Vaping Laws Got You in a Brain Pretzel? Here’s The 411

e-cigarette-regulationWhether you’re puffing away on your favorite vape or thinking about finally making the switch, it’s pretty important to know what’s going on in your neck of the woods so that you never find yourself in a crappy situation that’ll cost you tomorrow’s lunch money.

The reality is that since vaping and e-cigs have become such a “thing” the past few years, eyes have been peeling wide open for all those tobacco bros trying to cash in on the action, and you know as well as I do, that whenever there’s money on the table, the government ain’t too far behind sniffing out that scent.

Throughout the years, government regulation has slowly oozed their slimy little paws through the cracks and has been attempting to clean up (*cough* *cough* eventually tax) certain areas.

A few folks around the wire chimed in and had thoughts like…

ferlerbaum-e-cigarette-tighten

and even…

o-neill-e-cig-generation

Regardless of your stance on vaporizer laws, it’s better to be safe than sorry, so I dug deep into each state’s laws and here’s what I found.

Map of Vaping Laws By State


Vapor Laws
 Green Β – you’re good

 Orange Β – look over your shoulder

 Red Β – stay at home

Here are all the states and their respective laws. I’ll always keep this updated as time goes by.

Vaping Laws By State

Alabama

Click to see laws

State-wide bans – No.

Prohibitions – Not prohibited inside.

Local bans – 10 localities.

Are there any exceptions – Municipalities may enact laws restricting usage in public spaces as far as local governments are concerned.

Recent updates and developments – Not that I’m aware of πŸ™

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Alaska

Click to see laws

State-wide bans – No.

Prohibitions – Not prohibited inside.

Local bans – 2 localities.

Are there any exceptions – Municipalities may enact laws restricting usage in public spaces as far as local governments are concerned.

Recent updates and developments – Not that I’m aware of πŸ™

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Arizona

Click to see laws

State-wide bans – No.

Prohibitions – Not prohibited inside.

Local bans – 2 localities.

Are there any exceptions – Municipalities may enact laws restricting usage in public spaces as far as local governments are concerned.

Recent updates and developments – Arizona is currently working on banning the sales of e-cigs to minors.

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Arkansas

Click to see laws

State-wide bans – No.

Prohibitions – Prohibited on school property.

Local bans – N/A

Are there any exceptions – Municipalities may enact laws restricting usage in public spaces as far as local governments are concerned but none of them have chosen to do so.

Recent updates and developments – Not that I’m aware of πŸ™

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California

Click to see laws

State-wide bans – No.

Prohibitions – Not prohibited inside.

Local bans – 34 localities.

Are there any exceptions – Many municipalities are currently taking action by enacting laws that include e-cigarettes along with the prohibition of smoking traditional cigarettes in public.

Recent updates and developments – Former Governor, Arnold Schwarzenegger denied a bill proposing to regulate the sale of e-cigarettes, stating that adults should be free to use them if they so choose.

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Colorado

Click to see laws

State-wide bans – No.

Prohibitions – Prohibited on school property, both indoors and out.

Local bans – 2 localities.

Are there any exceptions – Municipalities may enact laws restricting usage in public spaces as far as local governments are concerned.

Recent updates and developments – Not that I’m aware of πŸ™

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Connecticut

Click to see laws

State-wide bans – No.

Prohibitions – Not prohibited anywhere at all.

Local bans – N/A

Are there any exceptions – Since local governments are forbidden from regulating traditional smoking more stringently than the state, it is unclear if the same applies to e-cigarettes.

Recent updates and developments – Not that I’m aware of πŸ™

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Delaware

Click to see laws

State-wide bans – No.

Prohibitions – Prohibited in all state workplaces, including all buildings, facilities, indoor and outdoor spaces and surrounding grounds, as well as parking lots and state vehicles operated on state workplace property.

Local bans – N/A

Are there any exceptions – Municipalities may enact laws restricting usage in public spaces as far as local governments are concerned.

Recent updates and developments – Not that I’m aware of πŸ™

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District of Columbia

Click to see laws

State-wide bans – No, but there is a district wide ban.

Prohibitions – Prohibited wherever smoking is banned, which includes bars, restaurants, and other public places.

Local bans – N/A

Are there any exceptions – Exempts outdoor areas, designated hotel/motel rooms, retail tobacco stores, cigar bars, hookah bars, and businesses that can show they receive 10% or more of their annual revenue from tobacco sales, excluding cigarette machines.

Recent updates and developments – Not that I’m aware of πŸ™

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Florida

Click to see laws

State-wide bans – No.

Prohibitions – Not prohibited anywhere inside.

Local bans – 5 localities.

Are there any exceptions – Unlike traditional smoking, municipalities are not prohibited from regulating e-cigarette usage inside more stringently.

Recent updates and developments – Not that I’m aware of πŸ™

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Georgia

Click to see laws

State-wide bans – No.

Prohibitions – Not prohibited anywhere inside.

Local bans – 3 localities.

Are there any exceptions – Municipalities may enact laws restricting usage in public spaces as far as local governments are concerned.

Recent updates and developments – Not that I’m aware of πŸ™

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Hawaii

Click to see laws

State-wide bans – No.

Prohibitions – Prohibited on all Department of Health property except wherever traditional smoking is permitted.

Local bans – N/A

Are there any exceptions – Municipalities may enact laws restricting usage in public spaces as far as local governments are concerned but so far none of them have chosen to do so.

Recent updates and developments – Not that I’m aware of πŸ™

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Idaho

Click to see laws

State-wide bans – No.

Prohibitions – Not prohibited anywhere inside.

Local bans – 1 locality.

Are there any exceptions – Municipalities may enact laws restricting usage in public spaces as far as local governments are concerned.

Recent updates and developments – Not that I’m aware of πŸ™

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Illinois

Click to see laws

State-wide bans – No.

Prohibitions – Generally not prohibited anywhere inside, including even 75% of hotel/motel smoking rooms and hotel/motel lobbies that fall under the state’s smoking regulations.

Local bans – 4 localities.

Are there any exceptions – Municipalities may enact laws restricting usage in public spaces as far as local governments are concerned.

Recent updates and developments – Not that I’m aware of πŸ™

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Indiana

Click to see laws

State-wide bans – No.

Prohibitions – Not prohibited anywhere inside.

Local bans – 1 locality.

Are there any exceptions – Municipalities may enact laws restricting usage in public spaces as far as local governments are concerned.

Recent updates and developments – Not that I’m aware of πŸ™

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Iowa

Click to see laws

State-wide bans – No.

Prohibitions – Not prohibited anywhere at all inside.

Local bans – N/A

Are there any exceptions – Municipalities may enact laws restricting usage in public spaces as far as local governments are concerned.

Recent updates and developments – Linn county does not have specific e-cigarette bans, however the retail sale of them has been restricted to a certain degree. They are considered tobacco products, and in order to sell them in a retail setting, one must have a retail tobacco license.

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Kansas

Click to see laws

State-wide bans – No.

Prohibitions – Prohibited on all Department of Corrections property and grounds, by both employees and inmates, with no exceptions whatsoever.

Local bans – N/A

Are there any exceptions – Municipalities may enact laws restricting their usage in public spaces more stringently than the state, but so far Overland Park is the only city to have done so, banning their use in public and sports arenas, restricting sales to minors, and requiring new stores operate from standalone storefronts.

Recent updates and developments – Not that I’m aware of πŸ™

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Kentucky

Click to see laws

State-wide bans – No.

Prohibitions – Not prohibited anywhere inside.

Local bans – 6 localities.

Are there any exceptions – Municipalities may enact laws restricting usage in public spaces as far as local governments are concerned.

Recent updates and developments – Not that I’m aware of πŸ™

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Louisiana

Click to see laws

State-wide bans – No.

Prohibitions – Not prohibited anywhere inside.

Local bans – 4 localities.

Are there any exceptions – Municipalities may enact laws restricting usage in public spaces as far as local governments are concerned.

Recent updates and developments – Not that I’m aware of πŸ™

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Maine

Click to see laws

State-wide bans – No.

Prohibitions – Not prohibited anywhere inside.

Local bans – N/A

Are there any exceptions – Municipalities have thus far not acted on regulating usage of e-cigarettes inside, as local government have also never regulated traditional smoking more strictly than the state due to the law being silent on that.

Recent updates and developments – Not that I’m aware of πŸ™

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Maryland

Click to see laws

State-wide bans – No.

Prohibitions – Usage is generally just prohibited on MARC commuter rail system trains.

Local bans – N/A

Are there any exceptions – Municipalities may enact laws restricting usage in public spaces as far as local governments are concerned but so far none of them have chosen to do so.

Recent updates and developments – Banned sales to minors.

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Massachusetts

Click to see laws

State-wide bans – No.

Prohibitions – Not prohibited anywhere inside.

Local bans – 61 localities.

Are there any exceptions – Many municipalities are currently taking action by enacting laws that include e-cigarettes along with the prohibition of smoking traditional cigarettes in public.

Recent updates and developments – Not that I’m aware of πŸ™

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Michigan

Click to see laws

State-wide bans – No.

Prohibitions – Not prohibited anywhere inside.

Local bans – N/A

Are there any exceptions – Municipalities have thus far not acted on regulating usage of e-cigarettes inside, as local governments have never regulated traditional smoking more strictly than the state due to the law being silent on that.

Recent updates and developments – Not that I’m aware of πŸ™

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Minnesota

Click to see laws

State-wide bans – No.

Prohibitions – State law prohibits e-cigarette use in many public places including hospitals, universities, government buildings, and day care, but its not prohibited everywhere inside.

Local bans – 7 localities.

Are there any exceptions – Municipalities may enact laws restricting usage in public spaces as far as local governments are concerned.

Recent updates and developments – Not that I’m aware of πŸ™

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Mississippi

Click to see laws

State-wide bans – No.

Prohibitions – Not prohibited anywhere inside.

Local bans – 35 localities.

Are there any exceptions – Municipalities may enact laws restricting usage in public spaces as far as local governments are concerned.

Recent updates and developments – Not that I’m aware of πŸ™

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Missouri

Click to see laws

State-wide bans – No.

Prohibitions – Not prohibited anywhere inside.

Local bans – 4 localities.

Are there any exceptions – Municipalities may enact laws restricting usage in public spaces as far as local governments are concerned.

Recent updates and developments – Not that I’m aware of πŸ™

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Montana

Click to see laws

State-wide bans – No.

Prohibitions – Not prohibited anywhere inside at all.

Local bans – N/A

Are there any exceptions – Since local governments are forbidden from regulating traditional smoking more stringently than the state, it is unclear if the same applies to e-cigarettes.

Recent updates and developments – Not that I’m aware of πŸ™

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Nebraska

Click to see laws

State-wide bans – No.

Prohibitions – Not prohibited anywhere inside at all.

Local bans – N/A

Are there any exceptions – Municipalities may enact laws restricting usage in public spaces as far as local government are concerned but none of them have chosen to do so.

Recent updates and developments – Not that I’m aware of πŸ™

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Nevada

Click to see laws

State-wide bans – No.

Prohibitions – Not prohibited anywhere inside.

Local bans – N/A

Are there any exceptions – Localities may regulate usage more stringently but so far none of them have chosen to do so.

Recent updates and developments – Not that I’m aware of πŸ™

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New Hampshire

Click to see laws

State-wide bans – No.

Prohibitions – Prohibited on public educational facilities and on grounds thereof.

Local bans – N/A

Are there any exceptions – Since local governments are forbidden from regulating traditional smoking more stringently than the state, it is unclear if the same applies to e-cigarettes.

Recent updates and developments – As of July 2010, e-cigarette sales to minors in New Hampshire became illegal.

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New Jersey

Click to see laws

State-wide bans – Yes.

Prohibitions – N/A

Local bans – N/A

Are there any exceptions – The Act exempts city parks, beaches, cigar bars, tobacco retail stores, tobacco manufacturing facilities, private residences and private automobiles, off-track betting parlors, and designated hotel/motel smoking rooms. Local governments may regulate e-cigarettes more stringently than the Act. Violating the Act can result in a fine of between $250 and $1,000, depending how many violations one has incurred within a year.

Recent updates and developments – New Jersey has voted to have e-cigarettes put into the same category as tobacco cigarettes, and the same restrictions apply to them both under the New Jersey Smoke Free Air Act.

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New Mexico

Click to see laws

State-wide bans – No.

Prohibitions – Not prohibited anywhere at all inside.

Local bans – 1 locality.

Are there any exceptions – Municipalities may enact laws restricting usage in public spaces as far as local governments are concerned.

Recent updates and developments – Not that I’m aware of πŸ™

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New York

Click to see laws

State-wide bans – No.

Prohibitions – Prohibited within 100 feet of a public or private school entrance.

Local bans – 5 localities.

Are there any exceptions – Municipalities may enact laws restricting usage in public spaces as far as local governments are concerned.

Recent updates and developments – Banned the sale of e-cigarettes on January 1, 2013. As of September 2012, New York also banned the use of e-cigarettes within 100 feet of the entrance to any public or private school. They are also considering banning the sale of flavored e-cigs/e-liquids. Speak your mind here.

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North Carolina

Click to see laws

State-wide bans – No.

Prohibitions – Not prohibited anywhere inside.

Local bans – N/A

Are there any exceptions – It is unclear if local governments can regulate e-cigarettes indoors, since they are prohibited from doing so with traditional cigarettes.

Recent updates and developments – Not that I’m aware of πŸ™

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North Dakota

Click to see laws

State-wide bans – Yes.

Prohibitions – N/A

Local bans – N/A

Are there any exceptions – The ban exempts only:

  • Private residences except when operating as a childcare or adult day care facility.
  • Outdoor areas except within 20 feet of the entrance to a public place or place of employment.
  • Businesses not open to the public with no employees besides the owner.
  • American Indian religious and cultural rituals.

Local governments may regulate vaping more stringently than the state.

Recent updates and developments – Not that I’m aware of πŸ™

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Ohio

Click to see laws

State-wide bans – No.

Prohibitions – Not prohibited anywhere inside.

Local bans – N/A

Are there any exceptions – Municipalities may enact laws restricting usage in public spaces as far as local governments are concerned, but none of them have chosen to do so.

Recent updates and developments – Not that I’m aware of πŸ™

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Oklahoma

Click to see laws

State-wide bans – No.

Prohibitions – prohibited in all Department of Corrections facilities, including vehicles.

Local bans – N/A

Are there any exceptions – Alongside traditional cigarettes, municipalities are also forbidden from enacting e-cigarette laws stricter than the state law.

Recent updates and developments – Not that I’m aware of πŸ™

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Oregon

Click to see laws

State-wide bans – No.

Prohibitions – State agency employees are prohibited from using tobacco products, including e-cigarettes, in state agency buildings and on state agency grounds adjacent to buildings.

Local bans – 2 localities.

Are there any exceptions – All other indoor places, including bars and restaurants, are not included in the state’s e-cigarette regulations.

Recent updates and developments – Following an incident of e-cigarette smoking on board a Continental Airlines (now United Airlines) flight in Oregon in February 2012, the company now has a policy ban on them. However, the Federal Aviation Administration had not ruled on E-cigarette use on airplanes at the time of the incident, but airlines were and are permitted to establish their own more-restrictive policies on e-cigarette use on planes.

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Pennsylvania

Click to see laws

State-wide bans – No.

Prohibitions – Not prohibited anywhere inside.

Local bans – 1 locality.

Are there any exceptions – It is assumed that local governments except Philadelphia are preempted from regulating e-cigarette usage more stringently than the state.

Recent updates and developments – Not that I’m aware of πŸ™

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Rhode Island

Click to see laws

State-wide bans – No.

Prohibitions – Not prohibited anywhere inside.

Local bans – N/A

Are there any exceptions – Municipalities may enact laws restricting e-cigarette usage inside but so far none of them have chosen to do so.

Recent updates and developments – Not that I’m aware of πŸ™

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South Carolina

Click to see laws

State-wide bans – No.

Prohibitions – Not prohibited anywhere inside.

Local bans – 4 localities.

Are there any exceptions – Municipalities may enact laws restricting usage as far as local governments are concerned.

Recent updates and developments – Not that I’m aware of πŸ™

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South Dakota

Click to see laws

State-wide bans – No.

Prohibitions – Prohibited in Department of Corrections facilities and on grounds thereof, by both employees and inmates.

Local bans – N/A

Are there any exceptions – Municipalities have thus far not acted on regulating usage of e-cigarettes inside, as local government have also never regulated traditional smoking more strictly than the state due to the law being silent on that.

Recent updates and developments – Not that I’m aware of πŸ™

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Tennessee

Click to see laws

State-wide bans – No.

Prohibitions – Not prohibited anywhere inside.

Local bans – N/A

Are there any exceptions – Since local governments are forbidden from regulating traditional smoking more stringently than the state, it is unclear if the same applies to e-cigarettes.

Recent updates and developments – Not that I’m aware of πŸ™

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Texas

Click to see laws

State-wide bans – No.

Prohibitions – Not prohibited anywhere inside.

Local bans – 11 localities.

Are there any exceptions – Municipalities may enact laws restricting usage in public spaces as far as local governments are concerned.

Recent updates and developments – Not that I’m aware of πŸ™

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Utah

Click to see laws

State-wide bans – Yes.

Prohibitions – N/A

Local bans – N/A

Are there any exceptions – Usage of e-cigarettes is prohibited wherever traditional cigarettes are prohibited which includes workplaces, bars, private clubs, & restaurants while exempting:

  • Designated hotel/motel smoking rooms
  • Areas of owner-operated businesses with no employees besides the owner
  • American Indian religious and cultural ceremonies.

Notwithstanding the preemption against political subdivisions modifying the restrictions on indoor smoking or vaping, this Act expressly allows such political subdivisions to regulate “”smoking & vaping in outdoor places of public access which are owned or operated by”” (emphasis added) a political subdivision (specifically including state institutions of public or higher education)

Recent updates and developments – Not that I’m aware of πŸ™

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Vermont

Click to see laws

State-wide bans – No.

Prohibitions – Prohibitions on school grounds and at child care facilities, both indoors and outdoors.

Local bans – N/A

Are there any exceptions – Municipalities may enact laws restricting usage in public spaces as far as local governments are concerned but none of them have chosen to do so.

Recent updates and developments – Not that I’m aware of πŸ™

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Virginia

Click to see laws

State-wide bans – No.

Prohibitions – Not prohibited anywhere inside.

Local bans – N/A

Are there any exceptions – Since local governments are forbidden from regulating traditional smoking more stringently than the state, it is unclear if the same applies to e-cigarettes.

Recent updates and developments – Not that I’m aware of πŸ™

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Washington

Click to see laws

State-wide bans – No.

Prohibitions – Not prohibited anywhere inside or outdoors.

Local bans – 2 localities.

Are there any exceptions – Municipalities may enact laws restricting usage in public spaces as far as local governments are concerned but none of them have chosen to do so.

Recent updates and developments – King County has banned both the use of e-cigarettes in public places as well as the sale to minors.

Pierce County, on the other hand also has banned sales to minors. They do allow e-cigarettes to be used in public areas such as workplaces and bars though.

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West Virginia

Click to see laws

State-wide bans – No.

Prohibitions – Not prohibited anywhere inside.

Local bans – 15 localities.

Are there any exceptions – Municipalities may enact laws restricting usage in public spaces as far as local governments are concerned but none of them have chosen to do so.

Recent updates and developments – Not that I’m aware of πŸ™

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Wisconsin

Click to see laws

State-wide bans – No.

Prohibitions – Not prohibited anywhere inside.

Local bans – 1 locality.

Are there any exceptions – Municipalities may enact laws restricting usage in public spaces as far as local governments are concerned, but none of them have chosen to do so.

Recent updates and developments – Not that I’m aware of πŸ™

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Wyoming

Click to see laws

State-wide bans – No.

Prohibitions – Not prohibited anywhere inside.

Local bans – N/A

Are there any exceptions – Municipalities may enact laws restricting usage in public spaces as far as local governments are concerned but so far none of them have chosen to do so.

Recent updates and developments – Not that I’m aware of πŸ™

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The Bottom Line and What You Can Do

Here’s the thing – you’re always going to find a way to vape regardless of where you live or what silly laws keep on getting passed.

That’s just a straight up fact.

While it sucks that our options for vaping indoors or even in public will most likely continue to get more limited inch by inch, it’s just reality, so no point in crying over spilled milk because it will happen.

But this is why speaking your mind online matters.

Taking actionΒ online by voting against these banning proposals is at least a way of us pushing back and making our voices heard.Β  (I’ll link out to a few sites soon where you’ll be able to cast your vote or send an email to the right folks)

Hopefully knowing some of these vaping laws helps you out though – I did the best I could putting this together, but if for any reason I left anything out or you have an update that I may have skipped over, please let me know in the comments below so we can always keep this puppy updated.

And if you ever get into any trouble, remember – just be smart about it.

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