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Is Vaping Inside Legal in Ohio?

Is Vaping Inside Legal in Ohio

If you’re a vaper in Ohio, you might be wondering whether it’s legal to vape indoors. The answer is not straightforward, as the regulations vary depending on where you are in the state. Generally speaking, the use of electronic cigarettes or vapes with nicotine, THC, and other regulated substances is prohibited in Ohio.

According to the Ohio Revised Code, the state has a comprehensive smoking ban that applies to all enclosed public places and places of employment. This includes, but is not limited to, restaurants, bars, casinos, and private clubs. The ban also applies to outdoor patios, decks, and other areas adjacent to enclosed areas where smoking is prohibited.

However, there are some exceptions to the ban. For example, the ban does not apply to private residences, except when used as a childcare, adult day care, or health care facility. Additionally, the ban does not apply to retail tobacco stores, cigar bars, hookah bars, and private clubs that meet certain criteria. It’s important to note that the use of electronic cigarettes or vapes is not exempted from the ban, even in these establishments.

Understanding Vaping

Vaping is the act of inhaling and exhaling vapor produced by an electronic cigarette or other similar device. The device heats a liquid, often containing nicotine, flavorings, and other chemicals, to create the vapor. Vaping has become increasingly popular in recent years, especially among young people.

Electronic cigarettes, also known as e-cigarettes, are battery-powered devices that heat a liquid to produce an aerosol, which is inhaled. The liquid used in e-cigarettes can contain nicotine, flavorings, and other chemicals. The aerosol produced by e-cigarettes is often called vapor, which is why the act of using an e-cigarette is often called vaping.

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There are many different types of e-cigarettes, including disposable e-cigarettes, rechargeable e-cigarettes, and e-cigarettes with refillable tanks. Some e-cigarettes are designed to look like traditional cigarettes, while others have a more modern design.

While some people use e-cigarettes to try to quit smoking traditional cigarettes, others use them recreationally. However, there are concerns about the safety of e-cigarettes, as well as their potential to be a gateway to traditional cigarette use.

In Ohio, the use of electronic cigarettes or vapes with nicotine, THC, and other regulated substances is prohibited in many public places, including workplaces, restaurants, and bars. However, there are some exemptions for certain types of businesses, such as vape shops.

It is important to note that specific regulations regarding vaping can vary from county to county in Ohio. Therefore, it is important to check local laws before using an e-cigarette in public.

Ohio State Laws on Indoor Smoking

If you’re wondering whether vaping inside is legal in Ohio, you should be aware of the state laws on indoor smoking. Ohio Revised Code § 3794.02 prohibits smoking in most indoor public places and places of employment, including bars, restaurants, and workplaces. This law also applies to electronic smoking devices and vapor products.

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However, there are some exceptions to this law. Ohio Revised Code § 3794.03 lists areas where smoking is not regulated by this chapter, including private residences, outdoor patios, and designated smoking rooms in hotels and motels. Hotels, motels, and lodging facilities may designate as many as 20 percent of sleeping rooms for smoking.

It’s important to note that the law does not require employers to provide smoking areas for employees. Additionally, residents are the only ones permitted to use indoor smoking areas in nursing homes, and employees cannot be required to accompany a resident into a designated indoor smoking area or perform services in such an area when it is in use for smoking.

If you’re caught violating Ohio’s indoor smoking laws, you could face fines and other penalties. The Ohio Department of Health’s Smoke-Free Workplace Program is responsible for investigating and enforcing violations of the Smoke-Free Workplace Act.

Specifics of Vaping Laws in Ohio

If you’re wondering whether vaping inside is legal in Ohio, the answer is not straightforward. Ohio has a statewide indoor smoking ban, but it does not explicitly include vaping. However, Governor Mike DeWine proposed expanding the ban to include vaping, and the Ohio Senate passed its version of the two-year state operating budget, House Bill 110, which includes this measure.

While the statewide indoor smoking ban does not explicitly include vaping, some counties in Ohio have their own vaping regulations. For example, in Cuyahoga County, which includes Cleveland, vaping is prohibited in all public places, including bars, restaurants, and workplaces. In Franklin County, which includes Columbus, vaping is prohibited in all workplaces and most public places, but there are some exceptions, such as vape shops.

Ohio also has a “Tobacco 21” law that took effect on October 17, 2019. This law raised the minimum age to purchase cigarettes, other tobacco products, and alternative nicotine products such as e-cigarettes and vaping products from 18 to 21. It is also illegal to give such products to others under age 21.

In terms of the specifics of vaping regulations in Ohio, vapor volume is defined as “one-tenth of one milliliter of vapor product” if a vapor product is sold in liquid form, or “one-tenth of one gram of vapor product” if the vapor product is sold in non-liquid form. Additionally, the use of electronic cigarettes or vapes with nicotine, THC, and other regulated substances is generally prohibited in Ohio, but it is important to check local laws as regulations can vary by county.

In summary, while Ohio does not explicitly include vaping in its statewide indoor smoking ban, some counties have their own vaping regulations, and Governor Mike DeWine proposed expanding the ban to include vaping. Additionally, Ohio has a “Tobacco 21” law that raised the minimum age to purchase tobacco and alternative nicotine products to 21. If you’re a vaper in Ohio, it’s important to stay up-to-date on local regulations and restrictions.

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Exceptions to the Rule

While Ohio has strict laws regarding vaping indoors, there are some exceptions to the rule.

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Firstly, vape shops are exempt from the indoor smoking ban, meaning that you can legally vape inside a vape shop in Ohio. However, it’s important to note that this exception only applies to vape shops that derive at least 80% of their revenue from vaping products.

Another exception to the indoor smoking ban is smoking in private residences. If you’re a homeowner or a tenant, you are allowed to vape inside your own home. However, if you’re renting, it’s important to check with your landlord to see if they have any specific rules regarding vaping inside the property.

It’s also worth noting that some hotels in Ohio have designated smoking rooms where you can vape. If you’re planning on staying in a hotel and want to vape inside, it’s important to check with the hotel beforehand to see if they have any smoking rooms available.

Overall, while Ohio has strict laws regarding vaping indoors, there are some exceptions to the rule. If you’re unsure about whether or not you’re allowed to vape in a specific location, it’s always best to check with the establishment or property owner beforehand.

Implications for Vapers in Ohio

If you’re a vaper in Ohio, it’s important to be aware of the state’s regulations on vaping indoors. As of September 30, 2021, Ohio has a statewide smoking ban that includes vaping in indoor public places, workplaces, and places of employment. This means that you cannot vape in bars, restaurants, workplaces, or other indoor public places.

However, there is an exemption for vape shops. If you own or work at a vape shop, you are allowed to vape inside the shop as long as it’s not open to the public. This exemption was included in the Ohio Senate’s version of the state operating budget, House Bill 110.

It’s also worth noting that Ohio has a Tobacco 21 law, which prohibits the sale of cigarettes, other tobacco products, and e-cigarettes/vaping products to anyone under the age of 21. This law went into effect on October 17, 2019.

If you’re caught vaping in an indoor public place in Ohio, you could face fines and/or other penalties. The fine for a first offense is $100, and it increases with each subsequent offense. Additionally, some local jurisdictions in Ohio have their own regulations on vaping indoors, so it’s important to check with your local government to see if there are any additional restrictions in your area.

Overall, if you’re a vaper in Ohio, it’s important to be aware of the state’s regulations on vaping indoors and to follow them to avoid fines and penalties.

Public Reactions and Opinions

Since the Ohio indoor vaping ban went into effect on July 14th, 2023, there have been mixed reactions from the public. Some people are in favor of the ban, while others are against it.

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Those who support the ban believe that it will help protect non-smokers from the harmful effects of secondhand vapor. They argue that vaping should be treated the same as smoking, and that it should not be allowed in public indoor spaces.

On the other hand, some people are against the ban. They argue that vaping is not the same as smoking, and that it does not produce the same harmful effects. They believe that people should be allowed to vape indoors, as long as they are not bothering others.

Vape shop owners have also expressed their opinions on the ban. Some are concerned that it will hurt their business, as customers will not be able to try out products before purchasing them. Others believe that the ban will not have a significant impact on their business, as most of their customers vape outside anyway.

Overall, the public reactions and opinions on the Ohio indoor vaping ban are mixed. While some people support the ban, others are against it. Vape shop owners are also divided on the issue.

Comparisons with Other States

When it comes to vaping inside, Ohio has some similarities and differences with neighboring states. Here’s a quick rundown of the vaping laws in Michigan, Indiana, and Pennsylvania.

Michigan

Michigan has a comprehensive indoor vaping ban that prohibits vaping in most indoor public places, including bars, restaurants, and workplaces. The ban also covers outdoor areas of certain places, such as schools and child care centers. However, there are some exemptions to the ban, including vape shops and tobacco specialty stores.

Indiana

Indiana has a less restrictive indoor vaping ban than Michigan. While the state prohibits vaping in certain indoor public places, such as schools and government buildings, it does not have a statewide ban on vaping in bars and restaurants. Instead, it is up to individual businesses to decide whether or not to allow vaping on their premises.

Pennsylvania

Pennsylvania has a similar indoor vaping ban to Michigan, but with some differences. The state prohibits vaping in most indoor public places, including bars, restaurants, and workplaces. However, there are some exemptions to the ban, including private clubs and retail tobacco shops.

Overall, while Ohio does not have a comprehensive indoor vaping ban like Michigan and Pennsylvania, it is more restrictive than Indiana. Vapers should be aware of the specific laws in each state and follow them accordingly.

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