Smoking and Vaping Laws in Oklahoma

1. What is the legal smoking age in Oklahoma?

The legal smoking age in Oklahoma is 21 years old as of November 1, 2019. This means that individuals must be at least 21 years of age to purchase, possess, or consume tobacco products, electronic cigarettes, and vaping products in the state of Oklahoma. The increase in the legal smoking age to 21 is part of a nationwide trend to reduce youth access to tobacco and vaping products and combat the growing rates of underage smoking and vaping. It aligns with federal regulations set by the U.S. Food and Drug Administration (FDA) requiring a minimum age of 21 to purchase tobacco products. This change in the legal smoking age in Oklahoma reflects a broader effort to protect public health and prevent the use of tobacco and vaping products among young people.

2. Are electronic cigarettes allowed in public places in Oklahoma?

Yes, electronic cigarettes are currently allowed in public places in Oklahoma. However, it’s essential to note that this regulation may vary depending on the specific city or county ordinances. While the state does not have a comprehensive ban on vaping in public places, individual establishments such as restaurants, bars, and workplaces may have their policies regarding the use of electronic cigarettes on their premises. It’s always best to check with local authorities or the specific venue to understand their rules and regulations around vaping in public spaces. Additionally, it’s important to practice common courtesy and respect for non-vapers when using electronic cigarettes in shared spaces.

3. Can you smoke in bars and restaurants in Oklahoma?

No, you cannot smoke in bars and restaurants in Oklahoma. The state has a comprehensive smoking ban in place that prohibits smoking in all public places and enclosed areas within places of employment, including bars and restaurants. This ban applies to traditional tobacco products as well as electronic cigarettes and vaping devices. Violating the smoking ban can result in fines for both the individual smoker and the establishment allowing smoking on their premises. It is important to adhere to these laws to maintain a healthy environment for all individuals who visit these public spaces.

4. Are there restrictions on vaping products in Oklahoma?

Yes, there are restrictions on vaping products in Oklahoma. As of September 2021, Oklahoma law prohibits the sale of vapor products to individuals under the age of 21. Vaping products are also not allowed to be sold in vending machines unless they are located in adult-only facilities. Additionally, the state restricts the distribution of free samples of vapor products, and it is illegal to sell flavored vaping products in Oklahoma. These restrictions aim to reduce youth access to vaping products and address public health concerns related to vaping. It is important for retailers and consumers to be aware of these regulations to ensure compliance with the law.

5. Is there a tax on tobacco products in Oklahoma?

Yes, there is a tax on tobacco products in Oklahoma. As of 2021, the tax rate on cigarettes in Oklahoma is $2.03 per 20-pack carton. For other tobacco products such as cigars, smokeless tobacco, and e-cigarettes, the tax rates vary.
1. Cigars are taxed at 10% of the manufacturer’s list price.
2. Smokeless tobacco is taxed at 67% of the wholesale price.
3. E-cigarettes or vaping products are taxed at 5 cents per milliliter of e-liquid.
These taxes are in place to not only generate revenue for the state but also to discourage tobacco use and vaping, especially among younger demographics. It is important for consumers and businesses in Oklahoma to be aware of these tax rates to ensure compliance with the law.

6. Are there any specific regulations for smoking and vaping near schools or playgrounds in Oklahoma?

In Oklahoma, there are specific regulations regarding smoking and vaping near schools and playgrounds. These regulations are in place to protect children from exposure to harmful secondhand smoke and vapor.

1. Smoking: Oklahoma law prohibits smoking within a 25-foot radius of any building owned or leased by a school district, childcare facility, or head start center. This regulation applies to both traditional cigarettes and electronic cigarettes.

2. Vaping: Similarly, the use of e-cigarettes, also known as vaping, is prohibited within 25 feet of school property in Oklahoma. This includes all school buildings, playgrounds, and facilities.

These regulations aim to create a safe and healthy environment for children and to prevent exposure to the harmful effects of smoking and vaping. Violating these regulations can lead to fines or other penalties, so it is important for individuals to be aware of and comply with these restrictions when near schools or playgrounds in Oklahoma.

7. Can employers in Oklahoma ban smoking or vaping on their premises?

Yes, employers in Oklahoma have the right to ban smoking and vaping on their premises. Oklahoma does not have a statewide law that specifically addresses smoking or vaping in the workplace, so it is left to the discretion of individual employers to set their own policies regarding smoking and vaping on their property.

1. Employers may implement a smoke-free policy to promote a healthier work environment and reduce the risks associated with secondhand smoke exposure.
2. Vaping may also be prohibited by employers as it can create a perception of smoking and may still pose health risks to employees and visitors.
3. Employers can communicate their smoking and vaping policies clearly to employees through employee handbooks, signage, and company-wide communications.
4. It is important for employers to comply with any local ordinances or regulations regarding smoking and vaping in public places or workplaces within their specific city or county in Oklahoma.
5. Employers should also consider providing resources and support for employees who may be interested in quitting smoking or vaping to promote overall wellness in the workplace.
6. Failure to comply with an employer’s smoking or vaping policy may result in disciplinary action, up to and including termination depending on the severity of the violation.
7. When implementing a smoking or vaping ban, employers should ensure that the policy is consistently enforced for all employees to avoid potential claims of discrimination or unfair treatment.

8. Is it legal to smoke or vape in cars with children present in Oklahoma?

In Oklahoma, it is illegal to smoke or vape in a vehicle with a child under the age of 14 present. This law is in place to protect the health and well-being of minors who are especially vulnerable to the harmful effects of secondhand smoke and vapor. Violating this law can result in fines and penalties for the driver or any adult present in the vehicle who is smoking or vaping while children are also present. Therefore, it is important for individuals to be aware of and comply with this regulation to ensure the safety of children in Oklahoma.

9. Are there any designated smoking areas in public places in Oklahoma?

Yes, there are designated smoking areas in public places in Oklahoma. Under Oklahoma law, smoking is generally prohibited in all enclosed public places and places of employment. However, there are exceptions that allow for designated smoking areas in certain establishments. These designated smoking areas must meet specific requirements to ensure the health and safety of non-smokers, such as being separately enclosed and ventilated to prevent the spread of secondhand smoke. These areas are typically found in designated smoking lounges or outdoor smoking areas of establishments like casinos, bars, and private clubs.

It’s important to note that the specifics of designated smoking areas can vary depending on local ordinances and establishment policies. Therefore, it’s recommended to check with the individual establishment or the local health department for more information on where smoking is allowed within public places in Oklahoma.

10. Can landlords in Oklahoma prohibit smoking or vaping in rental properties?

Yes, landlords in Oklahoma have the legal right to prohibit smoking or vaping in rental properties. This prohibition can be stated explicitly in the lease agreement as a no-smoking or no-vaping policy. Landlords may enforce such policies to protect their property from damage caused by smoking or vaping, reduce fire hazards, and create a healthier environment for tenants. Additionally, prohibiting smoking or vaping in rental properties is becoming more common as awareness of the health risks associated with secondhand smoke and aerosol exposure increases. Landlords can also choose to designate specific smoking or vaping areas on the property if they wish to accommodate tenants who engage in these activities. It is important for landlords to clearly communicate their smoking and vaping policies to tenants to avoid any disputes in the future.

11. What are the penalties for violating smoking and vaping laws in Oklahoma?

In Oklahoma, there are specific penalties for violating smoking and vaping laws. These penalties are in place to deter individuals from engaging in behaviors that are deemed harmful to public health.

1. Smoking in areas where it is prohibited, such as indoor workplaces, public buildings, and certain outdoor areas, can result in fines for both the individual smoking and the owner of the premises allowing the violation to occur. The fines can range from $10 to $100 for a first offense, and up to $500 for subsequent offenses.

2. Selling or distributing tobacco or vaping products to minors under the age of 18 is prohibited in Oklahoma. Violating this law can result in fines ranging from $100 to $500 for a first offense, and up to $1,000 for subsequent offenses.

3. Additionally, the use of vaping products in schools or on school property is strictly prohibited. Violators of this law can face fines and other disciplinary actions.

Overall, it is essential for individuals and businesses to comply with smoking and vaping laws in Oklahoma to avoid facing penalties and potential legal consequences. It is crucial to stay informed about the specific regulations in place to ensure compliance and promote public health and safety.

12. Are there any regulations for the sale and marketing of vaping products in Oklahoma?

Yes, there are regulations for the sale and marketing of vaping products in Oklahoma. These regulations aim to protect public health, particularly to prevent minors from accessing and using vaping products. Some key regulations for the sale and marketing of vaping products in Oklahoma include:

1. Age restrictions: It is illegal to sell vaping products to individuals under the age of 18 in Oklahoma.
2. Retail restrictions: Vaping products cannot be sold in vending machines or self-service displays in areas accessible to minors.
3. Online sales: Some restrictions may apply to online sales of vaping products, particularly verifying the age of the purchaser.
4. Licensing requirements: Retailers selling vaping products may be required to obtain specific licenses or permits to sell these products legally.
5. Marketing restrictions: There may be limitations on the advertising and promotion of vaping products, especially to ensure they are not targeted towards minors.

These regulations help to ensure that vaping products are sold and marketed in a responsible manner to protect public health and prevent underage use. It is important for retailers and manufacturers of vaping products in Oklahoma to be aware of and comply with these regulations to avoid potential legal consequences.

13. Can individuals be fined for smoking in non-smoking areas in Oklahoma?

Yes, individuals can be fined for smoking in non-smoking areas in Oklahoma. The state has laws in place that prohibit smoking in certain public places, such as indoor workplaces, restaurants, and bars. Violating these laws can result in fines for both the individual smoking and the establishment allowing smoking on their premises. Oklahoma has implemented smoke-free policies to protect the health of its residents and visitors, and enforcement of these laws is taken seriously to ensure compliance and reduce exposure to secondhand smoke. Penalties for smoking in non-smoking areas can vary depending on the specific violation and location, but fines are a common form of punishment for such offenses in the state.

14. Are there any restrictions on flavored vaping products in Oklahoma?

As of September 1, 2021, Oklahoma has implemented restrictions on flavored vaping products. The state passed a law prohibiting the sale of flavored vaping products in most retail locations, including convenience stores and gas stations. This measure was aimed at reducing youth access to flavored e-cigarettes, which are often seen as more appealing to younger individuals. The law also requires all flavored vaping products to be sold behind the counter in adult-only tobacco shops or stores where individuals under the age of 21 are prohibited. These restrictions are part of Oklahoma’s efforts to curb underage vaping and combat the rise in teen vaping rates. It is essential for retailers and consumers to be aware of these regulations to ensure compliance with the law and promote public health initiatives regarding vaping.

15. Is it legal to smoke or vape in state parks and recreational areas in Oklahoma?

In Oklahoma, smoking and vaping laws vary depending on the specific location within state parks and recreational areas. Generally, smoking is prohibited in enclosed public places and workplaces, including certain outdoor areas like playgrounds and sports fields. However, regulations regarding smoking and vaping in open outdoor spaces such as state parks and recreational areas are less consistent. Some parks may have designated smoking areas, while others may enforce a complete ban on smoking and vaping throughout the entire park. It is important to check the specific rules and regulations of each state park or recreational area in Oklahoma to ensure compliance with the law. Failure to follow these regulations could result in fines or other penalties.

16. Can cities in Oklahoma implement their own smoking and vaping regulations?

Yes, cities in Oklahoma have the authority to implement their own smoking and vaping regulations. However, these regulations cannot be less restrictive than state laws, which means that cities can make their regulations stricter but not more lenient than the state’s regulations. For example, the state of Oklahoma prohibits smoking in enclosed public places and workplaces, but individual cities could choose to expand this ban to include outdoor public spaces as well.

Local governments in Oklahoma have enacted various tobacco and vaping regulations in recent years to protect public health and reduce exposure to secondhand smoke and aerosol. Some cities have implemented smoke-free policies in parks, outdoor dining areas, and other public spaces to create healthier environments for residents and visitors.

It is essential for residents and visitors to be aware of the specific smoking and vaping regulations in the cities they are in to ensure compliance and avoid potential penalties. Consulting local ordinances and staying informed about any updates or changes to these regulations can help individuals navigate the varying rules that may exist within different cities in Oklahoma.

17. Are there any restrictions on smoking or vaping in multi-unit housing complexes in Oklahoma?

In Oklahoma, there are currently no statewide laws or regulations that specifically address smoking or vaping in multi-unit housing complexes. However, individual landlords or property management companies have the authority to implement their own rules and policies regarding smoking and vaping within their properties. This means that residents may encounter varying restrictions on smoking and vaping depending on the specific complex they live in.

1. Some landlords or property managers may choose to prohibit smoking or vaping entirely on their premises to maintain a healthier and more pleasant living environment for all residents.
2. Others may designate specific smoking areas or have designated smoking units to accommodate residents who smoke or vape.
3. Additionally, some complexes may have common area restrictions in place to minimize secondhand smoke exposure and prevent potential fire hazards.

It is crucial for tenants to review their lease agreements and familiarize themselves with the smoking and vaping policies in their respective housing complexes to ensure compliance and avoid potential conflicts with property management.

18. Are there any laws regarding smoking or vaping in outdoor public events in Oklahoma?

In Oklahoma, there are laws that regulate smoking and vaping in outdoor public events. The specific regulations vary depending on the event and location, but there are some general guidelines that are typically followed:

1. Many outdoor public events in Oklahoma prohibit smoking and vaping to promote a healthier environment for attendees, especially in family-friendly events and venues.

2. Some cities in Oklahoma have implemented specific ordinances that restrict smoking and vaping in certain outdoor public areas, such as parks, sports stadiums, and concert venues.

3. Event organizers may also establish their own rules regarding smoking and vaping at their events, which attendees are expected to follow.

It is important for individuals attending outdoor public events in Oklahoma to be aware of the rules and regulations regarding smoking and vaping to avoid any potential fines or penalties for non-compliance.

19. Can businesses in Oklahoma declare themselves smoke-free or vape-free establishments?

Yes, businesses in Oklahoma can declare themselves as smoke-free or vape-free establishments. The state of Oklahoma does not have a comprehensive statewide smoke-free law in place, but individual businesses have the right to establish their own policies regarding smoking and vaping on their premises. Many businesses in Oklahoma, especially restaurants, bars, and healthcare facilities, choose to prohibit smoking and vaping to create a healthier and more comfortable environment for their employees and customers. By posting clear signage and enforcing their smoke-free or vape-free policies consistently, businesses can maintain compliance with their chosen restrictions. It is important for businesses to clearly communicate their smoking and vaping policies to employees and patrons to ensure understanding and compliance.

20. Is there a statewide smoking cessation program in Oklahoma?

Yes, there is a statewide smoking cessation program in Oklahoma. The Oklahoma Tobacco Helpline is the state’s comprehensive free phone and web-based service to help individuals quit using tobacco products. The program offers personalized coaching, online resources, and support to assist Oklahomans in their journey to quit smoking and improve their health. Additionally, the program provides information on nicotine replacement therapy and other cessation aids to help individuals successfully quit smoking. The Oklahoma Tobacco Helpline is a valuable resource for anyone looking to quit smoking and take steps towards a healthier lifestyle.