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) (2019)

 

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) (2019)

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) (2019) (effective July 1, 2019)

 

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 18 prohibited.
Colo. Rev. Stat. §§ 18-13-121(1)(a)44-7-103(1) (2019)

Possession or purchase of nicotine products by persons under age 18 prohibited.
Colo. Rev. Stat. §§ 25-14-301(2)18-13-121(2) (2019)

Vending machine sales of nicotine products prohibited.
Colo. Rev. Stat. § 44-7-103(2) (2019)

 

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

No

 

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) (2019) (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) (2019) (effective July 1, 2019)

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 (2019)

Smoking/vaping by driver’s license applicants and testers prohibited during drive test.
1 Colo. Code Regs. § 204-30:8-401(p) (2019)

Assisted living residences’ house rules must address use of electronic cigarettes and vaporizers.
6 Colo. Code Regs. § 1011-1:7-13.4(A) (2019)

 

Colorado e-cigarette regulation as of June 15, 2019.

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