List of smoking bans in the United States

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The following is a list of smoking bans in the United States. For smoking bans and restrictions outside the United States, see the worldwide list of smoking bans.

Contents

The United States Congress has not attempted to enact any type of nationwide federal smoking ban. Therefore, smoking bans in the United States are entirely a product of first-level jurisdictional, local criminal, and occupational safety and health laws.

United States Congress Legislature of the United States

The United States Congress is the bicameral legislature of the Federal Government of the United States. The legislature consists of two chambers: the House of Representatives and the Senate.

Law of the United States Overview of United States law

The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States. The Constitution sets out the boundaries of federal law, which consists of Acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary. The United States Code is the official compilation and codification of general and permanent federal statutory law.

Political divisions of the United States States, territories, Washington, District of Columbia; and their subdivisions

Political divisionsof the United States are the various recognized governing entities that together form the United States — states, territories, the District of Columbia, and Indian reservations.

In 1995, California was the first state to enact a statewide smoking ban; throughout the early to mid-2000s, especially between 2004 and 2007, an increasing number of states enacted a statewide smoking ban of some kind. As of July 2018, the most recent statewide smoking ban is Alaska's, which was signed into law on July 18, 2018, and went into effect on October 1, 2018.

California State of the United States of America

California is a state in the Pacific Region of the United States. With 39.6 million residents, California is the most populous U.S. state and the third-largest by area. The state capital is Sacramento. The Greater Los Angeles Area and the San Francisco Bay Area are the nation's second- and fifth-most populous urban regions, with 18.7 million and 9.7 million residents respectively. Los Angeles is California's most populous city, and the country's second-most populous, after New York City. California also has the nation's most populous county, Los Angeles County, and its largest county by area, San Bernardino County. The City and County of San Francisco is both the country's second-most densely populated major city after New York City and the fifth-most densely populated county, behind only four of the five New York City boroughs.

Alaska State of the United States of America

Alaska is a U.S. state in the northwest extremity of North America, just across the Bering Strait from Asia. The Canadian province of British Columbia and territory of Yukon border the state to the east and southeast. Its most extreme western part is Attu Island, and it has a maritime border with Russia to the west across the Bering Strait. To the north are the Chukchi and Beaufort seas—southern parts of the Arctic Ocean. The Pacific Ocean lies to the south and southwest. It is the largest U.S. state by area and the seventh largest subnational division in the world. In addition, it is the 3rd least populous and the most sparsely populated of the 50 United States; nevertheless, it is by far the most populous territory located mostly north of the 60th parallel in North America: its population—estimated at 738,432 by the United States Census Bureau in 2015— is more than quadruple the combined populations of Northern Canada and Greenland. Approximately half of Alaska's residents live within the Anchorage metropolitan area. Alaska's economy is dominated by the fishing, natural gas, and oil industries, resources which it has in abundance. Military bases and tourism are also a significant part of the economy.

As further detailed in this list, smoking laws vary widely throughout the United States. Some places in the United States do not generally regulate smoking at all, some ban smoking in certain areas and not others, and some ban smoking nearly everywhere, even in outdoor areas (no state bans smoking in all public outdoor areas, but some local jurisdictions do). As of July 1, 2017, according to the American Nonsmokers' Rights Foundation, 81.5% of the U.S. population lives under a ban on smoking in "workplaces, and/or restaurants, and/or bars, by either a state, commonwealth, or local law", [1] and 58.6% live under a ban covering all workplaces and restaurants and bars. [2] A smoking ban (either state or local) has been enacted covering all bars and restaurants in each of the 60 most populated cities in the United States except these 11: Atlanta, Jacksonville, Memphis, Miami, Las Vegas, Nashville, Oklahoma City, Philadelphia, Tampa, Tulsa, and Virginia Beach. New Hampshire allows smoking in some private member's clubs where alcohol is served. [3] [4]

Atlanta Capital of Georgia, United States

Atlanta is the capital and most populous city in the U.S. state of Georgia. With an estimated 2017 population of 486,290, it is also the 38th most-populous city in the United States. The city serves as the cultural and economic center of the Atlanta metropolitan area, home to 5.8 million people and the ninth-largest metropolitan area in the nation. Atlanta is the seat of Fulton County, the most populous county in Georgia. A small portion of the city extends eastward into neighboring DeKalb County.

Memphis, Tennessee City in Tennessee, United States

Memphis is a city located along the Mississippi River in southwestern Shelby County, Tennessee, United States. The 2017 city population was 652,236, making Memphis the largest city on the Mississippi River, second-largest city in Tennessee, as well as the 25th largest city in the United States. Greater Memphis is the 42nd largest metropolitan area in the United States, with a population of 1,348,260 in 2017. The city is the anchor of West Tennessee and the greater Mid-South region, which includes portions of neighboring Arkansas and Mississippi. Memphis is the seat of Shelby County, the most populous county in Tennessee. As one of the most historic and cultural cities of the southern United States, the city features a wide variety of landscapes and distinct neighborhoods.

Miami City in Florida, United States

Miami, officially the City of Miami, is the cultural, economic and financial center of South Florida. Miami is the seat of Miami-Dade County, the most populous county in Florida. The city covers an area of about 56.6 square miles (147 km2), between the Everglades to the west and Biscayne Bay on the east; with a 2017 estimated population of 463,347, Miami is the sixth most densely populated major city in the United States. The Miami metropolitan area is home to 6.1 million people and the seventh-largest metropolitan area in the nation. Miami's metro area is the second-most populous metropolis in the southeastern United States and fourth-largest urban area in the U.S. Miami has the third tallest skyline in the United States with over 300 high-rises, 80 of which stand taller than 400 feet.

Overview

Statewide bans on smoking in all enclosed public places

As of July 2018, 26 states have enacted statewide bans on smoking in all enclosed workplaces, including all bars and restaurants: Alaska, Arizona, California, Delaware, Hawaii, Illinois, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nebraska, North Dakota, New Jersey, New York, Ohio, Oregon, Rhode Island, South Dakota, Utah, Vermont, Washington, and Wisconsin. Twelve other states have enacted statewide smoking bans but have carved out an exception for certain establishments and workplaces: Colorado, Connecticut, Florida, Idaho, Indiana, Louisiana, Nevada, New Hampshire, New Mexico, North Carolina, Pennsylvania, and Tennessee.

Arizona state of the United States of America

Arizona is a state in the southwestern region of the United States. It is also part of the Western and the Mountain states. It is the sixth largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona shares the Four Corners region with Utah, Colorado, and New Mexico; its other neighboring states are Nevada and California to the west and the Mexican states of Sonora and Baja California to the south and southwest.

Delaware State of the United States of America

Delaware is one of the 50 states of the United States, in the South-Atlantic or Southern region. It is bordered to the south and west by Maryland, north by Pennsylvania, and east by New Jersey and the Atlantic Ocean. The state takes its name from Thomas West, 3rd Baron De La Warr, an English nobleman and Virginia's first colonial governor.

Hawaii State of the United States of America

Hawaii is the 50th and most recent state to have joined the United States, having received statehood on August 21, 1959. Hawaii is the only U.S. state located in Oceania, the only U.S. state located outside North America, and the only one composed entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean.

However, these states exempt a variety of places from their respective smoking bans. All except seven (California, Delaware, Montana, North Dakota, Utah, Vermont, and Washington) exempt tobacconists. All except six (Alaska, Michigan, Indiana, North Dakota, Vermont, and Wisconsin) allow hotels and motels to designate a certain percentage of smoking rooms. Many also exempt or do not cover casinos (10), private clubs (8), cigar bars (14), or certain small workplaces (8). The following is a table of common exemptions from these 28 states' smoking bans:

Tobacconist dealer in tobacco

A tobacconist, also called a tobacco shop, a "tobacconist's shop" or a smoke shop, is a retailer of tobacco products in various forms and the related accoutrements, such as pipes, lighters, matches, pipe cleaners, pipe tampers. More specialized retailers might sell: ashtrays, humidification devices, hygrometers, humidors, cigar cutters, and more. Books and magazines, especially ones related to tobacco are commonly offered. Items irrelevant to tobacco such as puzzles, games, figurines, hip flasks, walking sticks, and confectionery are sometimes sold. In the United States, a tobacconist shop is traditionally represented by a wooden Indian positioned nearby. Most retailers of tobacco sell other types of product; today supermarkets, in many countries with a special counter, are usually the main sellers of the common brands of cigarette. In the United Kingdom, a common combination in small corner shops has been a newsagent selling newspapers and magazines, as well as confectionery and tobacco. In UK retailing this sector is referred to as "CONTOB".

Casino facility which houses and accommodates certain types of gambling activities

A casino is a facility which houses and accommodates certain types of gambling activities. The industry that deals in casinos is called the gaming industry. Casinos are most commonly built near or combined with hotels, restaurants, retail shopping, cruise ships or other tourist attractions. There is much debate over whether the social and economic consequences of casino gambling outweigh the initial revenue that may be generated. Some casinos are also known for hosting live entertainment events, such as stand-up comedy, concerts, and sporting events.

A cigar bar is an establishment that caters to patrons who smoke cigars.

States that exempt tobacconistsStates that exempt cigar barsStates that exempt private clubsStates that exempt casinosStates that exempt small workplaces
AK, AZ, CA, CO, CT, HI, KS, IL, IA, ME, MD, MA, MI, MN, NE, NJ, NM, NY, OH, OR, RI, SD, TN, WIAK, CA, CO, CT, MA, MI, NE, NJ, NM, NY, OR, RI, SD, TN, WIAK, AZ, CT, IA, KS, MA, NY, OH, TNCT, IA, KS, ME, TN (OTB parlors, beano and bingo halls), MI, MN, NJ (including OTB parlors), NM, RI (including OTB parlors), WICO & TN (3 or fewer employees), CT (5 or fewer employees), ND (1 employee), NM (1 employee), OH (family owned and operated), UT (1 employee), VT (1 employee)

In Connecticut, Oregon, Montana, Utah, and Wisconsin, the state law preempts local governments from enacting stricter smoking bans than the state, though some cities and/or counties in some of those states have enacted local versions of the state's smoking ban. In the other 23 states with a statewide general smoking ban, some cities and/or counties have enacted stricter local smoking bans to varying degrees. In California, Connecticut, Delaware, Hawaii, Maine, New Jersey, North Dakota, Oregon, Utah, and Vermont, usage of e-cigarettes is prohibited indoors. The strictest smoking ban in the United States is in Calabasas, California, where smoking anywhere a non-smoker could congregate, including public sidewalks and apartment complexes, is a misdemeanor punishable by a fine of at least $250. [5]

Statewide smoking bans exempting adult-only venues

As of July 2017, six states ban smoking in most enclosed public places, but permit adult venues such as bars (and casinos, if applicable) to allow smoking if they choose: Florida, Idaho, Indiana, Louisiana, Iowa and Nevada. In Florida, state law preempts local governments from enacting stricter smoking bans than the state, though in Idaho, Indiana, and Louisiana, some cities and/or counties have enacted stricter local smoking bans to varying degrees, in some cases banning it in all enclosed workplaces. See individual state listings below for details.

Unique statewide smoking bans

As of July 2018, 5 states have enacted smoking bans in particular places that do not fit in the other categories:

States with no statewide smoking ban

As of July 2018, 12 states have not enacted any general statewide ban on smoking in workplaces and/or bars and/or restaurants: Alabama, Arkansas, Georgia, Kentucky, Mississippi, Missouri, Oklahoma, South Carolina, Texas, Virginia, West Virginia, and Wyoming. Instead, laws in most of these states (see individual state listings below for further information) require proprietors of certain places to designate smoking and non-smoking areas and post warning signage.

In Oklahoma and Virginia state laws prohibit local governments from regulating smoking more strictly than the state, making those states among the fewest in the nation without any legislated smoking bans. In the other ten states, cities and/or counties have enacted stricter smoking laws than the state, in some cases banning smoking in all enclosed workplaces. In Alabama and Mississippi, the state smoking law expressly allows all local governments to do so. In Alaska, Kentucky, Missouri, South Carolina, Texas, and West Virginia, a court has ruled that certain local governments have the power to do so. See the individual state listings below for details.

Smoking laws and non-states

In the District of Columbia, American Samoa, Puerto Rico and the United States Virgin Islands, smoking is banned in all enclosed public places, including bars and restaurants. Guam prohibits smoking in restaurants, but the ban doesn't extend to workplaces or any other businesses. The Northern Mariana Islands prohibits smoking in most workplaces and restaurants, but not in bars.

Smoking laws and the U.S. federal government

Although Congress has not attempted to enact a general nationwide federal smoking ban in workplaces, several federal regulations do concern indoor smoking. Effective April 1998, inflight smoking is banned by the United States Department of Transportation on all commercial passenger flights in the United States, and/or by American air carriers. [6] This was long after Delta Air Lines had banned smoking on all of its flights. On August 9, 1997, President Bill Clinton issued Executive Order 13058, banning smoking in all interior spaces owned, rented, or leased by the Executive Branch of the Federal Government, as well as in any outdoor areas under executive branch control near air intake ducts. [7]

Smoking laws of the United States by state or territory

Alabama

Alaska

American Samoa

Arizona

Arkansas

California

Effective January 1, 2004, California bill AB846 bans smoking within 20 feet (6.1 m) of the entrance or operable window of a public building ("public building" means a building owned and occupied, or leased and occupied, by the state, a county, a city, a city and county, or a California Community College district.) The law also prohibits smoking in state owned vehicles. [27] [28]

Additionally, effective January 1, 2008, smoking in a moving vehicle while in the presence of a minor (18 years or younger) is an infraction; the charge is not serious enough to be pulled over, and only can be cited along with a stricter offense, such as a moving violation or traffic accident. [29] [30]

Local jurisdictions may regulate smoking more strictly than the state. Many California communities have established smoke-free registries for private residential apartment buildings, which range from complexes where smoking is entirely prohibited (whether inside private dwellings or outside) to those where certain sections of dwellings may be designated as smoking dwellings. Most California cities allow landlords to regulate smoking at will.

In 2012, the California Legislature passed the following into law, California Civil Code Section 1947.5. (a) A landlord of a residential dwelling unit, as defined in Section 1940, or his or her agent, may prohibit the smoking of a cigarette, as defined in Section 104556 of the Health and Safety Code, or other tobacco product on the property or in any building or portion of the building, including any dwelling unit, other interior or exterior area, or the premises on which it is located, in accordance with this article. (b) (1) Every lease or rental agreement entered into on or after January 1, 2012, for a residential dwelling unit on property on any portion of which the landlord has prohibited the smoking of cigarettes or other tobacco products pursuant to this article shall include a provision that specifies the areas on the property where smoking is prohibited, if the lessee has not previously occupied the dwelling unit. (2) For a lease or rental agreement entered into before January 1, 2012, a prohibition against the smoking of cigarettes or other tobacco products in any portion of the property in which smoking was previously permitted shall constitute a change of the terms of tenancy, requiring adequate notice in writing, to be provided in the manner prescribed in Section 827. (c) A landlord who exercises the authority provided in subdivision (a) to prohibit smoking shall be subject to federal, state, and local requirements governing changes to the terms of a lease or rental agreement for tenants with leases or rental agreements that are in existence at the time that the policy limiting or prohibiting smoking is adopted. (d) This section shall not be construed to preempt any local ordinance in effect on or before January 1, 2012, or any provision of a local ordinance in effect on or after January 1, 2012, that restricts the smoking of cigarettes or other tobacco products. (e) A limitation or prohibition of the use of any tobacco product shall not affect any other term or condition of the tenancy, nor shall this section be construed to require statutory authority to establish or enforce any other lawful term or condition of the tenancy. (Added by Stats. 2011, Ch. 264, Sec. 2. Effective January 1, 2012.) [61]

Colorado

Connecticut

Two large casinos on Mohegan and Mashantucket Pequot tribal land, Mohegan Sun and Foxwoods, allow smoking in many areas of their properties. Employers may also designate an on-site designated smoking area for employees.

Delaware

District of Columbia

Florida

Georgia

Guam

Hawaii

Idaho

Illinois

HB 1310: a proposal in January 2012 to once again permit smoking in bars, casinos, adult entertainment venues, and private clubs failed in the Illinois House 30-82.

Chicago has had its own Clean Indoor Air Ordinance since 1988. [92] The Chicago Clean Indoor Air Act was updated to mention e-cigarettes in 2014, making it the first major U.S. city to legislate e-cigarette use. [93] The Chicago Park District's Board of Commissioners has discussed banning all forms of smoking in Chicago parks, beaches, play lots and other facilities, but there is not yet a municipal ordinance.

As of January 1, 2018, the minimum legal age to purchase tobacco products and e-cigarettes in unincorporated areas of Lake County, Illinois is 21 years. [94]

Indiana

Iowa

Kansas

Kentucky

Louisiana

Maine

Maryland

Massachusetts

Michigan

Minnesota

Mississippi

Missouri

Montana

Nebraska

Nevada

New Hampshire

New Jersey

See Smoke-Free Air Act.

New Mexico

New York

On January 21, 1908, the New York City Council had passed the Sullivan Ordinance, which would have banned women from smoking anywhere except their homes, but was vetoed by the Mayor within two weeks of its passage.

North Carolina

North Dakota

Northern Mariana Islands

Ohio

Oklahoma

Oregon

Pennsylvania

Puerto Rico

Rhode Island

South Carolina

South Dakota

Tennessee

Texas

United States Virgin Islands

Utah

Vermont

Illegal to smoke in a car with a passenger under age 8.

Virginia

Local governments are preempted from regulating smoking more stringently than the Act. [399] Effectively, the cost and complexity involved with complying with the law's requirements for separately ventilated smoking areas has meant that nearly all Virginia bars and restaurants operate completely smoke-free. Since 2006, smoking in state offices, vehicles, and buildings (except for correctional facilities) has been banned by executive order issued by the Governor of Virginia. [401] A law which came into effect on July 1, 2016 banned smoking in private cars with any occupants who are 8 years or younger. [402]

Washington

West Virginia

Wisconsin

[421]

Wyoming

See also

Related Research Articles

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Smoking ban in England

A smoking ban in England, making it illegal to smoke in all enclosed work places in England, came into force on 1 July 2007 as a consequence of the Health Act 2006. Similar bans had already been introduced by the rest of the United Kingdom: in Scotland on 26 March 2006, Wales on 2 April 2007 and Northern Ireland on 30 April 2007.

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Drug policy of California refers to the policy on various classes and kinds of drugs in the U.S. state of California. Cannabis possession has been decriminalized and is soon to be legalised following legislation changes, but its cultivation and sale remain criminal offenses, along with the possession, sale, and manufacture of harder drugs such as methamphetamine and cocaine. With respect to many controlled substances, terms such as illegal and prohibited do not include their authorized possession or sale as laid out by applicable laws.

The Smoke Free Illinois Act is a comprehensive anti-smoking law that took effect in Illinois on January 1, 2008, and bans smoking inside most buildings and vehicles used by the general public, used as a place of employment, or owned by the government or other public body. It also requires "no-smoking" signs, bans smoking within 15 feet (4.6 m) of openings in the targeted buildings, and requires at least 75% of rooms in each hotel to be non-smoking. It replaced the more limited Illinois Clean Indoor Air Act.

Smoking in Turkey is banned in government offices, workplaces, bars, restaurants, cafés, shopping malls, schools, hospitals, and all forms of public transport, including trains, taxis and ferries. Turkey's smoking ban includes provisions for violators, where anyone caught smoking in a designated smoke-free area faces a fine of 69 Turkish lira (~€15/$18/£13) and bar owners who fail to enforce the ban could be fined from 560 liras for a first offence up to 5,600 liras. The laws are enforced by the Tobacco and Alcohol Market Regulatory Authority.

SmokinginCanada is banned in indoor public spaces, public transit facilities and workplaces, by all territories and provinces, and by the federal government except Alberta. As of 2010, legislation banning smoking within each of these jurisdictions is mostly consistent, despite the separate development of legislation by each jurisdiction. Notable variations between the jurisdictions include: whether, and in what circumstances ventilated smoking rooms are permitted; whether, and up to what distance away from a building is smoking banned outside of a building; and, whether smoking is banned in private vehicles occupied by children.

Smoking in Ireland is banned fully in the general workplace, enclosed public places, restaurants, bars, education facilities, healthcare facilities and public transport. However, it is permitted in designated hotel rooms and there is no ban in residential care, prisons and in outdoor areas. Public opinion is in favour of the bans on smoking imposed in Ireland.

Tobacco is an agricultural product acting as a stimulant triggering complex biochemical and neurotransmitter disruptions. Its main ingredient is nicotine and it is present in all cigarettes. Early tobacco usage was for medical cures and religious purposes. In the 1990s, cigarette usage became increasingly popular when it was sold in mass amounts. The popularity of smoking increased and in 1964, the Surgeon General of the United States wrote a report concerning the dangers of cigarette smoking. In the United States, for the past 50 years efforts have been made so that the public should be aware of the risks of tobacco usage.

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