Are Vapes Still Legal in Florida? Here’s What You Need to Know

If you’re a vaper in Florida, you might be wondering if vaping is still legal in the state. The answer is yes, but there have been some changes to the laws regarding vaping in Florida. In early October of 2021, the legal vaping age in Florida was raised from 18 to 21. This means that if you’re under the age of 21, you can no longer purchase or use a vape or any other tobacco product in the state of Florida.

Additionally, there are restrictions on where you can vape in Florida. It is illegal to vape in, on, or within 1000 feet of a school between 6am and midnight. It is also illegal to use electronic cigarettes and nicotine dispensing devices in courthouses of Sixth Judicial Circuit and within 50 feet of entrances thereto. These restrictions are in place to protect the health and safety of students and others who may be affected by secondhand vapor.

Despite these restrictions, vaping is still legal in Florida for those who are over the age of 21. If you’re a vaper, it’s important to be aware of the laws regarding vaping in Florida and to follow them to avoid any legal issues. If you’re unsure about whether or not a particular location is vape-friendly, it’s always a good idea to err on the side of caution and refrain from vaping until you’re in a more appropriate location.

Current Legal Status of Vapes in Florida

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If you’re wondering if vapes are still legal in Florida, the answer is yes, but with some restrictions. Here’s what you need to know:

Age Restrictions

As of October 2021, it is against the law to purchase a vape if you are under the age of 21. This age restriction applies to all kinds of tobacco products, including vapes, cigarettes, and e-cigarettes. If you’re caught selling vapes to someone under the age of 21, you could face a fine or even lose your business license.

Flavor Restrictions

In 2020, Governor Ron DeSantis vetoed a bill that would have banned flavored vaping products in Florida. However, there are still some restrictions on flavors. For example, vaping by persons under 21 years of age is prohibited in, on, or within 1000 feet of a school between 6 AM and midnight.

Courthouses and Entrances

The use of electronic cigarettes and nicotine dispensing devices in courthouses of Sixth Judicial Circuit and within 50 feet of entrances thereto is prohibited.

Federal Law

It’s important to note that federal law had already raised the minimum age for cigarette and e-cigarette sales to 21. A bill sponsored by Sen. Travis Hutson, R-St. Augustine, passed and signed into law by Gov. Ron DeSantis.

Overall, while vapes are still legal in Florida, there are some important restrictions to keep in mind if you’re a vaper or a vape seller. Make sure you’re aware of the laws and regulations in your area to avoid any legal issues.

History of Vaping Legislation in Florida

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If you’re wondering about the current status of vaping in Florida, it’s important to understand the history of vaping legislation in the state. In this section, we’ll take a look at the initial legislation that was put in place and the recent changes that have been made.

Initial Legislation

Florida was one of the first states to pass legislation regulating electronic cigarettes. In 2014, the state passed a law that banned the sale of e-cigarettes to minors under the age of 18. This law also prohibited the use of e-cigarettes in public places, including restaurants and bars.

In 2016, the Florida Supreme Court struck down the ban on e-cigarette use in public places, ruling that it was unconstitutional. However, the ban on sales to minors remained in place.

Recent Changes

In 2021, the state of Florida passed a law that raised the legal age to purchase tobacco and vaping products from 18 to 21. This law also made it illegal for anyone under the age of 21 to possess or use these products.

Additionally, the law prohibits the sale of flavored vaping products, with the exception of menthol and tobacco flavors. The law also requires all retailers to obtain a license to sell tobacco and vaping products.

It’s important to note that while the sale of flavored vaping products is prohibited, the use of these products is not illegal for those over the age of 21. However, the use of e-cigarettes and nicotine dispensing devices is prohibited in courthouses of the Sixth Judicial Circuit and within 50 feet of entrances thereto.

Overall, while vaping is still legal in Florida, there are restrictions in place to regulate its use and sale. It’s important to stay up-to-date on the latest legislation to ensure that you are in compliance with the law.

Implications of Vaping Laws

Impact on Businesses

The vaping laws in Florida have significant implications for businesses that sell vaping products. The state has banned the sale of all vaping products to anyone under the age of 21. This means that businesses must verify the age of their customers before selling them any vaping product. Failure to comply with this regulation can result in hefty fines and even the loss of a business license.

Additionally, Florida has banned the sale of flavored e-cigarettes, except for menthol and tobacco flavors. This ban can impact businesses that rely on flavored e-cigarettes as a significant portion of their revenue. Vape shops and other businesses may have to adjust their product offerings and marketing strategies to comply with this regulation.

Effect on Consumers

Consumers in Florida who vape also face significant implications due to the state’s vaping laws. The age restriction means that anyone under 21 cannot purchase vaping products. Additionally, the ban on flavored e-cigarettes can limit the options available to consumers who prefer flavored vaping products.

However, the laws are in place to protect public health, especially youth, from the harmful effects of vaping. Studies have shown that flavored e-cigarettes are particularly appealing to youth, and the nicotine in vaping products can have harmful effects on adolescent brain development. By restricting the sale of vaping products to minors and banning flavored e-cigarettes, Florida is taking steps to protect its citizens’ health.

Overall, the vaping laws in Florida have significant implications for both businesses and consumers. While they may limit options for some consumers and require businesses to adjust their strategies, they are in place to protect public health and prevent the harmful effects of vaping.

Comparative Analysis

Florida Vs Other States

When it comes to vaping regulations, Florida is among the states that have implemented strict laws to curb the use of e-cigarettes. The state prohibits the use of vapor-generating electronic devices in enclosed indoor workplaces, except private residences when not in use as child, adult or health care facilities, with some exceptions [1].

Some states have no regulations, while others ban vapes completely [3]. For instance, in California, vaping is banned in all workplaces, restaurants, and bars, and on school grounds [3]. In New York, the use of e-cigarettes is strictly prohibited in all indoor areas where cigarette smoking is banned [3].

Federal Vs State Laws

The federal government has also implemented regulations on vaping. The Tobacco Control Act of 2009 gave the Food and Drug Administration (FDA) the authority to regulate tobacco products, including e-cigarettes [3].

In May 2016, the FDA issued a rule that extended its regulatory authority to all tobacco products, including e-cigarettes. The rule requires manufacturers of e-cigarettes to register with the FDA, list their products’ ingredients, and obtain FDA approval before marketing their products [3].

However, the FDA’s authority over e-cigarettes has been challenged in court, and the agency has delayed implementing some of its regulations [3].

In summary, while Florida has implemented strict regulations on vaping, other states have varying degrees of regulations, and the federal government has also implemented regulations on e-cigarettes.