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Is it illegal to smoke an e-cigarette as a minor?

El Paso, TX |

As a minor, is it illegal to buy/ possess/ smoke another person's e-cigarette? I am from Texas.

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Attorney answers 3


Wow! Great question. The law is lagging behind the technology here. The laws relating to minors and smoking currently read "tobacco and/or cigarette(s)." According to the Texas Tax Code, a tobacco product includes "an article or product that is made of tobacco
or a tobacco substitute and that is not a cigarette." If e-cigs are a tobacco substitute (and I'm guessing some enterprising prosecutor will argue that they are), then they are covered by the same laws as a regular cigarette.

Although it's not a legal issue, please consider this - the active ingredient in those e-cigs is the same as the active ingredient in real cigarettes. Nicotine. It is just as addictive and just as poisonous as the real thing. If you are a minor, please consider whether you want to knowingly inhale a poison. If you're considering giving an e-cig to a minor, please consider whether it is wise to provide a minor with a poisonous, addictive substance.

Katherine Shipman's response to your question is for general information purposes only. Nothing in this response should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.


I think that the argument would be that yes, they're covered under the same laws. And if they aren't, the legislature will catch up, just like they did with synthetic marijuana.

Attorney Meenu Walters - 210-294-2515 -


It is against the law to sell a tobacco product to a minor. If a minor is in possession of a tobacco product, including an e-cigarette, you run the risk of being fined.

Any answer or response to your question I may provide does not establish or constitute an attorney-client relationship and is for general informational purposes only.

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