Is it legal to vape in Texas?

What the law says

The age is 21. Under section 161.252(a) of the Texas Health and Safety Code, a person younger than 21 commits an offense by possessing, buying, using or accepting an e-cigarette. Showing a fake or borrowed ID to get one is an offense too.

The fine. Section 161.252(d) of the Texas Health and Safety Code says:

“An offense under this section is punishable by a fine not to exceed $100.”

In plain words, the most a court can fine a person under 21 for vaping is $100, under section 161.252(d) of the Texas Health and Safety Code. There is no jail term in that section.

What counts as an e-cigarette. Under section 161.081 of the Texas Health and Safety Code, it is any device that simulates smoking by using a heating element, battery or electronic circuit to deliver nicotine or other substances. It also covers the liquid used in the device,

“regardless of whether the liquid solution or material contains nicotine.”

So a nicotine-free vape still counts under section 161.081 of the Texas Health and Safety Code. The term does not include a prescription medical device or medication unrelated to quitting smoking.

What changes the answer

Military ID. Under section 161.252(c-1) of the Texas Health and Safety Code, the offense does not apply to a person who is at least 18 and shows a valid United States or state military ID at the time of purchase.

At work, or in a compliance check. Under section 161.252(b) and (c) of the Texas Health and Safety Code, the offense does not apply when the job requires handling the product and the employer is present, or when the person is taking part in an official compliance test.

The awareness course. Under section 161.253 of the Texas Health and Safety Code, on conviction the court suspends the sentence and requires an approved e-cigarette and tobacco awareness program. In a rural area without one, the court requires 8 to 12 hours of community service instead.

Proof within 90 days. Under section 161.253(e) of the Texas Health and Safety Code, the person must show the court they finished the course or the service by the 90th day after conviction. For a first offense, the court then discharges the person and dismisses the case.

A clean record at 21. Under section 161.255 of the Texas Health and Safety Code, a person convicted under section 161.252 can apply on or after their 21st birthday to have the conviction expunged. The court charges a $30 fee for each application.

Selling to someone under 21. Under section 161.082 of the Texas Health and Safety Code, it is an offense to sell or give an e-cigarette to someone younger than 21, with criminal negligence. It is a Class C misdemeanor, which under section 12.23 of the Texas Penal Code is a fine of up to $500.

The seller’s ID defense. Under section 161.082(d) and (e) of the Texas Health and Safety Code, it is a defense that the buyer showed apparently valid government ID with a photo matching them. Under section 161.083, sellers must check ID for anyone younger than 30.

Banned products. Under section 161.0876 of the Texas Health and Safety Code, selling or advertising some vape products is a Class A misdemeanor at any age. That includes packaging with cartoons, celebrities or images of candy or juice, and vapes shaped like a pen, phone, watch, toy or lipstick.

More banned products. Section 161.0876 of the Texas Health and Safety Code also bans vape products made in, or marketed as made in, China or a country the United States names as a foreign adversary. It bans products containing cannabinoids, alcohol, kratom or mushrooms. Under section 12.21 of the Texas Penal Code, a Class A misdemeanor carries a fine of up to $4,000, up to 1 year in jail, or both.

Where you can vape. The sections of the Texas Health and Safety Code on this page set the age and the products. They do not say where an adult may vape, such as indoors or in public; city rules and other laws can limit that.