It is far from clear.
First, from Zoidman's post:
(c) “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoking” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking.
...which seems to indicate any vapor, whether it contains nicotine or not. But, I find the last piece of this interesting: "for the purpose of circumventing the prohibition of smoking." I don't vape to circumvent smoking prohibitions, I do so not to smoke, but I digress.
The next section:
(d) (1) “Tobacco product” means any of the following:
(A) A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.
(B) An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.
Clearly, nicotine is mentioned, but then the "or other vaporized liquids", which would technical include non-nicotine. I would think this may intend to include those "other" vapor products (you know what I mean), but that seems to be specifically excluded at the end of the Digest.
Basically, blind zealousness is getting in the way of well-written and clear law.
