What is the Legal Age to Vape and How Does it Vary by State?

The legal age to purchase and use vaping products in the United States is 21 years old. This is due to the Tobacco 21 or T21 law that went into effect in December 2019, which raised the minimum age to purchase tobacco products, including e-cigarettes and vaping devices, from 18 to 21. 

However, some states had already implemented a higher minimum vaping age prior to the federal law. The legal vaping age varies in the following states:

StateLegal Vaping Age
New Hampshire21
New Jersey21
New Mexico21
New York21
North Carolina21
North Dakota21
Rhode Island21
South Carolina21
South Dakota21
West Virginia21

What are the Penalties for Underage Vaping?

Underage vaping by minors is illegal and carries legal consequences in most states. Penalties for underage vaping depend on state laws, but commonly include:

  • Fines – Most states impose fines on minors caught vaping or in possession of vaping products. Fines range from $25 up to $500 in some states. 
  • Community service – Judges may sentence underage violators to perform community service hours.
  • Drug counseling or classes – Minors may be required to attend drug education or cessation classes.
  • Suspension of driving privileges – Several states allow suspension of driving licenses for underage vaping offenses.
  • Vaping device confiscation – Police can confiscate vaping devices from minors during violations.

Adults who knowingly provide or sell vaping products to minors can face larger fines up to $1000 or even criminal charges like contributing to the delinquency of a minor. Some states prohibit the possession of vaping products by minors even if they were not obtained illegally.

How Does Tobacco 21 Affect Vaping Laws?

The federal Tobacco 21 law or T21, enacted in December 2019, mandates the minimum legal age to purchase tobacco products to 21. This law affects vaping as it applies to the sale of e-cigarettes and vaping devices.

Some key effects of Tobacco 21 on vaping include:

  • Established 21 as the minimum vaping age nationwide. Prior to this law, several states still had lower minimum ages for vaping.
  • Regulates online and retail sales of vaping products to those under 21. Websites must verify age before purchase. 
  • Prohibits the possession of vaping products by minors under the age of 21. 
  • Enables states to enforce Tobacco 21 laws using funds from grants.
  • Does not penalize underage youth for possession but punishes retailers for unlawful sales.

Overall, Tobacco 21 creates a uniform minimum vaping age across the country and makes it illegal to sell or provide vaping products to those under 21.

What are the Health Risks Associated with Vaping?

Vaping poses both short-term and long-term health risks, though these risks are believed to be lower compared to traditional tobacco cigarettes according to some studies. Potential health effects include:

Short-term effects:

  • Lung irritation and breathing issues like coughing.
  • Mouth and throat irritation. 
  • Nausea and vomiting.
  • Elevated heart rate and blood pressure.

Long-term effects:

  • Lung damage and increased risk of lung disorders.
  • Chronic cough and shortness of breath.
  • Oral health issues like gum disease. 
  • Exposure to toxic chemicals, heavy metals, and particle matter.
  • Addiction to nicotine.

The long-term effects of vaping are not fully known yet. More research is needed to understand the impacts of prolonged vaping, especially among youth. But emerging evidence suggests vaping is not harmless and can negatively impact health.

Can Vaping Help in Quitting Smoking and How to Choose a Safe Product?

Some studies indicate vaping can be moderately effective in helping traditional smokers quit when used as a complete substitute and with proper guidance. However, vaping is not approved as a smoking cessation method by the FDA. Tips for using vaping to quit smoking include:

  • Work with your doctor on a quit plan using vaping.
  • Choose regulated nicotine vaping products. Avoid uncontrolled or black market products. 
  • Start with higher nicotine e-liquid then gradually reduce the nicotine strength over time.
  • Choose vaping devices that allow you to control the voltage and temperature. 
  • Opt for simpler devices that minimize vapor production and only use high-VG e-liquids.
  • Drink lots of water to stay hydrated and use a humidifier if experiencing airway dryness.

If you do not smoke traditional cigarettes, health experts recommend avoiding vaping and e-cigarettes entirely. Vaping is unsafe for youth and nonsmokers.

How Can Parents Prevent Their Children from Vaping?

Parents play a key role in vaping prevention among youth. Strategies parents can use include:

  • Have clear conversations about the health risks of vaping. Avoid scare tactics.
  • Establish clear rules against vaping at home.
  • Monitor your child’s spending habits to spot vaping purchases. 
  • Get to know your child’s friends and speak with their parents about enforcement.
  • Use parental control apps to limit access to websites that sell vaping products.
  • Alert your child’s school about vaping prevention education opportunities.
  • Support school and community policies that prohibit youth vaping.
  • Be involved and speak out to local, state, and federal leaders in support of youth vaping prevention.

Vaping education is also crucial to dissuade youth vaping before it starts. Parents should educate children from an early age on the dangers of all tobacco products including e-cigarettes.

What are the Different Types of Vaping Products Available?

There are several types of vaping devices and e-liquids available for adult smokers looking for an alternative:

Vape Pens – Smaller devices in the shape of a pen or USB stick. Easy to conceal and carry. Good transition device for new vapers but limited vapor production and battery life.

Pod Vapes – Compact, lightweight devices that use prefilled pods or cartridges instead of tanks. Draw activated so no buttons. Good nicotine delivery for heavier smokers.

Cigalikes – Designed to mimic combustible cigarettes in look and size. Low vapor production and weaker battery performance. 

Mods – Advanced devices that allow customization of power, temperature, and settings. Allow greater vapor production. More complexity to use.

Tanks/RDTAs – Contain e-liquid and a coil for vaporizing. Offer more power and control than pods. Require regular filling and coil changes.

E-Liquid – The nicotine “juice” that is vaporized. Varies in nicotine strength and flavor. Vegetable glycerin (VG) and propylene glycol (PG) carry nicotine and flavor.

There are pros and cons to each vaping device and e-liquid. Adult smokers looking to switch to vaping should research thoroughly to find the right product to meet their needs and preferences. Proper use instructions should be followed.