Illinois Expands Smoke-Free Laws to Include Vaping

May 1, 2024 | General, Uncategorized | 0 comments

In a significant update to the Smoke Free Illinois Act, the state has extended smoking restrictions to include electronic smoking devices, commonly known as vaping. This new legislation, which amends various aspects of the current laws governing smoking in public places, aims to address the evolving landscape of smoking and public health. Here’s an in-depth look at what the new law entails and how it affects residents and businesses in Illinois.

Key Changes in the Smoke-Free Law

1. Definition of “Electronic Smoking Device”: The law now clearly defines what constitutes an “electronic smoking device,” encompassing all types of vaping devices that simulate smoking by using a heated liquid, which includes nicotine, flavors, and other chemicals.

2. Inclusion of Vaping in Smoking Bans: Just as traditional smoking is banned in public areas, vaping will now also be prohibited in the same spaces to ensure public health and safety. This includes, but is not limited to, restaurants, bars, workplaces, and other indoor public areas.

3. Changes to Retail Tobacco Store Definitions and Exemptions:

  • Retail Definition Expanded: Retail tobacco stores will now include those selling electronic smoking devices and related accessories.
  • Exemption Criteria: Stores that derive at least 80% of their gross revenue from the sale of electronic cigarettes and related equipment, in operation before the enactment of this law, will qualify for certain exemptions. However, these stores are required to annually file an affidavit with the Department of Public Health, verifying their sales figures.
  • Workplace Inclusion: Workplaces that manufacture, import, or distribute electronic cigarettes will be classified under the definition of “retail tobacco store” for the purposes of this act.
Man vaping with cloud of smoke. Courtney Anderson, Illinois New Vaping Law 2024

Why This Law Matters

The amendment aims to mitigate health risks associated with secondhand exposure to vapor from electronic smoking devices, which research suggests may contain harmful substances similar to those in traditional cigarette smoke. By extending smoking restrictions to include vaping, Illinois is taking a proactive stance in promoting public health.

Impact on Individuals and Businesses

For Individuals: The new law means that just like with cigarettes, individuals will not be able to use electronic smoking devices in most indoor public places and workplaces. Those who vape will need to adhere to the same guidelines that apply to traditional smoking.

For Businesses: Establishments that allow public access must update their no-smoking policies to include electronic smoking devices. Retailers specializing in these products will need to ensure compliance with new reporting requirements to maintain any applicable exemptions.

Navigating Compliance

For businesses and individuals alike, understanding and complying with the new regulations will be crucial. Here is a resource from the Illinois Department of Public Health that offers guidance on the Smoke Free Illinois Act.


As vaping grows in popularity, integrating these products into existing public health regulations is an essential step in safeguarding the well-being of Illinois’ residents. By staying informed and compliant, both individuals and businesses can contribute to a healthier environment for all.

For further questions or legal assistance regarding the new vaping law and its implications, contact me for personalized legal support.