Vaping Laws in Illinois: What You Need To Know

Like many states in the US, vaping has grown in popularity and people have started to shift from smoking cigarettes to e-cigarettes. E-cigarettes are used for vaping while traditional cigarettes are used for smoking. But just like with smoking, there are risks associated with vaping which is why the public health and safety laws allow for protection over the public wellbeing. It is pretty crucial if you live in Illinois or are planning to visit that you understand how laws in Illinois vary from the other states. In this blog, we will cover the regulations set around vaping in Illinois including wherever it is legal to vape, the age stamp on e-cigarettes, and health problems that come with vaping. So keep learning!

1) Early Vaping Regulations in Illinois

Illinois was one of the first states to tackle the issue of e-cigarette usage. In 2008, Illinois became the very first state to pass the Smoke-Free Illinois Act. This Act is so people can be protected from secondhand smoke which in itself is one of the leading causes of sickness globally.

Specifically, this law prohibits smoking in public facilities such as workplaces, bars, and even restaurants. One of the caveats of the ACT was that e-cigarettes were not included in the ban meaning that there were certain places where people would be able to use them.

Given the increased popularity of vaping, each state’s lawmakers came to the consensus that these devices gave rise to more concerns about public health similar to traditional cigarettes. This cemented the fact that there are needs to be updated discussions on the current law regarding electronic cigarettes. This resulted in a series of amendments to The Smoke-Free Illinois Act of Illinois which included the one in 2023 that placed e-cigarettes under the same restrictions as tobacco products.

2) The Smoke-Free Illinois Act

The Smoke-Free Illinois Act was signed into law in the year 2008 which made cigarette smoking indoors in public places such as bars, restaurants, and workplaces illegal. This law was established to safeguard people from the adverse effects of secondhand smoke. What this law did not cover was the use of e-cigarettes which meant that they could still be used in areas where traditional cigarette smoking was prohibited.

With the inclusion of e-cigarettes, it became apparent that it is now illegal to smoke indoors in practically any public area such as offices, bars and restaurants which also means one cannot use e-cigs at those places which is the same restriction sought in traditional cigarettes.

3) Changes in 2023: What’s New?

The most significant shift regarding Illinois vaping regulations took place in 2023 when e-cigarettes were included in the Scope of the Smoke-Free Illinois Act. Because of this amendment in the Act in 2023, vaping was prohibited in almost all indoor public areas which include, but are not limited to, the places mentioned below:

●  Bars

●  Restaurants

●  Schools

●  government buildings

●  Offices

●  Public transport including trains and buses

●  Healthcare facilities

●  hospitals

In addition to that, the amendment proposed limits on where e-cigarettes would be permissible to smoke. For instance, banning e-cigarettes in some locations like parks or outdoor activities, but permitting them in specific areas. These restrictions were imposed to diminish, if not eliminate.

Additionally, local governments are in charge of the enforcement of these rules which might mean that there is some form of discretion in the application of the laws in various parts of the state. Moreover, local laws should be consulted to check for any other unwritten laws for that particular locality.

4) Age Limits and Sales Rules

There are some age restrictions for sales of e-cigarettes and other electronically heated tobacco products in Illinois. The minimum age for buying tobacco and vaping products, including e-cigarettes and e-juice, is 21. Laws in Illinois require retail establishments to verify the age of prospective customers through ID checks for all those who look below 30 years of age.

Similarly, all e cigarettes must be sold through licensed retailers to prevent any business from neglecting state laws and regulations. Besides, it is a crime to sell e-cigarettes to people who are below the legal age and there are severe consequences for that action. The laws being broken result in retailers being fined, losing their business licenses, or even facing criminal charges.

To mitigate unlawful sales, the state conducts periodic inspections of vape shops and convenience stores to affirm compliance with the regulations in effect. These include making sure that workers are adequately trained to detect forged identification and that no e-cigarettes are sold to customers below the legal age limit.

5) Health Risks and State Campaigns

Okay! It is prudent to keep in mind that vaping is not entirely risk-free even though it continues to be promoted as a less dangerous smoking alternative. E-cigarettes have nicotine which is known to be addictive and can result in heart problems, lung issues, as well as other serious ailments. In addition to this, e-cigarette aerosols may also contain toxic substances, for instance, formaldehyde and acrolein, which are injurious to the lungs and various body organs.

The Department of Public Health in Illinois (IDPH) launched various initiatives with a focus on informing and educating the youth on the negative impacts of vaping. These campaigns aim to enlighten the public on the dangers of addiction to nicotine and the significant impacts it has on an individual’s health.

The IDPH has also partnered with organizations like the American Lung Association to provide resources and support for people who want to quit vaping. These resources comprise free strong advice to quit, counselling, and guides to help people start their journey free from nicotine addiction.

6) Local Laws: How They Can Be Different

There are several legal vaping restrictions at the state level in Illinois but Chicago and other federal districts have their own regulations that guide vaping. For instance, Chicago may have more employment laws as compared to the rest of Illinois. Local governments may have placed additional restrictions to ban the consumption of e-cigarettes in general public areas or may have specified places where the use of e-cigarettes is permitted.

Therefore, it’s vital to understand that city laws are not the same in every municipality, therefore it is prudent to consult the regulatory framework. Some local administrations may also regulate mode of advertising that differs from the national consensus. The e-cigarette selling age may be higher or different products are allowed to be sold.

7) Legal Challenges and Future Changes

As vaping becomes increasingly popular, legal challenges and changes to the laws in Illinois may become more common. Some lawmakers are arguing about whether restrictions need to be placed on certain designated areas such as parks, schools, or even the beach. Moreover, the regulation of flavored e-cigarettes that appeal to the youth is another area many are advocating for tighter controls.

At the national level, the Food and Drug Administration (FDA) in the United States has also been seeking stricter controls over the public use of e-cigarettes, to the extent of evaluating devices and putting out notices about unendorsed or harmful products. These legislative changes at the federal level may result in alterations in state legislation too.

With the change in perception and tolerance of vaping around the world, Illinois Vaping laws may undergo drastic changes in the near future. So it is good to be in the know when new laws are introduced which may conflict with your right to vaping.

8) Final Thought

Laws regarding vaping in Illinois protect public health by regulating the use of e-cigarettes. E-cigarette use is banned in most indoor public spaces, completing the goals of the updated Smoke-Free Illinois Act of 2023. Like other states, Illinois restricts the sale of vaping products to older adults only to minimize underage use.

Using e-cigarettes is considered safer than smoking, however, it still carries health risks, and awareness compaigns show the health consequences of vaping. Information about the laws in Illinois and other local laws must be followed to vape in a safe manner that does not put you or anyone else at risk. Avoid violating any laws to prevent fines!