Vaping etiquette: where can you legally vape?

Vape — it may be Oxford Dictionary’s word of the year, but you’d need a paralegal to parse the law on where it’s OK, illegal, or just plain rude to use an e-cigarette or other vaporizer.

These small, battery-powered devices create an inhaled mist of usually liquid nicotine, flavoring, or sometimes medical and recreational marijuana. And they’ve rapidly grown in popularity over the last five years, even as tobacco smoking rates have decreased.

Meanwhile, social norms and the law have failed to keep pace with folks blowing vapor clouds in city hall, airports, airplanes and elevators.

“I’ve seen it happen in crowded restaurants,” said Dale Gieringer, vaporizer researcher and longtime cannabis advocate for California NORML. “I have sneaked tokes all sorts of places where you know it might have been prohibited.”

Consequently, there’s a new legal trend in restricting or banning vaping. It started with small organizations — transit agencies, colleges — and has since percolated up to major cities like San Francisco and Los Angeles. This year, a ban on vaping wherever tobacco smoking is prohibited may become California law under San Francisco Senator Mark Leno’s pending SB 140.

Right now, only one statewide law covers vaping — a restriction on sales of e-cigarettes to children.

SB 140 would radically alter the vape landscape, a Senate analysis finds, broadening the definition of “tobacco product” to include “e-cigarettes” and “other electronic devices that deliver nicotine or other substances.”

San Francisco passed a similar law in 2014. Vaping defenders call the trend a case of policymakers getting ahead of the science. For one, vaping is not smoking, and the scientific evidence for equating all vape activity to smoking doesn’t exist, they say.

“This gives the wrong message that vaping is comparable in danger to smoking and there’s just no solid scientific basis for that at all,” Gieringer said.

Even so, kids are trying e-cigarettes at alarming rates, health officials say. “[E-cigarettes] have the potential to re-normalize smoking behavior and tempt a new generation of youth and young adults into the cycle of nicotine addiction,” writes Corey Egel in the California Department of Public Health’s office of public affairs.

Public Health plans to spend $18 million in tobacco taxes over the next two years discouraging youth e-cigarette use, Egel stated.

Leno’s SB 140 is up for debate in the legislature this month, along with at least three other vape-related bills. The law is also quickly changing at the county and city level. Below, we do our best to provide what the law says and then a dose of common sense.

Can I vape nicotine alone in my house that I own?
‘Yes’, state officials say. Unless your house shares a wall with another residence, in which case, ‘maybe’ — local anti-smoking laws may apply to vaping and prohibit it in apartment complexes and condos. That’s the case in Berkeley, said Northern California Smoke-Free Alternatives Trade Association spokesperson Stefan Didak.

Can I vape nicotine in my apartment?
Maybe. The state says it’s ok, but local laws bout shared walls as well as landlord rules may apply.

Can I vape on the sidewalk?
Generally yes. But El Cerrito, CA. is considering a bill to ban vaping on sidewalks, Didak said.

Can I vape while driving a car?
Yes, it’s legal, but Didak said vapers have reported being pulled over on suspicion of drugged driving.

Can I vape in the business that I own?
At the state level, it’s legal. But local laws may apply. Not in San Francisco, L.A. and elsewhere.

Can I vape in the business that I work at or patronize?
At the state level, it’s legal. But local laws may ban it, or the business owner may refuse it.

“I would not recommend vaping in a restaurant — it has the same effect as wearing heavy perfume. It’s just bad form,” Didak said.

“The general rule is to be discreet and if you’re not going to be discrete, then make an arrangement with the owner,” said Gieringer.

Can I vape in public buildings like City Hall or a Rec Center?
At the state level, it’s legal. But local laws may ban it, and Didak recommends not doing it.

Can I vape in the airport?
At the state level, it’s legal. But local laws may ban it. The airport may ban it. Interestingly, the FAA recommends no vaping on planes but it’s up to the individual airline, Egel stated. Vaping rules alsovary by state.

Can I vape on the bus/train/cab?
Not in San Francisco and many other cities. BART banned vaping in February, and the SFMTA did it in March. Vaping in a San Francisco taxi can result in an $85 fine.

Can I vape in public parks?
At the state level, it’s legal. But local laws may ban it. The ban is subject to enforcement, however, and vaping is very discreet. Again, don’t bother people.

Can I vape in a church?
At the state level, it’s legal. But local laws or the pastor and common sense can ban it. Depends on the church.

Can I vape in a daycare?
At the state level, it’s shockingly legal. But local laws or the day care provider may ban it. Under state law, adults may not furnish e-cigarettes to children.

Can I vape at a public school or a university?
Legal at a state level, but likely against the rules of the school district or university.

What about all of the above vape questions as they pertain to medical cannabis vaping?
All medical cannabis vaping is federally illegal, quasi-legal at the state level, but subject to local restrictions or immunity. It really depends. Call a lawyer.

Sen. Leno wrote us saying that SB 140: “does not affect any current laws or regulations regarding medical cannabis. In fact, the bill includes language, which is identical to San Francisco’s e-cigarettes ordinance, explicitly clarifying that there is no impact on the existing state restrictions that already apply to medical marijuana.”

Bottom line: “Do not try and be obnoxious on purpose,” said Didak. “Do not excessively blow clouds in areas where there are a lot of people who might not have seen it before or be wondering whether it’s toxic or might have been influenced by what’s going on in the media and might run and hide,” said Didak. “Ask for permission first and if they say ‘No’, that’s the rules. Private property rights should be respected.

It’s all about context. Are you at a dab bar in Venice Beach, or an antique store in Pleasanton?

“California not only has the most non-smokers but a majority of anti-smokers,” Didak said.

“Just be polite,” said Gieringer. “‘Use common sense’ is always the rule for anything. We don’t need a law about that.”

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