How old do you have to be to buy a vape?
- The federal Tobacco 21 (T21) Act, effective in 2019, sets the minimum age for purchasing and using tobacco products, including e-cigarettes, at 21 years old.
- There are some exceptions in 2024: Alaska has a minimum vaping age of 19, while Arizona has 18. Explore the detailed regulations on “how old do you have to be to buy a vape” in all 50 states below to vape legally.
How Old Do You Have To Be To Buy Vape In The US?
Congress of the United States passed the federal Tobacco 21 (T21) Act in 2019, which raised the minimum age for legally purchasing tobacco products, including e-cigarettes and their accessories, within the United States to 21. According to this law, all tobacco retailers shall not make deals for tobacco with people under 21 years of age.
However, not all states have aligned their restrictions with federal law. The minimum age to purchase tobacco slightly varies for each state: in twenty-four states, it's 21; in twenty-five states, it's 18; while one state has it at 19. Move into the next section for state-by-state details.
Federal law of the United States sets the legal age to purchase and use vapes as 21
How Old Do You Have To Be To Buy Vape According To State Regulations?
How old do you have to be to buy a vape in Florida? Or, how old do you have to be to buy a vape in Texas? Below is a table detailing the legal vaping age for each state, specific vaping bans, and whether they consider e-cig tobacco products.
Exceptions to the legal vaping age regulations vary by state
| State | Legal Vaping Age | Vaping Bans | Are Vape Pens and E-cigs Considered Tobacco? |
| Alabama | 21 | Licensed emergency medical providers and daycare facility workers during work hours | No |
| Alaska | 19 | Enclosed public spaces and areas near children | No |
| Arizona | 18 | Foster care and around foster children | No |
| Arkansas | 18 | School zones, childcare centers, healthcare facilities, public college campuses, and state park buildings | No |
| California | 21 (21+ for mail order service and 18 if in the active military) |
Youth jails, around minors, and in public zones |
Yes |
| Colorado | 18 |
Around minors or daycare centers, during driving tests, and in assisted living residences |
Yes |
| Connecticut | 18 |
Government, health, and food industries, in motels, around minor facilities |
No |
| Delaware | 18 |
Anywhere that bans smoking |
Yes |
| Florida | 21 | Enclosed indoor spaces (including cars) and vehicles or buildings that provide care to adults or children | No |
| Georgia | 18 | Food service workers, unless in designated smoking areas | No |
| Hawaii | 21 | All parks and the University of Hawaii. ID requirement even if using a mail order delivery service | Yes |
| Idaho | 18 | It is illegal to ship to those under 18 | No |
| Illinois | 21 |
At the Capitol Complex and College Campuses |
No |
| Indiana | 18 |
Age restrictions apply to use. Mail orders must verify legal age |
Yes |
| Iowa | 18 |
State properties, public zones, the University of Iowa campus, and around foster children |
No |
| Kansas | 18 |
Juvenile corrections facilities and juvenile jails |
No |
| Kentucky | 18 | Property owned by the state Executive branch, healthcare facilities, veterans’ parks, fairgrounds, highway rest areas, quarries, and around children | No |
| Louisiana | 21 (Or 18 if living with a parent or for use in a private residence) | School properties | No |
| Maine | 21 | Anywhere that bans smoking and the Wells Reserve (except designated areas) | Yes |
| Maryland | 21 (18 for active military) | Not available | No |
| Massachusetts | 21 | Anywhere (except designated areas) and children's camps. | Yes |
| Michigan | 21 | Most of the public zones | No |
| Minnesota | 18 | Government buildings, child and healthcare businesses, Minnesota State Colleges and Universities, licensed medical facilities, and during working hours at salons | Yes |
| Mississippi | 18 | Not available | No |
| Missouri | 18 | Not available | No |
| Montana | 18 | Not available | No |
| Nebraska | 18 | Public places and employment places | No |
| Nevada | 21 | Piercing salons | No |
| New Hampshire | 18 | Places where smoking is prohibited and public educational buildings | No |
| New Jersey | 21 | Anywhere smoking is prohibited, children’s group homes, and the International Airport (except in designated areas) | Yes |
| New Mexico | 21 | Anywhere smoking is prohibited | Yes |
| North Carolina | 18 | Childcare centers, childcare homes, jails, school properties, and school events | Yes |
| North Dakota | 18 | Anywhere smoking is banned | No |
| New York | 18 | Anywhere smoking is banned | No |
| Ohio | 18 (younger age permitted if bought with a parent) | Capitol buildings, body art and tattoo procedure or equipment sterilization rooms, the University of Cincinnati campus, and various other campuses as per policy | No |
| Oklahoma | 21 | Treatment facilities for drug addiction, mental illness, or other addictive disorders such as gambling | No |
| Oregon | 21 | Anywhere smoking is banned. | No |
| Pennsylvania | 21 (18 for active military personnel or honorably discharged veterans) | Anywhere smoking is forbidden | Yes |
| Rhode Island | 21 | Anywhere smoking is banned, correctional facilities, including vehicles and properties | Yes |
| South Carolina | 18 | Ambulances | No |
| South Dakota | 21 | Anywhere smoking is banned and in correctional facilities (including use by employees, in vehicles, or on the grounds) | Yes |
| Tennessee | 21 | Childcare centers, community centers, group care homes, healthcare facilities, museums, schools (adult staff may use outdoors when over 100 feet of the entrance), residential treatment facilities, zoos, and any school grounds | Yes |
| Texas | 18 (Younger age permitted with a parent, guardian, or over 18 spouse) | At school-related activities, Department of Criminal Justice facilities, and all child care centers or child busses (except in designated areas) | No |
| Utah | 21 | Anywhere smoking is banned (including vehicles) | Yes |
| Vermont | 21 | Anywhere smoking is prohibited, including vehicles with occupants under 18 years old, childcare centers, after-school activities, and public school grounds or events | Yes |
| Virginia | 21 (or 18 if in the military) | Buses, school properties, and school activities | No |
| Wyoming | 21 | Around children in childcare facilities | Yes (Considered a "nicotine product") |
| Wisconsin | 18 | Main stage and indoor buildings of the State Fair Park | No |
| West Virginia | 18 | Anywhere smoking is prohibited, including on government vehicles, schools, and grounds, except in areas not used for educational purposes and where students are absent. | Yes |
| Washington State | 21 | Childcare facilities, playgrounds, schools, colleges and universities, state-run veterans homes, and anywhere smoking is prohibited. | No |
Frequently Asked Questions
1. How to buy vape underage?
- A common way to purchase a vape underage, such as if you’re under 21, is to buy it online in states where the minimum age is lower, like 18 in Arizona. Offline, some individuals might use a fake ID or have an adult purchase it.
- However, it is not recommended to attempt to buy a vape while underage. Most online stores, like Black Coral onlinevapeshop.us, have age verification systems that require visitors to be 21 or older. Although it's possible to lie about your age, these age gates indicate that the store adheres to the legal requirement of selling only to those who reach the minimum age.
2. Can I buy zero-nicotine vape underage?
- No. Zero-nicotine vapes are also classified as tobacco products.
3. How old can I be to sell vape?
- FDA regulations (see page 14) do not place a minimum age for selling vapes directly. However, to operate a facility where individuals under 18 are not allowed to use vending machines or self-service displays, all salespersons must be at least 18 years old.
- Additionally, some state or local laws may set a minimum age for salespersons handling tobacco products. It is advisable to check with local authorities to see if there are specific age requirements for vape salespersons in your area.
4. What are the dangers of vaping for teenagers?
- Toxic ingredients found in e-cigarettes and vapes, such as lead and formaldehyde, pose a risk to adolescents in terms of disrupting brain development, increasing the rate of cancer, and leading to high blood pressure and an increased heart rate. It is also the reason for more significant irritability, mood interference, and future lung diseases and breathing problems.
5. How old do you have to be to buy a vape in California?
- You must be at least 21 or 18 in active military service.