E-Cigarette Regulations - Colorado

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

Yes.
Colo. Rev. Stat. § 18-13-121(5) (2020)

 

How does the state define an e-cigarette?

Cigarette, tobacco product or nicotine product means “(I) [a] product that contains nicotine or tobacco or is derived from tobacco and is intended to be ingested or inhaled by or applied to the skin of an individual; or (II) [a]ny device that can be used to deliver tobacco or nicotine to the person inhaling from the device, including an electronic cigarette, cigar, cigarillo or pipe.”
Colo. Rev. Stat. § 18-13-121(5)(a) (2020)

Electronic smoking device or ESD means “any product…that contains or delivers nicotine or any other substance intended for human consumption and that can be used by a person to enable the inhalation of vapor or aerosol from the product [including] an e-cigarette, e-cigar, e-pipe-e-hookah, or vape pen or [any other similar device with a different product name].”
Colo. Rev. Stat. § 25-14-203(4.5) (2020)

 

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

N/A

 

What regulations are in place for e-cigarette packaging?

N/A

 

What restrictions are in place for retail or youth access?

Sale and distribution of nicotine products to persons under age 21 prohibited.
Colo. Rev. Stat. §§ 18-13-121(1)(a); 25-14-301(2)(a); 44-7-103(1) (2020)

Vending machine sales of nicotine products  limited to age-restricted areas of licensed gaming establishments.
Colo. Rev. Stat. § 44-7-103(2) (2020)

Retailers may not allow employees under the age of 18 to participate in the sale of nicotine products.
Colo. Rev. Stat. § 44-7-103(1) (2020)

Unless authorized by local license, no license will be issued after July 1, 2021 to a nicotine product retailer located within 500 feet of a school.
Colo. Rev. Stat. § 44-7-104.7(1)(a) (2020)

A retailer may not advertise an electronic smoking device product in a manner that is visible from outside the retail location.
Colo. Rev. Stat. § 44-7-104.7(2) (2020)

Delivery sales of nicotine products may only be made after verifying the person receiving the delivery is 21 years of age or older through valid government-issued photographic identification.
Colo. Rev. Stat. § 44-7-104.7(3)(b)(I)(C) (2020)

 

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

Yes.
Colo. Rev. Stat. § 44-7-104.5(1)(a)(I) (2020) (effective July 1, 2021)

 

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

Use of electronic smoking devices restricted similar to smoking (Colo. Rev. Stat. §§ 25-14-203(16) (2020) (definition of “smoking”), and prohibited in indoor areas, including places of employment, common areas of retirement and public housing, day care facilities, health care facilities, hotel and motel rooms.
Colo. Rev. Stat. § 25-14-204(1) (2020)

Use of tobacco products prohibited on school property and vehicles includingthose of day care, early learning and K-12 schools.
Colo. Rev. Stat. § 25-14-103.5 (2020)

Smoking/vaping by driver’s license applicants and testers prohibited during drive test.
1 Colo. Code Regs. § 204-30:8-401(p) (2020)

Assisted living residences’ house rules must address use of electronic cigarettes and vaporizers.
6 Colo. Code Regs. § 1011-1:7-13.4(A) (2020)

 

Colorado e-cigarette regulations as of September 15, 2020.

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