June 15, 2018

i can't vape where now?

Vaping has become more and more common over the last few years.  A poll taken back in 2015 revealed about 10% of Americans were vaping, and that number has only grown since then.  The number of people vaping nationwide could plateau in the coming years due to regulations that are being put into place.

Back in what we called the "Golden Era" of vaping, most states didn't have such stringent regulations concerning vaping.  Whether it be accessibility or the ability to vape wherever you please, the act of doing so was still so new that the laws haven't caught up.

Unfortunately, it is 2018 and many state governments are now cracking down on vapers and forcing avid users such as ourselves to keep our devices, flavors, and clouds out of certain establishments.  Establishments such as bars, restaurants, workplaces, college campuses, trains, and entire countries are all part of this list.  We'll explore each category and offer up some places where our passion can still be enjoyed freely.

BARS

The modern watering hole.  The pen-ultimate place for adults to mingle, kick their feet up, and relax after a hard day's work.  Once upon a time, people were allowed to smoke inside of bars.  In fact, most people still do...outside of the United States.  Within our Nanny State of a country most of us call home, state governments started banning smoking inside of bars.

Vapers thought they had found a way around that.  Common knowledge is that vapor does not produce harmful carcinogens the way combustible tobacco products do.  Therefore, one can vape freely within bars without facing any penalty.

Come August 8, 2016 however, and the FDA deems all vaping products, including BLVK Unicorn, a tobacco product and should therefore be treated under the same regulations as other products are.  Here's a basic Constitutional Law lesson - under Article VI of the Constitution, the Supremacy Clause mandates that Federal law supersedes State law, thus effectively removing the power of the state to determine which laws are to be enforced.

Following the announcement of vaping products to be classified as tobacco products, vaping is hereby banned in all public places (this includes bars and restaurants).  Here's where things get confusing - under the same Supremacy Clause, state and local governments are allowed to exercise the degree in which the law is to be enforced.

So what is it?  Can you vape in public places like bars and restaurants or not?  The simple answer is "NO" but while there are still some establishments that permit vaping in taverns, it's better to be safe than sorry.

RESTAURANTS

Similar to bars, restaurants visits have only skyrocketed since the days of the working professional.  Particularly so with Gen X and Millennials literally working themselves ragged, who actually has time to cook their own food?  Anyways, like bars, restaurants also allowed people to smoke inside the establishment as recently as a couple decades ago.

Eventually, smoking was banned from restaurants too.  The CDC published the official campaign for the dangers of secondhand smoke.  By January 1, 2008, it became federal law that smoking is not permitted in restaurants.

You can strike off restaurants the next time you feel the need to chuck a cloud right after inhaling your burger.

the office

While smoking in the workplace used to be fairly common, most people would never even dream about smoking at work in 2018.  Unless you work outdoors, or work that seemingly glamorous club scene surrounded by tons of people smoking in your face, the idea of smoking on the job is just ludicrous.

The same goes for vaping.  Initially, vapers didn't hesitate to shoot an "O" to their fellow cubicle mate as a friendly reminder to read the memo.  In many cases, with a carefully-crafted inhale followed by a series of ghosts, one can get away with exhaling an unnoticeable strand of vapor while continuing to slave away throughout the day.

As predictable as you might otherwise guess, states started to catch onto this and before long vaping was banned from most workplaces.  States like our home state California, effectively banned vaping in the workplace as of 2016.  There are some workplaces, such as BLVK Unicorn among other vape industry places of businesses, that allow it.

If you are unsure about vaping at your place of work, a simple question to the boss or Human Resources should suffice.  The worst thing that can happen would be a simple no - to which case, you'd probably be safe vaping outside while maintaining a 20-foot distance away from any doors or windows.

COLLEGE CAMPUSES

Oh the wonders that a college experience holds.  Not only does it give you a piece of paper that tells the rest of society how skilled you are in a particular field (or not), but it's also the place for many first "experiences." We won't go into detail of what those experiences might consist of, but we will mention what you CANNOT experience on a number of college campuses - smoking!

While there are plenty of college campuses that still allow students to vape freely, as long as it is done outdoors and away from buildings, some universities have taken the liberty away from us avid vapers.  Back in 2014, the University of California joined 1,500 other colleges in the total ban of smoking on its campuses.  We're more than sure that the number of campuses has only risen since the ban was announced.

In fact, as one of our writers here at BLVK Unicorn has experienced as a student at the University of California Santa Cruz at the time of the ban, smokers and vapers alike were effectively forced to trek into the forest just to take a puff or two to satisfy our respective nicotine fix.  While this proved to be an inconvenience, it was the price to pay if we wanted to continue our lifestyle.

If you think California universities received a harsh awakening, Iowa is one state that has completely banned smoking on all public and private campuses.  Never mind the fact that University management banning vaping, let's just have the state government mandate that for us.

More likely than not, your university is destined to have some degree of regulation regarding smoking on campus.  Check the rules, don't be a rebel and ignore them.  You'll most likely face penalties should you do so.

PUBLIC TRANSPORTATION

Let us reiterate here - as of 2016, the FDA ruled vaping as a tobacco product.  Under the regulations surrounding the ruling, vaping, like smoking, cannot be engaged upon in public places.  So no, you cannot legally pull out your e-cigarette and chuck a cloud on a bus or train.

entire countries

It's a no-brainer that if you are to compare the United States and other countries such as those belonging to the European Union, us Americans live in what is called a "Nanny State."  Consider this however: there are entire countries on this planet of ours where vaping is 100% illegal and not allowed anywhere, much less in public places.  Here is a list of popular destinations countries where vaping is banned:

  • Argentina:  The use and sale of e-cigarettes and vaping accessories are illegal.
  • Brazil: The use and sale of e-cigarettes and vaping accessories are illegal.
  • Indonesia: The only way around this is that the Indonesian government does not enforce the ban with e-cigarettes being openly sold in tourist-populated areas.
  • Singapore: All vaping products are illegal to buy, sell, or use.  Even possessing a device in your luggage could land you in trouble with authorities.
  • Thailand: The maximum penalty for vaping is ten years in prison.   There is generally an unspoken rule for tourists that suggest otherwise but let's not bank on that.
  • Turkey: Vaping in Turkey is "technically" banned.  There is generally an unspoken rule for tourists that suggest otherwise but let's not bank on that.
  • Uganda:  The use and sale of e-cigarettes and vaping accessories are illegal.
  • Venezuela:  The use and sale of e-cigarettes and vaping accessories are illegal.
  • Vietnam: The use and sale of e-cigarettes and vaping accessories are illegal.

This list is not exhaustive.  This list also does not include countries with limitations to their rules.  Be sure to check up on laws before you plan a trip abroad!

so where can i vape?

This article did list a fairly detailed list of where you cannot vape.  Luckily, here in the United States and MOST European countries, vaping is legal and can be enjoyed with little to no restriction.  Always, exercise caution and stay informed should rules change.  Happy vaping!


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