E-Cigarette Regulations - Washington DC

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Are e-cigarettes in any section of the district’s statutes included in the definition of "Tobacco Products"?

Yes.
D.C. Code §§ 47-2401(5A) and 7-1702(8) (2018)

 

How does the district define an e-cigarette?

Tax and Youth Access

Vapor product means “(A) any non-lighting, noncombustible product that employs a mechanical heating element, battery, or electronic circuit, regardless of shape or size, that can be used to produce aerosol from nicotine in a solution; or (B) any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.”
D.C. Code § 47-2401(9A) (2018)

Other tobacco product includes vapor product and “any product containing, made from, or derived from tobacco, other than a cigarette or premium cigar, that is intended or expected to be consumed.”
D.C. Code § 47-2401(5A)(2018)

Use Restrictions

Electronic smoking device means “any product, including one composed of a heating element, battery, or electronic circuit, that contains or delivers nicotine or any other substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product [including] any such product regardless of whether it is manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen, or by any other product name or descriptor.
D.C. Code § 7-741.01(1) (2018)

Tobacco product means “any product that is made from or derived from tobacco and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including through a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, snus, smokeless tobacco, or an electronic smoking device … [and including] any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, or liquids used in electronic smoking devices.”
D.C. Code § 7-1702(8) (2018)

 

Is there a district excise or special tax (non-sales tax) placed on e-cigarettes?

Vapor products taxed at rate equal to tax imposed on cigarette packs, expressed as percentage of average wholesale price.
D.C. Code § 47-2402.01(a)(1)(C) (2018)

 

What regulations are in place for e-cigarette packaging?

N/A

 

What restrictions are in place for retail or youth access?

Prohibition on the sale of tobacco products, including vapor products, to persons under age 21 will be implemented, when an approved budget and financial plan includes the fiscal effect of the law.
2016 D.C. Sess. Law 21-191 §§ 2(b)(2), 5

Vending machine sales of vapor products will be restricted to establishments inaccessible to persons under age 21, when an approved budget and financial plan includes the fiscal effect of the law.
2016 D.C. Sess. Law 21-191 §§ 4, 5

 

Is a retail license or permit required to sell e-cigarettes?

Yes.
D.C. Code § 47-2404(a) (2018)

 

What smoke-free restrictions exist for e-cigarette use?

Use of electronic smoking devices included in definition of “smoking” and prohibited in same spaces smoking prohibited, D.C. Code § 7-1702(7) (2018) (definition of smoking); including in workplaces and certain public places (such as enclosed public spaces, playgrounds, bus stops and sporting events), with some exceptions. D.C. Code §§ 7-741.02; and 7-1703; 7-1708 (2018)

Use of electronic cigarettes on streetcar or streetcar platform prohibited.
D.C. Mun. Regs. tit. 18, § 1605.2(c) (2018)

Use of electronic cigarettes prohibited on library property.
D.C. Mun. Regs. tit. 19, § 810.6(c)(5) (2018)

Use of e-cigarettes prohibited in cottage food business during operations.
D.C. Mun. Regs. tit. 25, § 109.1(d) (2018)

 

Washington D.C. e-cigarette regulation as of September 15, 2018. Click to return to the map page.