E-Cigarette Regulations - Hawai'i

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

Yes.
Haw. Rev. Stat. §§ 323F-34(d); 321-211; 328J-1; 712-1258(7); 304A-122(c) (2020)

 

How does the state define an e-cigarette?

Youth Access and Use

Electronic smoking device means “any electronic product that can be used to aerosolize and deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, and any cartridge or other component of the device or related product.”
Haw. Rev. Stat. §§ 323F-34(d) (use at Hawaii Health Systems Corp.); 321-211 (youth possession/use); 328J-1 (use restriction); 712-1258(7) (youth access); 245-17(f) (delivery sale); 28-162 (registration); 304A-122(c) (2020) (use on University of Hawaii property)

Use in State Parks

Electronic smoking device means “any electronic product that can be used to simulate smoking in the delivery of nicotine or other substances to the person inhaling from the device, including but not limited to an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe, and any cartridge or other component of the device or related product.”
Haw. Rev. Stat. § 184-4.5(c) (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/distribution of electronic smoking devices to persons under age 21 prohibited.
Haw. Rev. Stat. §§ 712-1258(1); 245-17(a) (2020) (delivery sales)

Purchase/possession of electronic smoking device by person under age 21 prohibited.
Haw. Rev. Stat. § 712-1258(5) (2020)

Possession or use of electronic smoking device by person under age 21 in public prohibited.
Haw. Rev. Stat. § 321-212 (2020)

Distribution of samples of electronic smoking devices on public property or within 1000 feet of a school is prohibited.
Haw. Rev. Stat. § 328J-17(a) (2020)

Face-to-face sales of electronic smoking devices required (i.e., no self-service displays or vending sales) except in duty-free facilities and adult-only tobacco businesses.
Haw. Rev. Stat. § 328J-18 (2020)

Delivery sales of electronic smoking devices require third-party age verification, copy of government issued identification or age and signature verification in shipment process upon and before actual delivery.
Haw. Rev. Stat. § 245-17(b) (2020)

 

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

Yes.
Haw. Rev. Stat. § 28-164 (2020) (registration)

 

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

Use of electronic smoking devices included in definition of smoking  and prohibited in same places smoking is prohibited including, enclosed or partially enclosed places that are: owned, leased or operated by the state or counties, open to the public, places of employment, sports arenas/stadiums, and within 20 feet of entrances and exits to such places (with some exceptions).
Haw. Rev. Stat. §§ 328J-1 (definition of smoking); 328J-2–328J-7 (2020)

Use of electronic smoking devices prohibited in state parks.
Haw. Rev. Stat. § 184-4.5(a) (2020)

Use of vapor cigarettes or e-cigarettes in parks.
Haw. Code R. § 15-210-13(a)(25) (2020)

Use of electronic smoking devices prohibited on indoor and outdoor areas of Hawaii Health Systems Corporation property.
Haw. Rev. Stat. § 323F-34(a) (2020)

Use of electronic smoking devices prohibited on University of Hawaii property.
Haw. Rev. Stat. § 304A-122(a) (2020)

 

Hawai'i e-cigarette regulations as of September 15, 2020.

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