How Old Do You Have to Be to Vape? 2025 State Guide

Vaping has become a popular activity for many adults, but as with other age-restricted products, there are strict rules regarding the legal age to purchase and use vaping devices. 

The minimum age to vape in the U.S. has undergone changes over the years, and understanding the laws can be confusing, especially when it varies from state to state. In this guide, we’ll break down the legal vaping age in the U.S., state-specific regulations, and any exceptions to the rule.

What is the legal vaping age in the US?

As of 2025, the legal age to purchase and use vaping products, including e-cigarettes and vape pens, is 21 years old across the United States. This nationwide law was implemented by the Family Smoking Prevention and Tobacco Control Act, which raised the federal minimum age for buying tobacco products, including vapes, from 18 to 21 in December 2019. This law applies to both nicotine and nicotine-free vaping products.

However, it’s important to note that individual states may impose additional regulations or exceptions, which we will cover in the following sections.

Legal vaping age by state

While the federal law mandates that you must be 21 to purchase or use vaping products, some states or localities have specific rules that vary. Here’s a general overview of the legal vaping age by state:

• California: 21, with additional local ordinances that may impose stricter regulations in certain cities.

• Texas: 21, in line with federal law.

• Florida: 21, effective since 2020.

• New York: 21, following state-level legislation.

• Washington: 21, also following the national law.

Some states, especially those with local jurisdiction over certain cities, may have enacted additional restrictions regarding where vapes can be purchased, consumed, or sold. 

Be sure to check your local government’s website to ensure compliance with your state’s specific laws.

Are there any exceptions to the minimum vaping age?

In general, there are no exceptions to the minimum age requirement of 21 in most parts of the U.S. However, a few nuances exist in some areas:

• Active Duty Military Members: In some states, active military members may be permitted to purchase and use vaping products under the age of 21. This is a case-by-case basis, and the individual must show proof of service.

• Parental Consent: While it is uncommon, certain local jurisdictions may allow those under 21 to vape with parental consent or in specific circumstances. These laws are not widely applied, and they vary by state.

It’s essential to consult your state’s local laws and ordinances to understand any specific exceptions.

What happens if you vape underage?

Vaping underage is a serious offense, with consequences that vary depending on the location:

1. Fines: Underage individuals caught vaping can face fines ranging from $50 to $200, depending on the state or locality. Some states impose hefty penalties for underage possession or use of vaping products.

2. Confiscation of Products: Law enforcement or store clerks may confiscate vaping products if the buyer is underage. In some areas, authorities may confiscate both nicotine and non-nicotine vapes.

3. Criminal Charges: In certain states, underage vaping or purchasing can result in criminal charges, especially if the person has attempted to buy vape products illegally.

4. School Consequences: Students caught vaping on school property can face disciplinary actions, ranging from suspension to expulsion, depending on the school’s policy.

Overall, being caught vaping underage can lead to significant legal, financial, and personal consequences.

Changes to vaping laws in 2025

As of 2025, there have been no significant federal changes to the legal age for vaping in the U.S., which remains at 21. However, states continue to evaluate their local laws, and some are implementing additional measures to regulate vaping:

• Flavor Bans: Several states have moved toward banning flavored vaping products to reduce appeal to younger individuals.

• Tax Increases: Some states, such as New York and California, are introducing higher taxes on vape products to reduce use among minors and discourage consumption.

• Youth Vaping Prevention Campaigns: Many states have ramped up efforts to educate the public, particularly minors, about the risks of vaping through awareness campaigns.

It’s important to stay updated on your state’s local regulations as they may change to address public health concerns or new federal rulings.

Can a 13-year-old buy a nicotine-free vape?

In most cases, a 13-year-old cannot legally buy a nicotine-free vape. Even though nicotine-free vapes do not contain nicotine, they are still classified as tobacco-related products, which are subject to the same restrictions under U.S. law.

While some jurisdictions might not enforce the law as strictly for nicotine-free products, federal regulations do not make any exceptions based on the presence or absence of nicotine. Retailers are required to enforce the age restrictions, even for non-nicotine vapes.

Selling or attempting to buy a vape product, nicotine-free or not, underage could result in legal consequences for both the buyer and the seller.

Do you need an ID to buy vapes at 21?

Yes, you will need an ID to buy a vape product, even if you are over 21. Retailers are required by law to verify the purchaser’s age by checking a government-issued ID. Most stores, whether physical or online, will ask for proof of age before completing the transaction.

In some cases, online retailers may require you to upload a photo of your ID as part of the verification process. This helps prevent underage individuals from purchasing vaping products online, where age checks may otherwise be less stringent.