Vaping has continued to increase in popularity over recent years, but the legal picture surrounding vaping remains a hazy one. Both underage users and the retailers who supply them often find themselves surprised by serious legal consequences.

Understanding vaping age requirements isn’t just about staying out of trouble on an individual level. The vaping age requirement is a rapidly evolving one that affects public health and addiction rates as well. Understanding legal vaping age requirements starts with a quick history lesson.

Vaping Regulation: The Basics

Federal Age Requirements

On December 20th of 2019, the President signed into law an amendment to the Federal Food, Drug, and Cosmetic Act that raised the federal minimum age for tobacco product sales from 18 to 21 years.[1] How old do you have to be to vape? Federal law says 21.

Included in the umbrella term “tobacco products” are the following:

• Vape juice, e-liquids, and e-cigarettes
• Vape pens and devices
• Liquid nicotine products
• Electronic nicotine products

There are no exemptions for military service members under the established age minimum.[2] There are no exemptions at all, in fact, from the new federal standard.

State-Level Variations Create Confusion

As it so often happens with tobacco and cannabis products, inconsistent state-level standards have created a web of confusion. The majority of states follow the federally established age minimum of 21 years. Some states allow purchasers to be as young as 18 or 19.[3]

What does this mean, exactly? It means some states haven’t updated their vaping laws to match federal requirements. Other states have deliberately chosen to maintain their own local laws.

North Carolina’s Unique Position

North Carolina is among the few states that have yet to pass a law raising the minimum age to the federal standard.

In North Carolina, 18-year-olds are (technically) legally allowed to purchase tobacco products.[4] However, the federal law technically supersedes this. This means federal law takes precedence whenever there is a conflict between federal and state laws..

As such, retailers throughout North Carolina are still obligated to uphold the federally established legal age minimum, regardless of the state-level legal standard.

Licensing and Retail Requirements

That covers how old you have to be to vape, but how old do you have to be to get a vape? The answer depends on whether or not the retailer in question is maintaining compliance.

Licensed retailers are legally required to verify age by requesting a government-issued photo ID. Everyone who appears to be under the age of 30 needs verification when attempting to purchase vape products.[5]

Many states require special licenses to sell vaping products. Retailers must be trained on proper age verification as part of the licensing requirement. Online sellers need third-party age verification systems in place.

Stiff Penalties, Poor Enforcement

Legal Penalties for Underage Vaping

Increased severity of legal consequences across the country reveals a collective crackdown on underage vaping. In North Carolina, underage vaping is a Class 2 misdemeanor punishable by a fine of up to $1,000 and/or 30 days of community service.[6]

Retailers may be warned on their first offense, but selling to underage customers comes with more severe consequences from that point on, including heavier fines (often exceeding $500) and license suspension.

New Legislation Targets Specific Vape Products

Age isn’t the only factor in play when it comes to the legality of vape products. Recent legislation in North Carolina (Bill 900) has placed a ban on many kinds of disposable vapes.[7] As of the new law, only FDA-approved products can be sold legally.

Enforcement Remains Inconsistent

Despite the clear legal precedent at the federal level, enforcement of vaping age restrictions remains inadequate. Several states still have no licensing requirements in place to sell e-cigarettes over the counter.

This creates vulnerabilities that underage customers can exploit to continue vaping without any legal consequences.

The Reasoning Behind Vaping Age Restrictions

Research continues to point to the dangers of nicotine exposure for younger demographics. According to the National Institute of Mental Health, the brain doesn’t finish developing until the mid to late 20s.[8] Becoming dependent on nicotine before this window closes can cause lasting problems.

In fact, studies show that the vast majority of people addicted to vaping became addicted in their teenage years.[9] The chemicals in vapes can actually alter brain development in ways that create powerful dependencies. Recovery is not only less likely, but also more difficult when the addiction begins during the teen years.

Vending Machines and Online Sales

When it comes to vending machine sales, vape products are regulated by a special set of rules. They can only be sold in vending machines operated in qualified facilities where nobody under the age of 21 is allowed entrance.[10] This disqualifies most convenience stores and gas stations.

Online Sales Complications

The third-party age verification systems that online sellers are required to use aren’t necessarily foolproof. There are still workarounds that underage shoppers can use to gain access to products.

Counterfeit Vapes and Dangerous DIY Solutions

As it happens, with tightly regulated in-demand products, illegal sales networks, counterfeits, and homemade alternatives have surfaced. Unable to access traditional vaping products, underage people turn to these often dangerous alternatives.

Counterfeit or knockoff vapes are among the most prevalent of alternative products accessed by underage people. They lack quality control and safety testing, and may contain heavy metals, harsh chemicals, and unknown adulterants that can pose serious health risks.

DIY vaping solutions are another potentially serious public health concern. Teenagers sometimes attempt to make their own e-liquids using household chemicals. This can cause severe chemical burns, respiratory issues, and poisoning.

In many cases, underage people who may have easier access to traditional tobacco products through a family member or friend will turn to these instead. Cigarettes and cigars exert much the same effect as vapes when it comes to the power of nicotine to affect the developing brain.

Parents and Schools Maneuver to Block Access

Parents don’t always recognize vaping devices or even fully understand the risks associated with vaping. For these reasons, family education is paramount. Modern vapes are unassuming in their appearance, often resembling USB drives.

Schools have also had to pivot in order to address growing concerns surrounding vaping. Standard smoking policies don’t necessarily encompass vaping, leading many districts to create new regulations.

Awareness and education programs are underway, but they often fail to make a meaningful impact. Some suggest that the wrong approach may actually increase a student’s curiosity about vaping.

Looking to the Future: Greater Restrictions Ahead

Barring any unforeseen developments, all signs point to more stringent regulations. Health data continues to paint a sobering picture of the public health impact of underage vaping. More states will likely continue to align their requirements with federal law. Penalties for violations will likely increase.

Banned products may extend beyond the current FDA-focused standards. Flavor bans are already spreading across multiple states, with some legislators pushing for a blanket ban on all flavored products.

The technologies used to track vape sales and compliance will probably improve over time, with the possibility of real-time intervention capability for when underage customers attempt a purchase. As databases of purchase attempts or successful (illicit) purchases populate, offenders may find it harder to purchase again.

Overcome Nicotine In A Healthy Way

If you are struggling with nicotine addiction or substance abuse, you don’t have to struggle alone. Professional rehab services are available. A comprehensive treatment program will address not only the physical aspects of addiction but also the underlying causes for the best outcomes.

No matter how long you’ve been struggling or what substances are involved, there are people going through the same thing. Find the support services you need to overcome your addiction and move on with your life with renewed purpose.