Victory in Virginia!!!!!
I received a call from Delegate Peace's office today. They had requested an opinion from Attorney General Cuccinelli regarding the e cig, after the Virginia Department of Health had declared them to fall under the smoking ban.
I will quote from parts of the letter they received from the Attorney General's office:
Issue Presented
You ask whether an e-cigarette falls within the definition of smoke or smoking for the purposes of 15.2-2820.
Response
It is my opinion that using an e-cigarette does not fall within the definition of "smoke" or "smoking" for the purposes of 15.2-2820.
Applicable Law and Discussion
Section 15.2-2824 (A) prohibits smoking in a variety of locations, including elevators, public school buses, and the interior of public elementary, intermediate and secondary schools. Section 15.2-2825(A) forbids smoking in restaurants. Finally, 15.2-2820 defines "smoke" or "smoking" as "the carrying or holding of any lighted pipe, cigar or cigarette of any kind, or any other lighted smoking equipment, or the lighting, inhaling, or exhaling of smoke from a pipe, cigar or cigarette of any kind."
First, an e-cigarette does not involve the "inhaling, or exhaling of smoke". Smoke is defined as "the gaseous products of burning carbonaceous materials made visible by the presence of small particles of carbon." To be sure, one definition of smoke is "fume or vapor often resulting from the action of heat on moisture." That, however, is not the way the term smoke is commonly understood. Statutes should be construed under their "ordinary and plain meaning." Water vapor containing traces of particulate matter, such as water evaporating from a tea kettle, is not ordinarily understood to be "smoke". An e-cigarette does not function in [the] manner of a traditional cigarette because it functions electrically rather than via combustion of a material such as tobacco. Therefore, the vapor emitted by an e-cigarette would not fall within the definition of "smoke" or "smoking" in 15.2-2820. Second, an e-cigarette is battery powered and is not "lighted" as that term is commonly understood. No flame is involved in its operation.
Conclusion
Accordingly, it is my opinion that using an e-cigarette does not fall under the definition of "smoke" or "smoking" for purposes of 15.2-2820.
/s/ Kenneth T. Cuccinelli, II
Attorney General
The woman in Peace's office told me she has already received a call from the Washington Post, so I think we can expect the media to pick up on this ruling.
My one warning would be that vapers should not rush into every restaurant in the state and pull out their e-cig. We need to approach this carefully, with as much public education as possible, so nonsmokers realize what the e cig is and that it is not producing secondhand smoke.
I received a call from Delegate Peace's office today. They had requested an opinion from Attorney General Cuccinelli regarding the e cig, after the Virginia Department of Health had declared them to fall under the smoking ban.
I will quote from parts of the letter they received from the Attorney General's office:
Issue Presented
You ask whether an e-cigarette falls within the definition of smoke or smoking for the purposes of 15.2-2820.
Response
It is my opinion that using an e-cigarette does not fall within the definition of "smoke" or "smoking" for the purposes of 15.2-2820.
Applicable Law and Discussion
Section 15.2-2824 (A) prohibits smoking in a variety of locations, including elevators, public school buses, and the interior of public elementary, intermediate and secondary schools. Section 15.2-2825(A) forbids smoking in restaurants. Finally, 15.2-2820 defines "smoke" or "smoking" as "the carrying or holding of any lighted pipe, cigar or cigarette of any kind, or any other lighted smoking equipment, or the lighting, inhaling, or exhaling of smoke from a pipe, cigar or cigarette of any kind."
First, an e-cigarette does not involve the "inhaling, or exhaling of smoke". Smoke is defined as "the gaseous products of burning carbonaceous materials made visible by the presence of small particles of carbon." To be sure, one definition of smoke is "fume or vapor often resulting from the action of heat on moisture." That, however, is not the way the term smoke is commonly understood. Statutes should be construed under their "ordinary and plain meaning." Water vapor containing traces of particulate matter, such as water evaporating from a tea kettle, is not ordinarily understood to be "smoke". An e-cigarette does not function in [the] manner of a traditional cigarette because it functions electrically rather than via combustion of a material such as tobacco. Therefore, the vapor emitted by an e-cigarette would not fall within the definition of "smoke" or "smoking" in 15.2-2820. Second, an e-cigarette is battery powered and is not "lighted" as that term is commonly understood. No flame is involved in its operation.
Conclusion
Accordingly, it is my opinion that using an e-cigarette does not fall under the definition of "smoke" or "smoking" for purposes of 15.2-2820.
/s/ Kenneth T. Cuccinelli, II
Attorney General
The woman in Peace's office told me she has already received a call from the Washington Post, so I think we can expect the media to pick up on this ruling.
My one warning would be that vapers should not rush into every restaurant in the state and pull out their e-cig. We need to approach this carefully, with as much public education as possible, so nonsmokers realize what the e cig is and that it is not producing secondhand smoke.
