Views on the legal age to start vaping

[zouzounaki]

Lots of confusion / disinformation on the laws relating to smoking in the UK.
From what I believe to be right is this.
The legal age to buy cigarettes etc is 18.
The legal age to smoke in public is 16, and the police have the power to confiscate them from a person who appears to be under 16.
In private, for example in my house, there is no legal age for smoking.

As far as vaping goes, the same age (18) applies to buying equipment, and juice.
However as far as I know there is no legal age for vaping whatsoever.

With this minefield, of from my opinion ill defined confusing regulations, I am glad that my daughter turned 16 in the latter part of last year.
She does have a vaper, but I am in charge of juice, and it is only 0mg.

I’m not so sure about that. If you were to buy cigarettes for a person under 18, regardless of where they smoke them, that in itself would be a criminal offence. Likewise it’s a criminal offence to smoke in a private vehicle in the company of anyone who is under 18. In Scotland only it’s illegal to purchase an e-cigarette for anyone under 18.

 

[Fuctifino]

As far as vaping goes, the same age (18) applies to buying equipment, and juice.
However as far as I know there is no legal age for vaping whatsoever.

With this minefield, of from my opinion ill defined confusing regulations, I am glad that my daughter turned 16 in the latter part of last year.
She does have a vaper, but I am in charge of juice, and it is only 0mg.

I "think" or am pretty sure you have to be 18 to vape in public

what you get up to or allow in your own home is another matter
(though there might be limits regarding child welfare/protection - extreme example giving an infant a fag/vape)

regarding purchasing stuff.....

There are "possible" loopholes in this legislation....
Not saying same rules applies but I'll use a BB Gun or Airsoft gun as an example
in about 2007 new legislation was introduced to satisfy do-gooder MP's concerned over Imitation Firearms etc....
Unless you can provide a valid "defense" - recognised airsofter, or valid reason you can not buy a black toy M4 BB Gun
You can buy a two-tone - painted M4 AK that is easily recognised as a toy/fake gun & not a firearm etc....
PROVIDED YOU ARE OVER 18 (like vaping)

To buy a realistic (RIF) and not an immitation/toy (IF) firearm as classified by the 2007 VCRA act
you need a "defense" of some description for UK purchases (exludes ROI of course)

Now an adult can buy a 2-tone IF or a realistic gun RIF and GIFT it to their kid for example - 101% legit
yup little Jimmy can actually own a black M4 BB gun that was gifted by an adult (with defense)
or a 2-tone IF gun bought by parent/adult on their behalf - no law is broken

Also if you own an old black M4 before 2007 VCRA came into force you can keep/gift it to whoever you like

Golden rule regarding VCRA & u18's....
You can GIFT a BB gun to u18's BUT you can NOT SELL/TRADE one to u18's
It HAS to be a GIFT - no money/items changing hands

ergo - if there is a loophole with vaping like BB guns then it will likely be GIFTING only
If anybody sells a prohibited item to a person under age then that seller is breaking the law
(including an adult or a child selling on a prohibited item to another u18 or no defense etc...)
Yeah - there are certain loopholes in some instances but tread carefully or you could be liable

Not saying for 101% certain that an adult can legally buy and "gift" vape stuff to u18
(as to vape in public you have to be 18, though in your own home anything goes (almost))
but giving an example of certain cases that confuses matters more

As said, in your own home the law may not apply to the letter so much
BUT in certain extreme cases there might be a welfare matter of the child to take into consideration

For the record I'm not judging anybody or parent
I would prefer my 16 year old to take up vaping than smoking or other shit
but ideally not take up any crap until they are legal age if possible

I'm not judging you at all (honest), think I would consider it also if the situation arose tbh

 

[IntenseVaper619INIT]

If it was serious research, you would want a randomised sample surely, and not a bunch of people on a vaping forum.
i could be wrong, in which case it is poorly designed, though better than other student surveys i have seen on here, I would give it a C+

I´m not being tested on the validity of the results or how i obtained them, i am only being graded on the analysis of my research.

 

[MavicP]

Done. Personally, I do think that if a minor has a nicotine habit, they should be encouraged to use any means to quit and that includes the far less harmful pursuit, of vaping. I don't get however, why a minor should be vaping as a stand alone fashion trend and I base that on a personal experience, where my son's sister in law, (17 years old), suddenly decided that vaping was cool. I'm not aware that she ever smoked in the first place, so in that instance, no, she shouldn't be vaping.
Vaping should be seen as a positive means of harm reduction in relation to smoking, yet even in my sleepy town, in the North of Scotland, vaping, (or drinking ejuice), has already been blamed for a school pupil becoming partially paralysed. The truth in that story was, that they had also consumed different drugs and the vape connection to that story, was spurious at the very least and complete rubbish at best.
Legislation and age restrictions didn't prevent that, so only education is the answer.

 

[Lord Grim]

I´m not being tested on the validity of the results or how i obtained them, i am only being graded on the analysis of my research.

So then presumably,any advice given by us can and likely will be ignored? And equally, an answer of ‘P’Tang’ to every question will require analysis?
From your answer, I can only assume that you don’t need us at all, you could easily have asked a Kwik Fit Fitter if you can get quicker. (You can’t, apparently, to save you some research)

 

[Fuctifino]

Would have helped if you first correctly established the vaping age was 18 not 16

TBF - asking the community was imho the correct thing to do
as the general public/non-smokers/vapers are a bit ignorant unless they read it in the Daily Mail etc.....

Think the general feeling is it should remain at 18 (even though "smoking" in England/Wales is 16)
The possible loophole of "gifting" vape stuff MAY exist but don't quote me as I'm not a lawyer
But the analysis is going to be rather straight forward - should remain at 18 as is

As stated adulthood is "generally" defined as 18 is most instances

 

[Badboybez]

I’m not so sure about that. If you were to buy cigarettes for a person under 18, regardless of where they smoke them, that in itself would be a criminal offence. Likewise it’s a criminal offence to smoke in a private vehicle in the company of anyone who is under 18. In Scotland only it’s illegal to purchase an e-cigarette for anyone under 18.

Yeah, if I were to "buy cigarettes for a person under 18" then yes I would be breaking the law.
But this is the laughable state of the law, if on the other hand I bought 20 cigarettes, and randomly gave a few out for free to each random youth I came across in the street I would not have broken any law, if they then consequentially lit them up in the street & they were 16, they would not have broken any law either.
The law about buying cigarettes for someone under 18 was introduced to put a stop to the practice of youngsters hanging around outside newsagents, and offlicences asking people if they could buy them a packets of cigarettes if the kid gave them they money.

 

[Badboybez]

I "think" or am pretty sure you have to be 18 to vape in public

what you get up to or allow in your own home is another matter
(though there might be limits regarding child welfare/protection - extreme example giving an infant a fag/vape)

regarding purchasing stuff.....

There are "possible" loopholes in this legislation....
Not saying same rules applies but I'll use a BB Gun or Airsoft gun as an example
in about 2007 new legislation was introduced to satisfy do-gooder MP's concerned over Imitation Firearms etc....
Unless you can provide a valid "defense" - recognised airsofter, or valid reason you can not buy a black toy M4 BB Gun
You can buy a two-tone - painted M4 AK that is easily recognised as a toy/fake gun & not a firearm etc....
PROVIDED YOU ARE OVER 18 (like vaping)

To buy a realistic (RIF) and not an immitation/toy (IF) firearm as classified by the 2007 VCRA act
you need a "defense" of some description for UK purchases (exludes ROI of course)

Now an adult can buy a 2-tone IF or a realistic gun RIF and GIFT it to their kid for example - 101% legit
yup little Jimmy can actually own a black M4 BB gun that was gifted by an adult (with defense)
or a 2-tone IF gun bought by parent/adult on their behalf - no law is broken

Also if you own an old black M4 before 2007 VCRA came into force you can keep/gift it to whoever you like

Golden rule regarding VCRA & u18's....
You can GIFT a BB gun to u18's BUT you can NOT SELL/TRADE one to u18's
It HAS to be a GIFT - no money/items changing hands

ergo - if there is a loophole with vaping like BB guns then it will likely be GIFTING only
If anybody sells a prohibited item to a person under age then that seller is breaking the law
(including an adult or a child selling on a prohibited item to another u18 or no defense etc...)
Yeah - there are certain loopholes in some instances but tread carefully or you could be liable

Not saying for 101% certain that an adult can legally buy and "gift" vape stuff to u18
(as to vape in public you have to be 18, though in your own home anything goes (almost))
but giving an example of certain cases that confuses matters more

As said, in your own home the law may not apply to the letter so much
BUT in certain extreme cases there might be a welfare matter of the child to take into consideration

For the record I'm not judging anybody or parent
I would prefer my 16 year old to take up vaping than smoking or other shit
but ideally not take up any crap until they are legal age if possible

I'm not judging you at all (honest), think I would consider it also if the situation arose tbh

My belief is that it is legal for someone who is 16 to vape in public (and possibly no age limit) particularly if it is using zero nicotine juice.
So you, and I are at a stalemate there.

I really don't see how the laws on air propelled weapons in any form are relevant to this.

 

[Fuctifino]

My belief is that it is legal for someone who is 16 to vape in public (and possibly no age limit) particularly if it is using zero nicotine juice.
So you, and I are at a stalemate there.

I really don't see how the laws on air propelled weapons in any form are relevant to this.

First of all explain to me just how the nicotine level of a juice can be easily verified by a the law enforcement
In actual fact there is no real law prohibiting vaping for u18's or even under 16's in fact
though I was trying to avoid this, there is no actual age restriction at all in UK to vape in public - only to purchase

Secondly I gave the VCRA example of a work around possible loophole and still be legal to own a BB gun
(does not allow anybody to openly carry that device in public, let alone use it in public places eg: park)
The law applies to sale and usage of a device in public places - NOT ownership as such in private households

Because UK law has been passed the law for purchasing vaping products stands as 18
(only to purchase)

So on that note the BB gun example is completely valid as it covers the purchasing of restricted devices
plus like a BB gun, the seller is breaking the law if they sell (new or s/hand devices)
Gifting devices is a likely work around like BB Guns, but if we sell on our equipment we will need to ensure 18 etc...
ergo the VCRA act & vaping legislation are very similar in purchasing of said restricted items

UK law is 18 to purchase vaping stuff & "generally" accepted as the age to both purchase & use
(I assume this is to prevent bad press on young vapers etc....)

As I stated earlier our UK laws are a little daft at times

 

[Badboybez]

Would have helped if you first correctly established the vaping age was 18 not 16

TBF - asking the community was imho the correct thing to do
as the general public/non-smokers/vapers are a bit ignorant unless they read it in the Daily Mail etc.....

Think the general feeling is it should remain at 18 (even though "smoking" in England/Wales is 16)
The possible loophole of "gifting" vape stuff MAY exist but don't quote me as I'm not a lawyer
But the analysis is going to be rather straight forward - should remain at 18 as is

As stated adulthood is "generally" defined as 18 is most instances

But what would be "generally" as adulthood ?
The age of sexual consent is 16.
The age for buying Tobacco products is 18, but you can use them at 16.
The age for buying alcohol is 18, but you can consume it at 16 if the premises serve food.
You can vote at 18.
You can buy vape kit at 18, but my interpretation of the law is that you can use it at 16.
You can drive a car at 17.
You can't supervise a learner driver until you are 21.