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Tobacco and Vaping Laws in California

How California law treats smoking and vaping age, from the state code and official state agencies.

Short answer: The minimum age to buy tobacco products in California is 21, and 'tobacco product' includes electronic cigarettes and other devices that deliver nicotine or vaporized liquids. Cal. Penal Code 308(a)(1), (f) (as amended by Stats. 2024, ch. 371, eff. Jan. 1, 2025); Bus. & Prof. Code 22950.5(d), 22958(a), 22963(a); Health & Safety Code 104559

Smoking and vaping ageThe minimum age to buy tobacco products in California is 21, and 'tobacco product' includes electronic cigarettes and other devices that deliver nicotine or vaporized liquids. Selling, giving or furnishing tobacco, tobacco products or smoking paraphernalia to someone under 21 is a misdemeanor or civil violation with fines of $200, $500 and $1,000 for an individual's first, second and third offenses, and $500, $1,000 and $5,000 for a business; enforcing agencies may also assess civil penalties from $1,000 up to at least $20,000 for repeat violations at a location. Active-duty military personnel 18 or older are exempt. Tobacco and nicotine use, including e-cigarettes, is banned on school district property and in school vehicles.
BPC 22963 requires age-21 verification for mail and internet sales.

More California criminal law

FAQ

What is the smoking and vaping age in California?
The minimum age to buy tobacco products in California is 21, and 'tobacco product' includes electronic cigarettes and other devices that deliver nicotine or vaporized liquids. Selling, giving or furnishing tobacco, tobacco products or smoking paraphernalia to someone under 21 is a misdemeanor or civil violation with fines of $200, $500 and $1,000 for an individual's first, second and third offenses, and $500, $1,000 and $5,000 for a business; enforcing agencies may also assess civil penalties from $1,000 up to at least $20,000 for repeat violations at a location. Active-duty military personnel 18 or older are exempt. Tobacco and nicotine use, including e-cigarettes, is banned on school district property and in school vehicles.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.