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e Cigarette Legalities

This page is intended to give an idea as to the current state of legislation regarding the purchase and use of e cigarettes and accessories but it is in no way intended to be the definitive statement, there may and will be Bills and laws that are not covered here. Check the laws in your area to ensure you are not breaking them.


April 26, 2013

Bills are currently in effect prohibiting the sale of electronic cigarette and accessories to Minors in Idaho, Kansas, Hawaii and Maryland. We will not in any case sell these products to minors anywhere, they are intended as a quit smoking aid and if you are under legal age you will be one of the 10% who quits cold turkey. Start now and get through the first 3 weeks withdrawal.


Currently Included:

New York City, California, Rhode Island, Maine, Kentucky, 

Minnesota, Oklahoma, Alabama, and Buckhannon, West Virginia.


New York City
Please attend and voice your opposition in a hearing on two ordinances before the New York City Health Committee is scheduled for May 2, 2013 at 1:00 pm at 250 Broadway, Committee Room, 16th Floor in New York City. 
Ordinances to BAN Flavored E-Cigarettes, Define E-Cigarettes as Tobacco Products, Require Tobacco Licensing. 
Ordinance to BAN  Public Display of E-Cigarettes and Smokeless Tobacco.
Ordinance would among other things redefine e cigarettes and related components, parts, and accessories  as "tobacco products" (under New York City Law).
Bill SB 990 will ban the usage of electronic cigarettes everywhere that smoking is currently prohibited. Call, write, email, or fax the members of the Joint Committee on Public Health. 
Rhode Island
Tuesday April 23rd, The House Committe on Finance will discuss HB 5876 this bill is identical to SB602.  Call, write, email, or fax the members of the House Committee on Finance.
Bill SB 602 will seriously restrict online sales of e cigarettes and accessories due to requirements to purchase these products. The Bill specifies that retailers obtain a copy of the buyer's driver's license, obtain a statement from the buyer affirming that they are the person pictured, and delivery of the product would  require a delivery service that checks the ID of the buyer at delivery.
On April 17, 2013, California Bill SB 648 was heard before the the Senate Committee in Sacramento. The Senate Health Committee moved the Bill out of committee by a vote of 6-2 to be heard by the Senate Judiciary Committee on Tuesday, April 30th at 1:30 pm in Room 112.
Testimony in opposition to SB 648 should be submitted or resubmitted to the Judiciary Committee, ronak.daylami@sen.ca.gov. with the subject line "SB 648 Testimony" be sure to include your name and city.
If this bill is passed it will, among other things, permit landlords to ban e-cigarette use in private homes(Section 2) , ban e-cigarette use inside or within 20 feet of any public building or in a vehicle owned by the state. (Section 5),  ban e-cigarette use in hospitals and medical facilities, except in specifically defined rooms where smoking is allowed (Sections 7 and 8).  It will declare that the use of electronic cigarettes “is a hazard to the health of the general public,” and would include e-cigarettes in all future smoking bans passed in California. (Section 14), it will ban e-cigarette use in workplaces. Violations would be punishable by fines of $100, $200, and $500. (Section 15) and it will ban e-cigarette use in railroads and air carriers. (Section 16).
Contact members of the House and your state representative and ask them to vote NO on HB 2097 as it was passed by the Senate unless Senator Johnson's Floor Amendment (#2), is removed or reasonably amended. Remind the Representatives that contents of this amendment were already rejected in the House Health Committee, as SB 802.
On April 9th 2013, the turn out in opposition to bill SB 802, sponsored by Tobacco Company RJ Reynolds. helped defeat the bill 7-3. The bill would have banned sales to minors (less than 18 years of age), established a tax regimen 10% of that already imposed on cigarettes, as well as establishing labeling protocols that may have implications beyond OK borders. It appeared to define all consumers wishing to purchase from out of state as "dealers" requiring a $250 license. It also defines e-cigarettes as tobacco products changing how they would be taxed (inclusion of excise tax).
After the defeat of the proposed bill SB 802, Senator Rob Johnson provided the bill was attached as an amendment to an unrelated bill, HB2097. 
Since August of 2010, e cigarettes with nicotine have had a 70% of the wholesale price tax applied  to them. There are currently four bills pending any of which would increase the tax on e cigarettes to 95% of the wholesale price.
Check CASAA.org and follow their recommendations
Buckhannon, West Virginia
Recently included Electronic Cigarettes and vaping in smoking regulations. 
Please sign the petition to remove this ban.
The FDA is looking to ‘deem’ electronic cigarettes as tobacco products and bring them into their jurisdiction.
By  Mike Wild