What are the New Vape Laws in Ohio? Your Guide to Staying Compliant
If you’re a vaper in Ohio, it’s important to stay up-to-date on the latest laws and regulations regarding vaping. In recent years, Ohio has implemented several new laws related to vaping that you should be aware of. These laws cover everything from the age at which you can purchase vaping products to the types of products that are allowed to be sold.
One of the most significant changes to Ohio’s vaping laws is the Tobacco 21 law, which took effect on October 17, 2023. This law raises the legal age to purchase tobacco and vaping products from 18 to 21, making it illegal for anyone under the age of 21 to purchase or possess these products. The law covers a wide range of products, including cigarettes, electronic smoking devices like vapes and e-cigarettes, cigars, pipe tobacco, chewing tobacco, snuff, snus, and dissolvable nicotine products.
In addition to the Tobacco 21 law, Ohio has also implemented other regulations related to vaping. For example, the state has set limits on the amount of vapor that can be sold in liquid or non-liquid form. It’s important to stay informed about these laws and regulations to ensure that you’re in compliance and to avoid any legal issues related to vaping in Ohio.
Understanding Vaping
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If you’re not familiar with vaping, it’s a practice where people inhale and exhale vapor produced by an electronic cigarette or similar device. The vapor typically contains nicotine, but it can also contain other substances like flavorings or chemicals. Vaping has become increasingly popular in recent years, especially among young people.
While some people believe that vaping is a safer alternative to smoking traditional cigarettes, there are still health risks associated with it. Vaping can cause lung damage, heart disease, and other health problems. Additionally, the long-term effects of vaping are not yet fully understood.
If you’re thinking about vaping, it’s important to be aware of the potential risks. It’s also important to understand the laws and regulations surrounding vaping in your state. In Ohio, there are several laws and regulations related to vaping that you should be aware of.
Keep reading to learn more about the new vape laws in Ohio and how they might affect you.
New Ohio Vape Laws Overview
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If you’re a vaper in Ohio, it’s important to stay up-to-date with the latest vape laws. Here’s a quick overview of the new Ohio vape laws that you need to know about:
Tobacco 21 Law
As of October 17, 2023, Ohio has a Tobacco 21 law in effect. This means that you must be at least 21 years old to purchase or possess any tobacco or alternative nicotine products in Ohio. This includes cigarettes, electronic smoking devices, cigars, pipe tobacco, chewing tobacco, snuff, snus, dissolvable nicotine products, and liquids used in electronic smoking devices.
Vapor Volume Regulations
Ohio also has regulations in place for vapor volume. This means that if a vapor product is sold in liquid form, it must contain one-tenth of one milliliter of vapor product. If the vapor product is sold in non-liquid form, it must contain one-tenth of one gram of vapor product. These regulations are outlined in Ohio Rev. Code Ann. § 5743.01 (W) (2023).
Flavor Ban
In June 20, 2023, new legislation in Ohio would have banned the sale of all flavored vaping products (aside from tobacco and menthol) not specifically authorized by the FDA. However, the flavor ban was removed from Ohio Budget Bill.
It’s important to note that the federal government has created two crucial vape laws that every retailer should know. The first was raising the minimum age for buying and possessing vaping products to 21. And the second, the so-called “flavor ban,” which prohibits the sale of flavored closed-end system pods.
Stay informed about Ohio’s vape laws to ensure that you’re following the rules and regulations.
Age Restrictions
If you are under the age of 21, you cannot purchase tobacco products, including e-cigarettes and vaping products, in Ohio. The “Tobacco 21” law went into effect on October 17, 2019, raising the minimum age for purchasing tobacco products from 18 to 21. It is also illegal to give or sell tobacco products to anyone under the age of 21.
The law applies to all tobacco products, including cigarettes, cigars, chewing tobacco, and e-cigarettes. This means that if you are under the age of 21, you cannot purchase any type of tobacco product, regardless of whether it is smoked or not.
Retailers who sell tobacco products to underage individuals can face fines and other penalties. If you are caught purchasing tobacco products underage, you may be fined or required to perform community service.
It is important to note that the “Tobacco 21” law also applies to alternative nicotine products such as e-cigarettes and vaping products. This means that if you are under the age of 21, you cannot purchase or use these products in Ohio.
If you are a retailer who sells tobacco products, it is important to ensure that you are following the law and not selling to underage individuals. By doing so, you can help to prevent underage smoking and vaping and avoid facing penalties for violating the law.
Licensing Requirements
To sell vapor products in Ohio, you must have a license. The Ohio Department of Taxation issues vapor products distributor’s licenses to secondary manufacturers that reconstitute, dilute, or reprocess vapor products to consumers. The department also issues vapor products manufacturer/importer licenses to those who manufacture or import vapor products into Ohio.
If you are a retailer, you do not need a separate license to sell vapor products in Ohio. However, you must comply with the state’s Tobacco 21 law, which prohibits the sale of vapor products to individuals under the age of 21. The law covers electronic smoking devices such as vapes, e-cigarettes, and tanks, as well as cigars, pipe tobacco, chewing tobacco, snuff, snus, dissolvable nicotine products, filters, rolling papers, pipes, blunts, or hemp wraps, and liquids used in electronic smoking devices.
It’s important to note that Ohio law also requires all vapor products sold in the state to be registered with the Ohio Department of Taxation. Additionally, all vapor products must be labeled in accordance with federal regulations, including the warning statement required by the Federal Food, Drug, and Cosmetic Act.
In summary, if you’re looking to sell vapor products in Ohio, you’ll need to obtain the appropriate licenses and comply with the state’s Tobacco 21 law. Make sure to register your products with the Ohio Department of Taxation and label them correctly according to federal regulations.
Taxation Policies
When it comes to taxing vapor products, Ohio has some specific regulations in place. According to the Ohio Revised Code Ann. §§ 5743.51 (A) (4), 5743.62 (A) (4), 5743.63 (2023), vapor products are taxed at a rate of $0.01 per vapor volume. This means that if you purchase a vapor product in Ohio, you will be charged an extra penny per each unit of vapor volume.
In addition to the tax rate, there are also regulations in place for e-cigarette packaging. Alternative nicotine products must be sold in the same minimum quantities as the manufacturer’s container, according to Ohio Revised Code Ann. § 2927.02 (B) (5) (2023). This means that vendors cannot sell smaller quantities than what is provided by the manufacturer.
It is worth noting that the first draft of President Biden’s Build Back Better Act of 2021 included a new tax on nicotine for use in vaping products, but it was struck from the final version of the Inflation Reduction Act of 2022, according to Avalara.
As of mid-October 2023, a new tax will go into effect on all vape oils, according to WFMJ. It is unclear what the tax rate will be, but it is important to keep this in mind if you are planning on purchasing vape oil in Ohio.
If you are a vendor of vapor products, there are certain requirements you must adhere to. For example, you must indicate to your customers that the tax has been paid, according to the Ohio Department of Natural Resources. Additionally, there are requirements for out-of-state sellers of vapor products, and you must file a return and pay the tax, according to the same source.
Vaping in Public Places
If you’re a vaper in Ohio, you should be aware of the state’s laws regarding vaping in public places. As of July 14th, 2023, it is illegal to vape in any public indoor space in Ohio. This includes restaurants, bars, workplaces, and other public areas.
The law was put in place to protect non-smokers from exposure to secondhand vapor and to create a healthier environment for all Ohioans. Violators of the law can face fines and other penalties.
However, there are some exceptions to the law. Vaping is still allowed in private residences and in outdoor public spaces, such as parks and sidewalks. Some businesses may also allow vaping on their premises, but only if they have a designated vaping area that is separate from non-smoking areas.
It’s important to note that the law does not apply to traditional tobacco products, such as cigarettes and cigars. However, many public places in Ohio already have smoking bans in place, so it’s always a good idea to check the rules before lighting up.
Overall, if you’re a vaper in Ohio, it’s important to be aware of the state’s laws regarding vaping in public places. By following the rules, you can help create a healthier environment for everyone.
Online Sales and Shipping
If you’re planning to sell vape products online in Ohio, there are a few regulations you need to be aware of. The Preventing Online Sales of E-Cigarettes to Children Act, which became law in December 2020, requires online sellers of vaping products to comply with several rules:
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Age Verification: Before selling any vaping products, you must verify the buyer’s age using a reliable method, such as a government-issued ID.
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Shipping Restrictions: You can’t ship vaping products to anyone under the age of 21, and you must use a shipping carrier that verifies the recipient’s age upon delivery.
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Reporting Requirements: You must report any sales of vaping products to the Ohio Department of Taxation and pay the applicable taxes.
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Labeling Requirements: All vaping products must be labeled with a warning that they contain nicotine, which is a highly addictive substance.
It’s important to note that these regulations apply to all vaping products, including e-cigarettes, vapes, and flavored and smokeless tobacco. If you violate any of these rules, you could face fines and other penalties.
To comply with these regulations, many online sellers use age verification software that integrates with their website. This software can check the buyer’s age against public records and other databases to ensure that they are of legal age to purchase vaping products. Additionally, many shipping carriers offer age verification services that can help you comply with the shipping restrictions.
By following these regulations, you can ensure that you’re selling vaping products legally and responsibly in Ohio.
Penalties for Non-Compliance
If you are caught violating Ohio’s vape laws, you could face penalties and fines. Here are some of the consequences you could face for non-compliance:
- Retailers: Retailers who sell or distribute vaping products to minors could face fines of up to $2,500 per violation. Repeat offenders could lose their license to sell tobacco and vaping products altogether.
- Individuals: If you are under 21 and caught using or possessing vaping products, you could be subject to a $100 fine for the first offense and up to $500 for subsequent offenses. If you are caught buying vaping products for someone under 21, you could face a fine of up to $1,000 and up to six months in jail.
- Online Sellers: The Preventing Online Sales of E-Cigarettes to Children Act (PACT) requires online sellers to verify the age of their customers before selling vaping products. Failure to comply with this law could result in fines of up to $10,000 per violation.
It is important to note that these penalties are in addition to any civil liability that may arise from selling or distributing vaping products to minors. So, it is crucial for retailers and individuals to comply with Ohio’s vape laws to avoid any legal consequences.
Remember, the goal of these laws is to protect the health and well-being of Ohio’s youth. By following the rules and regulations, you can help ensure that vaping products stay out of the hands of minors and keep our communities safe.
Impact on Vape Shops
The new vape laws in Ohio have a significant impact on vape shops throughout the state. These laws, which took effect on June 20, 2023, ban the sale of all flavored vaping products (aside from tobacco and menthol) not specifically authorized by the FDA. This means that vape shops can no longer sell flavored e-liquids or disposable vapes that are not FDA-approved.
This ban on flavored vaping products is a significant blow to vape shops, as flavored e-liquids and disposable vapes are some of the most popular products among consumers. Many vape shops rely on these products for a large portion of their revenue, and the ban could force some shops to close their doors.
In addition to the ban on flavored vaping products, the new laws in Ohio also prohibit the sale of nicotine and vapor products in pharmacies. This means that vape shops can no longer sell their products in pharmacies, which could limit their reach and impact their sales.
Overall, the new vape laws in Ohio are likely to have a significant impact on vape shops throughout the state. Vape shop owners will need to adapt to these new laws and find new ways to reach consumers and generate revenue.
Public Reaction
The new vape laws in Ohio have caused a mixed reaction among the public. While some people believe that the laws will help reduce the number of young people who start vaping, others feel that the laws are too restrictive and will hurt businesses that sell vaping products.
Many people who support the new laws believe that they will help reduce the number of young people who start vaping. According to the Ohio Department of Health, more than one in four high school students in Ohio use e-cigarettes. Supporters of the new laws believe that by banning flavored vaping products, the laws will make vaping less appealing to young people.
On the other hand, some people feel that the new laws are too restrictive and will hurt businesses that sell vaping products. Vape shop owners have expressed concern that the new laws will force them to shut down their businesses. They argue that the laws will hurt their sales and make it difficult for them to compete with online retailers who are not subject to the same restrictions.
Overall, the public reaction to the new vape laws in Ohio is mixed. While some people believe that the laws are necessary to protect young people from the dangers of vaping, others feel that the laws are too restrictive and will hurt businesses that sell vaping products.