Vapes are not illegal in California if you are 21 or older, but the state regulates them almost identically to cigarettes and bans the retail sale of nearly all flavored vaping products. You can legally own and use a vape as an adult. What has changed over the past several years is what you can buy, where you can buy it, and where you can use it.
You Have to Be 21 to Buy
California raised its tobacco purchase age from 18 to 21 in 2016, and the federal government matched that age in December 2019. The federal change eliminated the military exemption California’s original law had included, so active-duty service members under 21 can no longer legally buy vapes or any other tobacco product.1U.S. Food and Drug Administration. Tobacco 212California Department of Public Health. California Tobacco 21 Law
Retailers must check government-issued photo ID before every sale. The age rule covers every kind of vaping product the state recognizes as a “tobacco product,” which includes e-cigarettes, vape pens, pods, and e-liquid cartridges, whether they contain nicotine or not.3California Department of Tax and Fee Administration. Cigarette and Tobacco Products Licensing Act – Division 8.5 Stop Tobacco Access to Kids Enforcement Act
If you are under 21, buying, receiving, or possessing a vape is an infraction under Penal Code 308(b). The penalty is a $75 fine or 30 hours of community service.
Flavored Vapes Are Banned
California prohibits the retail sale of flavored vaping products. Senate Bill 793, signed in 2020 and upheld by voters through Proposition 31 in 2022, bars retailers from selling any flavored tobacco product. That includes flavored e-cigarettes, menthol pods, and flavored e-liquids. The law defines “flavored” broadly, covering any distinguishable taste or aroma other than tobacco, and it explicitly includes mint and menthol.
The narrow exemptions in the statute (loose-leaf pipe tobacco, premium cigars priced at $12 or more wholesale, and certain hookah tobacco) do not apply to vapes. No flavored vape qualifies.4CDPH – CA.gov. Updated November 2023 Frequently Asked Questions: California’s Flavored Tobacco Products Retail Law
One point that trips people up: the law targets sellers, not buyers. Purchasing, possessing, or using a flavored vape is not illegal for you as a consumer. Fines land on the retailer and its employees.4CDPH – CA.gov. Updated November 2023 Frequently Asked Questions: California’s Flavored Tobacco Products Retail Law
Where You Can’t Vape
California treats vaping the same as smoking under its smoke-free air laws. Anywhere a lit cigarette is banned, an e-cigarette is banned.
Workplaces and Indoor Public Spaces
All enclosed workplaces are off-limits under Labor Code 6404.5. That covers offices, restaurants, bars, factories, and warehouses. Limited exceptions exist for designated smoking areas in long-term care facilities, theatrical productions where smoking is part of the performance, and tobacco shops with enclosed smoking lounges.
Inside government-owned or government-leased buildings, vaping is prohibited, and the ban extends 20 feet from any main entrance, exit, or operable window. It is also banned within 25 feet of any playground or tot lot sandbox on school grounds and on city, county, or state park grounds.
Public Transit and Schools
Transit agencies including LA Metro, BART, and San Diego’s MTS ban vaping on vehicles and at stations and stops. Public and private schools enforce no-vaping policies on campus and at school events.
National Parks and Air Travel
The National Park Service prohibits vaping inside all NPS facilities, concession buildings, and government vehicles.5National Park Service. Policy Memorandum 15-03: Use of Electronic Nicotine Delivery Systems
Flying with a vape is allowed only in your carry-on. TSA and FAA rules ban vaping devices and their lithium-ion batteries from checked luggage entirely. Batteries must be under 100 watt-hours, and the heating element has to be protected against accidental activation.6Transportation Security Administration. Electronic Cigarettes and Vaping Devices Using a vape on a commercial flight is a federal offense.
Ordering Vapes Online
Getting vapes shipped to California is difficult. California Business and Professions Code 22963 requires any online seller to verify the buyer’s age through a database of government records, take payment by personal check or credit card in the buyer’s name, and collect an in-person signature from someone 21 or older at delivery.7California Legislative Information. California Code BPC 22963
Federal law adds another layer. The PACT Act requires interstate vape sellers to register with the ATF and with the tax administrator in every state they ship to, file monthly shipment reports, and comply with state and local tax and licensing law wherever the customer lives.8Bureau of Alcohol, Tobacco, Firearms and Explosives. Prevent All Cigarette Trafficking (PACT) Act
The bigger practical problem is shipping itself. Since 2021, the U.S. Postal Service will not mail vaping products, with only narrow exceptions for business-to-business shipments between licensed tobacco companies and small noncommercial packages sent by individuals (capped at 10 shipments per 30 days).9Federal Register. Treatment of E-Cigarettes in the Mail FedEx and UPS have adopted similar restrictions.
Taxes on Vapes
California taxes vapes twice. Proposition 56, passed in 2016, reclassified e-cigarettes as “other tobacco products” and pulled nicotine-containing vapes and e-liquids into the same equivalent excise tax that applies to cigars and smokeless tobacco.10Legislative Analyst’s Office. Proposition 56 – Cigarette Tax to Fund Healthcare, Tobacco Use Prevention, Research, and Law Enforcement
On top of that, the California Electronic Cigarette Excise Tax adds 12.5% to the retail price of electronic cigarettes sold with or containing nicotine. This tax has been in effect since July 2022, and retailers collect it from you at checkout.11California Department of Tax and Fee Administration. Tax Guide for California Electronic Cigarette Excise Tax
What Happens If You Break the Rules
The penalties depend on who you are and which rule got broken.
Vaping Where It’s Banned
Under the smoke-free workplace law, an individual caught vaping in a prohibited area faces an infraction of up to $100 for a first violation, $200 for a second within one year, and $500 for a third or later violation in the same year. Local ordinances can set higher fines.
Underage Possession
A minor who buys, receives, or possesses a vape can be fined $75 or ordered to complete 30 hours of community service under Penal Code 308(b).
Selling to Someone Under 21
The STAKE Act imposes civil penalties on any retailer, employee, or individual who sells or provides vapes to someone under 21. The amounts escalate based on how many violations the location has had in a five-year window:
- First violation: $1,000 to $1,500
- Second violation: $2,000 to $3,000
- Third violation: $5,000 to $10,000
- Fourth violation: $10,000 to $20,000
- Fifth or more: at least $20,000
A retailer that fails to post the required point-of-sale warning notice faces a $200 fine for a first offense and $500 for each violation after that.3California Department of Tax and Fee Administration. Cigarette and Tobacco Products Licensing Act – Division 8.5 Stop Tobacco Access to Kids Enforcement Act
Selling Flavored Vapes
Since January 1, 2024, retailers caught selling prohibited flavored vaping products are penalized on the same escalating schedule as underage sales, starting at $1,000 to $1,500 for a first violation. After a third violation, the state can suspend or revoke the retailer’s license.12California Legislative Information. California Health and Safety Code 104559.5
Selling Without a License
Selling vapes in California without a valid retailer’s license carries fines up to $5,000, up to one year in county jail, or both.13California Department of Tax and Fee Administration. Cigarette and Tobacco Products Licensing Act of 2003
Local Laws Can Be Stricter
State law is a floor, not a ceiling. San Francisco banned e-cigarette sales outright in 2019, becoming the first U.S. city to do so. Beverly Hills and Manhattan Beach have enacted near-total bans on tobacco and vape retail sales, with limited exceptions.
Los Angeles and San Diego expand smoke-free zones to outdoor dining areas, beaches, and public plazas. Some cities require an additional local permit for vape retailers on top of the state license, and enforcement intensity varies. Before assuming a vape is legal to buy or use in a specific spot, check the rules for that city or county.