Nicotine
Legal Status
U.S. FEDERAL LAW #
Caution : All legal information should be verified through other sources. [see below]
U.S. FEDERAL LEGAL SUMMARY | |
Nicotine | |
REGULATED | Yes |
STATUS | Varies depending on product |
SCHEDULE | Un-Scheduled |
Nicotine is available over-the-counter in many forms and from many types of stores. Pure nicotine-containing products such as gums and patches are regulated very differently than tobacco-containing products such as cigarettes and chewing tobacco [see Tobacco Law]. Possession of nicotine is legal, although sales of most non-tobacco nicotine-containing products are regulated by the FDA as drugs. In most states is it illegal to sell or distribute nicotine-containing products to individuals under a certain age.
In March 2000 the United States Supreme Court ruled that the FDA does not have jurisdiction over tobacco products.
Nicotine is also sold in pesticides in many countries and is regulated under completely different rules for products not intended for human consumption.
In March 2000 the United States Supreme Court ruled that the FDA does not have jurisdiction over tobacco products.
Nicotine is also sold in pesticides in many countries and is regulated under completely different rules for products not intended for human consumption.
U.S. STATE LAW #
In the United States, there are federal rules and guielines, but each state also has
its own tobacco-product regulations. For information about tobacco-related laws, see the Tobacco Law Vault, this page is dedicated to nicotine-specific laws and regulations.
California #
Nicotine and tobacco can only be purchased by those age 21 and over. California bans the use and possession of nicotine-containing products in public schools and school activities (CALIFORNIA EDUCATION CODE SECTION 48900-48927). Vaporizers: Los Angeles County banned the use of nicotine vaporizers anywhere that smoking would be disallowed in March 2014, taking effect in April 2014. See http://the420times.com/2014/03/l-a-s-vape-ban-could-be-bad-news-for-mmj-users/. (thanks tpa) (last updated Sep 11, 2017)
Massachusetts #
"Massachusetts General Law chapter 94 section 307B and Department of Public Health Regulations 105 660.000 mandate that cigarette companies report each year to the Department the nicotine yield ratings for all cigarette brands with a U.S. market share of greater than 1.5%." (See CHANGE IN NICOTINE YIELDS 1998 - 2004, Massachusetts Department of Public Health)
If you have information about the legal status of this substance in any U.S. states, please let us know.
INTERNATIONAL LAW #
This section is for nicotine-chemical or purified extracts containing nicotine legal information. For information about tobacco-related laws, see the Tobacco Law Vault.
If you have information about the legal status of this substance in any other country, please let us know.
CAUTION & DISCLAIMER #
Erowid legal information is a summary of data gathered from site visitors, government documents, websites, and other resources. We are not lawyers and can not guarantee the accuracy of the information provided here. We do our best to keep this information correct and up-to-date, but laws are complex and constantly changing. Laws may also vary from one jurisdiction to another (county, state, country, etc)...this list is not comprehensive.