In Connecticut, Oregon, Montana, Utah, and Wisconsin, state law prevents local governments from enacting stricter smoking bans than the state, although 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 nationwide blanket smoking bans, 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, the use of e-cigarettes indoors is prohibited. The strictest smoking ban in the U.S. is in Calabasas, California, where smoking anywhere a non-smoker might congregate, including public sidewalks and apartment complexes, is an offense punishable by a fine of at least $250. [5] In December 2016, the U.S. Surgeon General released a report concluding that e-cigarette aerosol is not harmless and may contain nicotine and other harmful and potentially harmful chemicals. Sixteen states and the District of Columbia have added e-cigarettes to their smoke-free laws, and the American Lung Association is urging all other states to do the same. 4. Tonkin AM, Beauchamp A, Stevenson v. The importance of extinguishing second-hand smoke. Circulation.
2009;120;1339–1341. The SFAA makes virtually every workplace in New York smoke-free, with the following exceptions: Although the number of 100% smoke-free air laws in the states has increased over time, there are still opportunities for better protection against second-hand smoke.15 People can make their homes and vehicles smoke-free. and states can work to make all public places and workplaces smoke-free. Twenty-two states, Guam, the Northern Mariana Islands and Palau, do not yet have comprehensive smoke-free indoor air laws covering all bars, restaurants and construction sites. Local and state governments are responsible for deciding whether it is appropriate to address this issue through government action. Oklahoma is one of the states with a preemption law that prevents local authorities from enacting smoke-free indoor air laws that are stricter than state law. This forces the issue to be discussed at the state level. Haglund v. Philip Morris, 446 Mass. 741 (2006) “Because no cigarette can be safely used for its usual use, smoking, there can be no inappropriate use of cigarettes.” Learn more about smoke-free living, including tips on how to make your building smoke-free. In 22 states, residents are still not protected from second-hand smoke in all public places and workplaces.
The American Lung Association will continue to fight for comprehensive smoke-free laws, as no one should be exposed to second-hand smoke to earn a paycheck. In the United States, 28 states, Washington, Puerto Rico and the U.S. Virgin Islands, as well as hundreds of cities and counties, have passed comprehensive smoke-free laws covering workplaces, restaurants and bars. The states are: Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nebraska, New Jersey, New Mexico, New York, North Dakota, Ohio, Oregon, Rhode Island, South Dakota, Utah, Vermont, Washington, and Wisconsin.2 other states and Guam have enacted strict smoke-free laws for restaurants and bars: New Hampshire and North Carolina. Second-hand smoke is a toxic mixture of more than 7,000 chemicals, hundreds of which are toxic and at least 69 that cause cancer. The U.S. Surgeon General and public health officials around the world have documented overwhelming evidence of the deadly effects of secondhand smoke, according to a tobacco rights database compiled by Americans for Nonsmokers` Rights, which shows that 30 states, as well as the District of Columbia, Puerto Rico and the U.S. Virgin Islands have national laws requiring bars and restaurants to be 100% free of smoke.
As detailed in this list, smoking laws vary widely across the United States. Some places in the U.S. don`t regulate smoking at all, some ban smoking in some areas and not others, and some ban smoking almost everywhere, even outdoors (no state prohibits smoking in all outdoor public spaces, but some local jurisdictions do). As of July 1, 2017, 81.5 percent of the United States was American, according to the American Nonsmokers` Rights Foundation.
