Is Ohio Banning Vapes? Here’s What You Need to Know

If you’re a vaper in Ohio, you may be wondering if your favorite vaping products are becoming illegal. The state of Ohio has recently implemented a new law that raises the minimum age to purchase tobacco and alternative nicotine products from 18 to 21. This law, known as “Tobacco 21,” went into effect on October 17, 2023, and covers a wide range of products, including cigarettes, cigars, chewing tobacco, snuff, and electronic smoking devices such as vapes, e-cigarettes, and tanks.

While the Tobacco 21 law does not make vaping products illegal in Ohio, it does mean that anyone under the age of 21 will no longer be able to purchase them legally. Additionally, the law also makes it illegal for anyone to give or sell these products to someone under the age of 21. This means that if you’re a parent or older sibling who vapes, you can no longer share your vaping products with anyone under the age of 21 without breaking the law. It’s important to note that this law applies to all tobacco and alternative nicotine products, not just vaping products, and failure to comply with the law can result in fines and other legal consequences.

The Current Legal Status of Vapes in Ohio

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If you are a vaper in Ohio, you may be wondering about the current legal status of vapes in the state. As of October 22, 2023, vapes are legal to purchase and use in Ohio. However, there are several regulations in place that affect the sale and use of vapes in the state.

One of the most significant regulations is the statewide flavor ban that was proposed in June 2023. The proposed ban would have prohibited the sale of all flavored vaping products, except for tobacco and menthol flavors, that were not specifically authorized by the FDA. However, the flavor ban was removed from the Ohio budget bill, and as of now, it is not in effect.

Another regulation that affects vapers in Ohio is the sales restriction on alternative nicotine products. Alternative nicotine products are defined as “an electronic smoking device, vapor product, or any other product or device that consists of or contains nicotine that can be ingested into the body by any means, including, but not limited to, chewing, smoking, absorbing, dissolving, or inhaling” (Ohio Rev. Code Ann. § 2927.02 (A) (2) (2023)). This means that the sale of alternative nicotine products is restricted to individuals who are 21 years of age or older.

In addition to these regulations, Ohio also imposes a tax on vapes and other alternative nicotine products. The tax is currently set at 10 cents per milliliter of e-liquid or 10% of the wholesale price of other alternative nicotine products.

Overall, while vapes are legal in Ohio, there are several regulations in place that affect the sale and use of these products. It is important for vapers in Ohio to be aware of these regulations and to stay up-to-date on any changes that may occur in the future.

Recent Legislation on Vaping in Ohio

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If you are a vaper in Ohio, you may be wondering about the current state of vaping laws in the state. In recent years, Ohio has implemented several laws related to vaping, and it is important to stay up to date on these laws to avoid any legal issues.

In 2019, Ohio passed a law that raised the minimum age to purchase tobacco and vaping products from 18 to 21. This law also made it illegal to give these products to anyone under the age of 21. This law, known as the “Tobacco 21” law, went into effect on October 17, 2019, and applies to all tobacco and vaping products, including e-cigarettes.

In 2023, Ohio passed a bill that would have banned local communities from banning flavored tobacco products, including e-cigarettes. However, Governor Mike DeWine vetoed this bill, citing concerns about the health risks associated with flavored tobacco products.

Ohio also has restrictions on where e-cigarettes and other vaping products can be used. In Ohio, it is illegal to use these products in most indoor public places, including bars and restaurants. However, some businesses may allow vaping in designated areas.

It is important to note that Ohio also has restrictions on the sale of e-cigarettes and other vaping products. For example, it is illegal to sell these products to anyone under the age of 21, and retailers must obtain a license to sell these products.

Overall, if you are a vaper in Ohio, it is important to stay up to date on the current laws and regulations related to vaping. By following these laws, you can avoid any legal issues and continue to enjoy vaping in Ohio.

Impact on Vape Shops and Businesses

If a complete flavor ban is implemented in Ohio, it could have a significant impact on vape shops and businesses that sell vaping products. According to an article from Cincinnati.com, vape shop owners warn that a flavor ban would force them to close their businesses. This is because flavored e-liquids are a significant portion of their sales.

Moreover, if Ohio follows the example of other states, it could also impose strict regulations on the sale and marketing of vaping products. For example, Ohio could require that all vaping products be sold in child-resistant packaging or that they be kept behind the counter. These regulations could increase the cost of doing business for vape shops and businesses that sell vaping products.

In addition, Ohio could also impose taxes on vaping products. According to CASAA, Ohio already has a tax on e-cigarettes and vaping products. If the state imposes additional taxes, it could make vaping products more expensive for consumers, which could lead to a decline in sales.

Overall, the impact of a flavor ban and other regulations on vape shops and businesses in Ohio remains to be seen. However, it is clear that these businesses could face significant challenges if such a ban is implemented.

Public Opinion on Vape Legislation

As the debate on vape legislation continues in Ohio, public opinion is divided on the issue. Some people believe that vapes should be banned altogether, while others believe that they should be regulated but not banned completely. Here are some of the arguments on both sides of the debate:

Arguments in Favor of Banning Vapes

• Vaping is harmful to health: Many people believe that vapes are just as harmful as cigarettes and should be banned for the sake of public health. They argue that vapes contain harmful chemicals and can cause lung damage, just like cigarettes.

• Vaping is a gateway to smoking: Some people believe that vapes are a gateway to smoking and can lead young people to start smoking cigarettes. They argue that banning vapes can help prevent young people from getting addicted to nicotine.

• Vaping is a public nuisance: Some people believe that vaping is a public nuisance and should be banned in public places. They argue that the smell of vapes can be annoying and that people should not have to be exposed to it in public spaces.

Arguments Against Banning Vapes

• Vaping is a safer alternative to smoking: Many people believe that vapes are a safer alternative to smoking and can help people quit smoking cigarettes. They argue that banning vapes would prevent people from accessing a tool that can help them quit smoking.

• Vaping is a personal choice: Some people believe that vaping is a personal choice and that people should be allowed to make their own decisions about their health. They argue that banning vapes would be an infringement on personal freedom.

• Vaping is already regulated: Some people believe that vapes are already regulated and that there is no need to ban them completely. They argue that vapes are subject to age restrictions and that there are already laws in place to prevent them from being sold to minors.

Overall, public opinion on vape legislation in Ohio is divided. While some people believe that vapes should be banned completely, others believe that they should be regulated but not banned. The debate is likely to continue as lawmakers and public health officials work to find a solution that balances public health concerns with personal freedom and choice.

Health Concerns Driving Legislation

The health concerns associated with vaping have been the driving force behind the legislation in Ohio. As of October 2023, the use of electronic cigarettes is prohibited in Franklin County Court of Common Pleas, according to the Public Health Law Center [1]. Assisted living providers are also prohibited from using electronic cigarettes while providing care [1].

Ohio has been divided on the issue of flavored tobacco bans, with some cities like Columbus considering restrictions on the sale of all flavored tobacco products [3]. However, Ohio lawmakers have introduced a bill banning the sale of flavored vaping products as concerns grow about the health effects of vaping [5].

The Ohio Health Department has identified 17 cases of vaping-related lung injury in 2023 [5]. The use of electronic cigarettes has also been linked to an increased risk of heart disease and lung cancer, according to the American Heart Association [1].

As a result of these health concerns, Ohio Governor Mike DeWine vetoed legislation that would have blocked cities like Columbus from banning the sale of menthol cigarettes and flavored vapes in January 2023 [2]. This veto has allowed cities to consider restrictions on the sale of flavored tobacco products, including vaping products.

It is clear that the health concerns associated with vaping are driving the legislation in Ohio. As more research is conducted on the long-term health effects of vaping, it is likely that further restrictions will be put in place to protect the health of Ohio residents.

[1] Public Health Law Center – E-Cigarette Regulations – Ohio

[2] AP News – Governor’s veto allows Ohio communities to regulate tobacco

[3] Cincinnati Enquirer – Ohio Republicans divided on flavored tobacco bans

[5] AP News – Ohio lawmaker introduces bill banning flavored vape products

Comparison with Other States’ Laws

If you’re wondering how Ohio’s vape laws compare to other states, here’s a quick overview:

• California: California has some of the strictest vape laws in the country. The state has banned the sale of flavored vaping products, including menthol, and has also banned the sale of vaping products in vending machines and self-service displays.

• New York: New York has also banned the sale of flavored vaping products, with the exception of menthol and tobacco flavors. The state also requires vape shops to obtain a license from the state health department.

• Michigan: Michigan has banned the sale of flavored vaping products, including menthol, and has also banned the use of vitamin E acetate in vaping products.

• Massachusetts: Massachusetts has banned the sale of all flavored vaping products, including menthol and tobacco flavors. The state also requires vape shops to obtain a license from the state health department.

• Ohio: Ohio has not yet banned the sale of flavored vaping products, but it has enacted restrictions on the sale of vaping products to minors. The state also requires vape shops to obtain a license from the state health department.

It’s worth noting that many other states have also enacted restrictions on the sale of vaping products, including age restrictions and licensing requirements for vape shops. If you’re traveling to another state, it’s a good idea to check the local laws before bringing your vaping products with you.

Future Predictions on Vape Laws in Ohio

As of October 2023, vaping is legal in Ohio, but there are a few restrictions in place. The state defines an e-cigarette as a “vapor product,” and it is illegal to sell it to anyone under the age of 21 ¹. Additionally, it is prohibited to vape in any public indoor space, and all vaping products must be sold with child-resistant packaging ².

Looking ahead, it is difficult to predict the future of vape laws in Ohio. However, given the recent trend of stricter regulations on vaping across the United States, it is possible that Ohio may follow suit.

One potential area of future regulation is the flavorings used in vape liquids. Many states have already banned flavored vape products, citing concerns that they appeal to minors ³. Ohio may also consider implementing a similar ban in the future.

Another area of potential regulation is the marketing and advertising of vape products. Some states have taken steps to limit the advertising of vape products, particularly in areas where minors are likely to be exposed ⁴. Ohio may consider implementing similar restrictions in the future.

Overall, it is unclear what the future of vape laws in Ohio will look like. However, it is likely that the state will continue to monitor the situation and take steps to protect public health and safety.

Footnotes

1. Ohio Rev. Code Ann. § 2927.02 (A) (7) (2023) ↩

2. Electronic Cigarette Laws Explained ↩

3. Vape Laws by State 2022: A Guide for Vape Shop Owners ↩

4. Flavored Vape Bans: What You Need to Know ↩