STATE System E-Cigarette Fact Sheet

State Legislative Activity
Enacted as of June 30, 2019

Restrictions on Sales to Minors

  • As of June 30, 2019, 49 states, the District of Columbia, Guam, the Northern Mariana Islands, Palau, Puerto Rico, and the U.S. Virgin Islands have passed legislation prohibiting the sale of e-cigarettes to minors.
  • One state (Pennsylvania), American Samoa and the Marshall Islands do not have any legislation requiring a minimum age restriction on the purchase of e-cigarettes.
  • In Michigan, the minimum age requirement on the purchase of e-cigarettes takes effect on September 2, 2019.

Retail Licensure on E-Cigarettes

  • As of June 30, 2019, 21 states (Alabama, Alaska, Arkansas, California, Connecticut, Hawaii, Indiana, Iowa, Kansas, Louisiana,Maine, Maryland, Minnesota, Montana, Nebraska, Nevada, Pennsylvania, Rhode Island, Utah, Vermont and Washington), the District of Columbia, the Northern Mariana Islands, Palau and the U.S. Virgin Islands have passed legislation that requires a retail license to sell e-cigarettes over-the-counter.
  • In Alabama, the licensure law becomes effective on August 1, 2019.
  • In Nebraska and Nevada the licensure law becomes effective on January 1, 2020.

Smokefree Indoor Air Laws, Including E-Cigarettes

  • As of June 30, 2019, 14 states (California, Colorado, Delaware, Hawaii, Massachusetts, New Jersey, New Mexico, New York, North Dakota, Oregon, Rhode Island, South Dakota, Utah and Vermont) the District of Columbia and Puerto Rico have passed comprehensive smokefree indoor air laws that include e-cigarettes. These laws prohibit smoking and the use of e-cigarettes in indoor areas of private worksites, restaurants, and bars.
  • Effective October 1, 2018, Alaska implemented new legislation prohibiting smoking and the use of e-cigarettes in indoor areas of private worksites, restaurants, and bars. Also included in the legislation is an option for a municipality to opt out of these provisions through a voter referendum. Because municipalities in Alaska are able to exempt themselves from this legislation, it is not considered to be a comprehensive smokefree indoor air policy that includes e-cigarettes.

E-Cigarette Tax

  • As of June 30, 2019, 13 states (California, Delaware, Illinois, Kansas, Louisiana, Minnesota, Nevada, New Mexico, North Carolina, Pennsylvania, Vermont, Washington, and West Virginia), the District of Columbia, Puerto Rico and the U.S. Virgin Islands have passed legislation that requires a tax on e-cigarettes. Seven states (Delaware, Kansas, Louisiana, New Mexico, North Carolina, Washington, and West Virginia) tax e-cigarettes per milliliter of liquid or consumable material. California, Illinois, Minnesota, Nevada, New Mexico, Pennsylvania, the District of Columbia, and the U.S. Virgin Islands tax e-cigarettes on a percentage of a specified cost. Puerto Rico taxes the e-cigarette device themselves if disposable, and the nicotine cartridge per milliliter of consumable liquid.
Glossary Terminology
RESTRICTIONS ON SALES TO MINORS

Minimum Age: Indicates whether a minimum age is required by law before vendors can legally sell e-cigarettes to an individual for personal consumption. In most instances, minors are defined by statute as people younger than 18 years of age, except in 3 states (Alabama, Alaska, and Utah) where they are defined as people younger than 19 years of age and 7 states (Arkansas, California, Hawaii, Massachusetts, Maine, New Jersey and Oregon), and the District of Columbia, Guam and Palau where they are defined as people younger than 21 years of age.

Minimum Age (Years): The minimum age—in years—required by law that an individual must reach before vendors can legally sell e-cigarettes to the individual.

RETAIL LICENSURE ON E-CIGARETTES

License Required: Whether a person engaged in the business of selling e-cigarettes over-the-counter to individual consumers must obtain a license or permit prior to conducting business.

Over-the-Counter: means e-cigarette products are sold in face-to-face transactions directly to an individual consumer.

SMOKEFREE INDOOR AIR POLICIES, INCLUDING E-CIGARETTES

Comprehensive Smokefree Indoor Air Law: CDC defines a state smokefree air law as comprehensive if it prohibits smoking in indoor areas of private worksites, restaurants, and bars.Note: States have passed comprehensive smokefree air laws that include the use of e-cigarettes. These laws prohibit smoking and the use of e-cigarettes in indoor areas of private worksites, restaurants, and bars.

E-CIGARETTE TAX

E-Cigarette Tax: Any excise tax levied on e-cigarettes.

Type of Tax: E-cigarette tax is collected on a percentage on one of three levels—to the manufacturer, to the wholesaler, or to the retailer.

Percent Value: E-cigarette tax collected at the manufacturer, retailer, or wholesale level as a percentage of the product price

Visit OSHData

Access these datasets through the E-Cigarette Report Guide

References

1. Jamal A, Gentzke A, Hu SS, et al. Tobacco Use Among Middle and High School Students — United States, 2011–2016.MMWR Morb Mortal Wkly Rep 2017;66:597–603.

2. Quickstats: Percentage of adults who ever used an e-cigarette and percentage who currently use e-cigarettes, by age: National Health Interview Survey, United States, 2016. MMWR Morb Mortal Wkly Rep 2017.

3. QuickStats: Cigarette Smoking Status Among Current Adult E-cigarette Users, by Age Group — National Health Interview Survey, United States, 2015. MMWR Morb Mortal Wkly Rep 2016;65:1177.

4. US Department of Health and Human Services. E-cigarette use among youth and young adults: a report of the Surgeon General. Atlanta, GA: US Department of Health and Human Services, CDC; The STATE System contains data synthesized 2016.

Disclaimer: The STATE System contains data synthesized from state-level statutory laws. It does not contain state-level regulations; measures implemented by counties, cities, or other localities; opinions of Attorneys General; or relevant case law decisions for tobacco control topics other than preemption; all of which may vary significantly from the laws reported in the database, fact sheets, and publications.