not exempt from these laws. States that have these laws include: Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nebraska, New Jersey, New Mexico, New York, Ohio, Oregon, Rhode Island, South Dakota, Utah, Vermont, Washington, and Wisconsin.

The state of Arizona has a statewide ban of smoking in enclosed workplaces and within 20 feet of an entrance of a workplace. This includes bars and restaurants and exempt in private residences, tobacco stores, private clubs and outdoor patios. Be sure to check with the specific city or country in which you are staying as they may have specific local laws surrounding the use of tobacco products!

Although many of these laws have been in effect for quite some time, it is important to stay up-to-date with any changes in the legality of smoking so that you are able to enjoy your electronic cigarette safely and legally. For example, just recently the city of New York changed their regulations to prohibit smoking in public parks, beaches, boardwalks, pedestrian plazas, public pools, and recreation centers. Be knowledgeable of your state’s laws, and if you are traveling with your e-cigarettes be sure to brush up on the local laws of your destination!


  1. The American Association of Public Health Physicians has given some recommendations the states should follow concerning e-cigarettes. They recommend that sales of e-cigarettes for adults is allowed but prohibited for minors.

  2. well some restaurants are quite annoying in other words they promote to ban and disallow smokers even if they use e cigarettes. Which is quite unfair even if it's an environmental kind of smoking.

  3. Cigarette smokers should consider these laws so they can avoid any issues. More and more people are smoking and it's just a good idea to consider these laws.

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  4. Yes ofcours! E cig should also be treated same as regular tobacco cigarettes and any law made for prior should be implied on both.

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