Tobacco and Vaping Laws in Florida

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

Short answer: The minimum age to buy tobacco and nicotine (vaping) products in Florida is 21. Selling or giving them to someone under 21 is a second-degree misdemeanor, a first-degree misdemeanor for a second violation within 1 year, and for nicotine products a third-degree felony for a third violation. Fla. Stat. §§ 569.101, 569.11, 569.41, 569.42

Smoking and vaping age	The minimum age to buy tobacco and nicotine (vaping) products in Florida is 21. Selling or giving them to someone under 21 is a second-degree misdemeanor, a first-degree misdemeanor for a second violation within 1 year, and for nicotine products a third-degree felony for a third violation. People under 21 who possess tobacco or nicotine products, or lie about their age to buy them, commit a noncriminal violation: 16 hours of community service or a $25 fine plus an anti-tobacco program for a first violation, and a $25 fine for a repeat within 12 weeks. Degree penalties (Fla. Stat. § 775.082, from the existing state record): first-degree felony up to 30 years; second-degree felony up to 15 years; third-degree felony up to 5 years; first-degree misdemeanor up to 1 year; second-degree misdemeanor up to 60 days. Read in The 2026 Florida Statutes (Online Sunshine). Source: Fla. Stat. §§ 569.101, 569.11, 569.41, 569.42

Smoking and vaping age

The minimum age to buy tobacco and nicotine (vaping) products in Florida is 21. Selling or giving them to someone under 21 is a second-degree misdemeanor, a first-degree misdemeanor for a second violation within 1 year, and for nicotine products a third-degree felony for a third violation. People under 21 who possess tobacco or nicotine products, or lie about their age to buy them, commit a noncriminal violation: 16 hours of community service or a $25 fine plus an anti-tobacco program for a first violation, and a $25 fine for a repeat within 12 weeks.

Degree penalties (Fla. Stat. § 775.082, from the existing state record): first-degree felony up to 30 years; second-degree felony up to 15 years; third-degree felony up to 5 years; first-degree misdemeanor up to 1 year; second-degree misdemeanor up to 60 days. Read in The 2026 Florida Statutes (Online Sunshine).

Source: Fla. Stat. §§ 569.101, 569.11, 569.41, 569.42

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What is the smoking and vaping age in Florida?

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.