Is Vaping Legal In Illinois? What You Need To Know

he use of electronic cigarettes, also known as vaping, has grown in popularity in recent years due to its perceived health benefits.

The legality of vaping in Illinois, however, is a complicated and contested issue.

This article will explore the Illinois state laws and regulations regarding the use of e-cigarettes, as well as the minimum age requirements to legally vape in Illinois.

The article will also examine the definition of an e-cigarette according to Illinois state laws and the regulations surrounding the packaging of e-cigarettes in Illinois.

Understanding the legal landscape of vaping in Illinois is necessary to ensure that users are complying with the law and staying within the boundaries of their rights.

Key Takeaways

  • The Indoor Vaping Bill was passed in 2019, prohibiting vaping in indoor public spaces.
  • The proposed Illinois Senate Bill aims to ban indoor vaping and the use of e-cigarettes in public spaces.
  • The Smoke Free Illinois Act already prohibits smoking in public places and would expand to include electronic cigarettes and vapor producing devices.
  • Illinois enforces a minimum age requirement of 21 for the purchase and distribution of e-cigarette products.

Illinois Vaping Laws

Vaping has become an increasingly popular pastime amongst adults, but it is important to understand the regulations and laws surrounding it.

In Illinois, the Indoor Vaping Bill was passed in 2019, which prohibits vaping in indoor public spaces.

This law helps to reduce the potential risks associated with second-hand smoke and maintain public health standards.

It is important for vaping enthusiasts to research and understand the laws in their areas in order to ensure they are abiding by the law.

Illinois Indoor Vaping Bill

The proposed Illinois Senate Bill seeks to ban indoor vaping and the use of e-cigarettes in public spaces. The Smoke Free Illinois Act already prohibits smoking in public places, and this legislation would expand on that definition to include electronic cigarettes and other vapor producing devices.

The bill also outlines additional regulations, such as prohibiting the sale of vaping products to minors and banning marketing of e-cigarettes to children. This legislation seeks to protect public health by limiting the exposure to toxic substances produced by electronic cigarettes, such as nicotine and other chemicals. Additionally, it aims to prevent the re-normalization of smoking in public places, which can be a challenge due to the wide acceptance of electronic cigarettes.

The implementation of this bill would be a step towards protecting public health and promoting a smoke-free environment in Illinois.

The implications of this proposed legislation could have significant consequences for the definition of ‘smoke’ or ‘smoking.’ Currently, the Smoke Free Illinois Act defines smoking as the burning of a lighted cigar, cigarette, pipe, or any other matter or substance which contains tobacco. This definition may need to be expanded to encompass the use of electronic cigarettes, vaporizers, and other devices that produce an aerosol or vapor.

The proposed bill would also set forth regulations for e-cigarette use and marketing to children, in an effort to protect public health and reduce the likelihood of nicotine addiction and other long-term health risks. This would be another step towards protecting public health and curbing the use of e-cigarettes in Illinois.

How Does Illinois Define An E-Cigarette?

In the state of Illinois, an e-cigarette is defined as an electronic nicotine delivery system and any components or parts thereof, and is included in the definition of ‘Tobacco Products.’

This includes all electronic cigarettes, vapor products, e-liquid, and any component or part thereof.

E-cigarettes, vapor products, and other components or parts thereof are considered tobacco products, and are subject to the same regulations as traditional cigarettes.

This means that these products must comply with all applicable laws, including age restrictions, packaging requirements, and labeling requirements.

Additionally, e-cigarettes are not allowed to be sold to anyone under the age of 18 and must be sold in child-resistant packaging.

Furthermore, e-cigarettes must be labeled with the ingredients of the product, any warning language, and the nicotine content.

These regulations are meant to ensure that e-cigarettes are used responsibly and safely.

Illinois Regulation For E-Cigarette Packaging

Regulations governing the packaging of e-cigarettes in Illinois demand that all electronic cigarette liquids be sold in child-resistant packaging, with some exceptions for sealed, pre-filled, and disposable replacement cartridges. This requirement applies to both traditional tobacco products and alternative nicotine products.

Furthermore, these products must be sold in their original manufacturer packaging. This is to ensure the safety of children and to reduce the likelihood of accidental ingestion of these products. Additionally, these regulations are in place to prevent the misuse of these products by minors.

It is important to note that these regulations are enforced by the state and are subject to change over time. As such, it is important to stay informed of any changes to these regulations.

In conclusion, it is clear that Illinois has strict regulations in place for e-cigarette packaging to protect the health and safety of its citizens. This sets an example for other states to follow in regards to the regulation of these products.

With this in mind, it is important to understand the state statues in Illinois related to vaping.

Illinois State Statues

E-cigarettes are included within the scope of the Illinois state statutes, defining tobacco products to include alternative nicotine products.

Specifically, Section 2-9 of the Illinois Administrative Code and Section 10 of the Illinois Tobacco Products Tax Act define tobacco products to include “any product containing, made of, or derived from tobacco or nicotine that is intended for human consumption,” which includes e-cigarettes, e-liquids, and other vaping products.

Further, Section 4-31 of the Illinois Liquor Control Act and Section 5-1 of the Cigarette Tax Act also define tobacco products to include any combination of nicotine and vapor-producing substances.

Moreover, Chicago Catch-Up Retailers Ordinance also includes e-cigarettes and other vaping products within the definition of tobacco products.

This wide range of regulations covers the marketing, sale, and use of e-cigarettes and other related products in the state of Illinois.

As such, it is subject to the same restrictions and regulations as traditional tobacco products.

These restrictions and regulations are necessary to protect public health and safety and ensure that e-cigarettes are not marketed to minors.

This helps to ensure that vaping products are being sold and used responsibly.

Minimum Age Requirements To Vape In Illinois

The state of Illinois enforces a minimum age requirement of 21 years for the purchase and distribution of e-cigarette products. This restriction is applicable to all retail stores, self-service displays, vending machines, and remote sales, as well as to the distribution of free samples.

The law also prohibits the sale and distribution of e-cigarette products to persons under the age of 21, and any advertising related to e-cigarettes in Illinois must include a warning that the product contains nicotine and is not suitable for use by persons under the age of 21.

Furthermore, the law prohibits the sale of e-cigarette products with prohibited substances like marijuana. The law is designed to protect minors in Illinois from the risks of using e-cigarettes and to prevent the sale of tobacco products to persons under the legal age.

The state of Illinois has effectively implemented stringent restrictions to ensure that vaping is only available to those who are of legal age.

Frequently Asked Questions

Is it possible to vape in public in Illinois?

Vaping in public places is not permitted in Illinois. However, some local municipalities may have ordinances allowing it in certain areas. It is important to check with local authorities to ensure that vaping regulations are followed. Failing to do so may result in fines or other penalties.

Is there a tax on vaping products in Illinois?

Yes, there is a tax on vaping products in Illinois. The tax rate is 36% of the wholesale cost of the product. This tax applies to all vaping products, including e-cigarettes, liquids, and other accessories.

Are there any restrictions on where vaping products can be purchased in Illinois?

In Illinois, vaping products are available to purchase from a variety of vendors, however, there are some restrictions placed on where they can be bought. For instance, vending machines may not be used to purchase these products and they may not be sold within 15 feet of a school. Ultimately, it is important to familiarize yourself with local regulations before purchasing vaping products in Illinois.

Are there any flavor restrictions on vaping products in Illinois?

In Illinois, flavored vaping products are limited to tobacco, menthol, and clove. Other flavored products may only be sold in licensed adult-only establishments. These restrictions aim to reduce the appeal of vaping products to minors.

Are there any restrictions on advertising vaping products in Illinois?

Illinois imposes strict regulations on advertising vaping products, prohibiting promotion of the products to minors and restricting the use of false or misleading statements. To capture the audience’s desire for freedom, strong language must be used to emphasize the importance of the regulations. Thus, advertising of vaping products should be done with extreme caution.


In conclusion, it is important to understand the vaping laws in Illinois in order to remain compliant.

It is illegal for anyone under the age of 21 to purchase or use an e-cigarette in Illinois.

Additionally, all e-cigarette packaging must be compliant with the FDA labeling and child-resistant requirements.

Lastly, Illinois has enacted state statues that call for the regulation of e-cigarettes and the enforcement of the minimum age requirements.

It is imperative for individuals to be aware of these laws before making a purchase or using an e-cigarette in Illinois.

By understanding the vaping laws in Illinois, individuals can ensure that they are not violating any state regulations.