Are Disposable Vapes Legal in California?

Jun 13, 2024Jun 13, 2024
Are Disposable Vapes Legal in California?
Disposable vapes are highly regulated in California through significant limitations on sale and distribution. Selling flavoured disposable vapes in retail shops is restricted to those that solely taste like tobacco, and flavoured disposables are available for legal purchase in person only in the form of prefilled closed-system vapes or tank-inspired vapes. In order to buy flavoured disposables in person or online, proof of age above 21 and address-verified delivery is typically required, as Setziol of CLAW confirmed.

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While disposable vapes are legal in the state of California, they’re not completely unrestricted. In the year of 2020, California passed a law prohibiting the sales of flavoured tobacco products, including flavoured disposable vapes, that would be distributed in retail stores and with in-person vendors. The law went into effect on the 21st of December 2022, in hopes of dissuading youths from participating in vaping, given that flavours are the primary reason why youngsters take up this smoking habit. Consumers can only ever purchase tobacco-flavoured disposable vapes, for consumption in physical stores.

Meanwhile, the sale of disposable vapes online – including flavoured products, per the legislation – can go forward, as long as it complies with certain measures, for instance, an adult-age verification before a purchase can finalise and an adult signature required upon product delivery to ensure the buyer’s age and to avoid under-age sales. These are some of the ways in which disposable vapes are responsibly sold.

If shoppers and retailers follow these rules, disposable vapes can continue to be sold and purchased in California.

Yes, though disposable vapes are legal in California, they are tightly regulated, as follows.

 

Flavored Vapes Ban


The most prominent order is the prohibition on flavoured tobacco products including flavoured disposable vapes. California passed a bill in 2020 restricting the sale of flavoured tobacco products in brick-and-mortar stores. This law came into effect on December 21, 2022. The intention behind this policy is to prevent youth vaping by restricting flavours commonly used by younger users. This bill allows for only tobacco-flavoured disposable vapes to be sold in physical stores.

 

Disposable Vape Online Sales


When it concerns the flavoured disposable vapes, which are banned from selling in the grocery stores, you can still buy them online by adhering to strict regulations for the underage ban:

Strict Age Verification: Retailers need to come up with clever and secure age verification technologies to thwart underage buyers (smartphone verification via age on driver’s license anyone?)

Adult signature upon delivery: All vape parcels have an adult signature upon receipt, which is necessary because of the age restriction surrounding vape products.


General Regulations



One reason consumers prefer open-system vapes over closed-system vapes, other than personal preference, is because while the rules restricting disposable vapes’ flavours are indeed specific, they are blended into a proverbial stew of other general rules covering all ‘vaping products’ in California; these include:

Student ID: A valid student ID is required to be at least 21 years or older and currently enrolled as a full-time student, a requirement to make a purchase. Legal Age: All VAEJ locations in California follow the 21-year-old legal age to buy any vape or tobacco product in California.

Licensing: (1) retail premises must have the appropriate permission from the state, be it for selling items in-store or over the web.

Advertising Restrictions: Very strict regulations control advertising, especially compared to advertising of traditional cigarette products; advertising of vaping products is strictly prohibited in a way that advertising of traditional cigarette products is not, much of that related to defending the public health from unchecked marketing to minors.


Health and Safety Standards


Disposable vapes are also bound by lobby-written and legislated standards within California, which in this case include standards of health and safety; products must contain consumer health warnings and ingredient lists, among other regulations guaranteeing the product will not healthfully harm those who use it.


Public Use Restrictions


Although vaping – including puffing on a e-juice-filled disposable vape – is not allowed in most places where traditional smoking is prohibited (eg, workplaces, bars, restaurants, other indoor public space), some cities have local ordinances banning those devices in places where smoking is permitted. So, the bottom line is this: in California, it’s crucial to know the rules of where you can puff a traditional cigarette or vape before lighting up.


Conclusion

In summary, disposable vapes are legal in California but heavily regulated to ensure public health and those regulations include protecting children. Anyone in California can purchase flavoured disposable vapes from online platforms that insure a significant amount of age verification and delivery methods. In conclusion, I hope this helped anyone interested in purchasing a disposable vape in California become somewhat informed and make safe and legal purchases.

Finding the Best Online Vape Shop in California

Are you looking for the best online vape shop in California? Good news: if you're tech-savvy, you can easily order vape products online. However, with countless online vape retailers vying for your business, finding a trustworthy place to order from can be overwhelming.

With minimal government regulation in many of these vape businesses, how can you be sure you're getting what you ordered? Is there any government oversight to ensure the quality of your vape products?

To simplify your decision and help you avoid the pitfalls of fake sellers, it's crucial to know what to look for before buying vapes online and where to buy premium quality vapes at an affordable price. We've put together this guide to shed more light on the topic. Whether you're searching for "vape shops near me," "vape store near me," or "vape delivery services," this guide has you covered.

We recommend that you visit the California Laws page on our site for more information on California policies in the vaping industry.

Ebrahim Talebi
Expert Vape Product Reviewer

I've been writing as a hobby since 2000, alongside all the busy work, and I've always loved sharing my experiences. I was a smoker before 2012 and switched to vaping after buying my first vape that year. Vaping has been a lifesaver for me over the years. Although I'm sure it's not entirely safe for health, I believe we'll see more innovative and less risky products as the industry progresses. My goal is to provide clear and honest information about reviewing vape products and brands.


Vaping Experience: 12 years   Expertise in: Vaping industry    Favorite products: Disposable Vapes, Salt Nicotines.