Teen vape laws in DC, Maryland and Virginia are designed to limit young people’s access to e-cigarettes and other tobacco products. While federal law prohibits the sale of vaping products to anyone under 21, each jurisdiction has additional rules covering flavored products, retailer licensing, age verification and sales near schools. Understanding these laws can help parents protect their children and recognize when violations occur.
Teen Vape Laws Key Takeaways
- The bigger picture: National law bans the sale of tobacco products, including e-cigarettes and vape products, to anyone under 21.
- The details: D.C., Maryland, and Virginia have laws further limiting the sale of e-cigarettes such as banning the sale near schools or in vending machines.
- The more you know: Understanding e-cigarette laws in your area can help you protect your child and find recourse when those laws are violated.
As e-cigarettes and vape products become more common in schools and among young people, many parents feel anxious about what their children are exposed to. For parents of young adults over 18, it may feel as though there is nothing to stop them from obtaining these products. However, there are several laws restricting the sale and marketing of e-cigarettes to minors which may offer parents an avenue to stop exposure in its tracks.
D.C.
The minimum age to purchase tobacco products across the country is 21, but enforcement laws differ by state. In D.C., selling e-cigarettes to anyone under 21 may have their tobacco license suspended or revoked. Sellers must also request the ID of anyone who appears under the age of 30, failure to do so may also result in the loss of a tobacco license.
It is also illegal to sell tobacco products within a quarter mile of a middle or high school in the district. Fines range from $25 for an individual found guilty of selling e-cigarettes near a school to $10,00 for a business.
The district instituted other ways to prevent e-cigarette sales to minors, such as banning the sales of tobacco products in vending machines where it is difficult or impossible to verify age.
In 2022, the district also banned the sale of flavored tobacco products. This is part of a larger pattern of jurisdictions restricting flavored products to prevent marketing to minors. According to a study in the Jama medical journal, 81% of youth who use e-cigarettes reported that the first product they used was flavored.
Maryland
Maryland also requires e-cigarette vendors to ask for identification for anyone under 30 to prevent their sale to people under 21 years old. Clerks and cigarette license holders found guilty of selling to those under 21 can face a fine up to $500 for a first offense, $1000 for a second offense in two years, and $3000 for subsequent violations in a two-year period, according to the Maryland Department of Health.
The Maryland Office of the Comptroller announced that retailers had to stop selling flavored e-cigarettes and vape products or risk having their cigarette license revoked.
Maryland also bars the sale of e-cigarettes in vending machines unless the machine is in an area where individuals under 21 are prohibited by law from entering.
Virginia
In Virginia, it is illegal for anyone under 21 to possess e-cigarettes unless they are employed to transport them or are part of a medical study. Like D.C. it is illegal to knowingly sell vape products to people under 21. Violating this law can carry a penalty of $500 for a first offense and $2500 for all subsequent offenses in a three-year period. Committing more than one offense in three years can lead to the suspension or revocation of their tobacco license.
Also similar to D.C., Virginia bans the sale of e-cigarettes in vending machines. Virginia requires companies selling tobacco products online to use an age verification database or for a person over the age of 21 to sign for the product upon delivery.
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