State Smoking Bans and E-Cigs - DON'T ASK

[Vocalek]

If your state has passed a law banning indoor smoking, do NOT write or call some state official to find out if it is OK for you to use your e-cigarette indoors.

The chances are excellent that e-cigarettes are not included in the law as written. The only state that we know of that has a law on the books specifically including e-cigarettes in their smoking ban is New Jersey.



Someone asked the Virginia Department of Health if e-cigarettes were included in our recently passed law, and they decided to play semantic games and expand the scope of the law beyond what the legislature specified. We are still trying to get this misinterpretation of the law corrected.

 

[ChipCurtis]

Vocalek, that is a good strategy. Many legislators still don't even know that e-cigs even exist. It's good to just let those states enact their smoking bans without including e-cigs in the wording of their bills. Then we can fight various interpretations of those laws by other state agencies (like in Virginia) -- easier to do than to fight the type of law in N.J. which actually has e-cigs in the wording.

Let's let guys like Banzhaf (ASH) do his own homework. We don't have to wake up the sleeping giants ourselves -- we'd only be doing Banzhaf's bidding unwittingly.

Looking at this strategy long-term, however, it's probably going to be moot once e-cigs becomes generally known by the general public. Hopefully by that time something on the federal level will be in place (perhaps a victory in the FDA vs SE case) preventing states from coming up with their own bans based on their own views of what an e-cig is.

 

[nightowl]

It is easier to ask forgiveness than permission.

 

[thefisherman]

A behavior or product not clearly and specifically banned by statute is legal. If a reasonable person would not consider the statutory language unambiguous and prohibitive, the activity or product cannot be the subject of criminal prosecution. This fundamental tenet of law is older than our country, having originated in English [British] legal traditions. Free people must always behave as if they are free, and must sometimes fight and spill blood to remain free.

 

[dragit]

We need to quit referring to them as "e-cigs" and more as a Personal vaping device or inhaler. They are not a cig

 

[sherid]

Please don't. What would that accomplish other than making it seem more like a drug device. In the end, the e-cig is what it is: an alternative to smoking cigarettes.

 

[dragit]

indeed. They are a alternative to smoking.. anything.. lol. I started smoking cuz i quit smoking something else. Couldn't get away from my smoking fix though so I began smoking cigs. This replaces it all effectively for me. Working the nicotine down now so i no longer have a addiction to that nasty lil drug