You Asked, We Got the Answer

THE NATOMAS BUZZ | @natomasbuzz

“Do vapor pens and / or electronic cigarettes have legal age limits?”
– anonymous via e-mail

North-area Sacramento Police Lt. Charles Husted responds:

“They do somewhat, yes & no. Health & Safety code 119405 prohibits the sale/furnish of these devices to anyone under the age of 18yrs old. However, that same section does not say anything about it being unlawful for minors to possess such devices. On a side note, Penal Code section 308(b) prohibits the possession of tobacco products by minors (among other things), however does not address e-cigarattes (nicotine devices).”

Adds Natomas Unified School District spokesman Jim Sanders:

“(School) Board Policy, section 5131.62(a), prohibits use of any product containing tobacco or nicotine – thus e-cigarettes. Board Policy also goes further by banning a delivery device capable of containing nicotine, so a vapor cigarette would not be permitted on campus even if its cartridge contained some other substance.

“The specific Board Policies read:

  • Students shall not possess, smoke, or use tobacco or any product containing tobacco or nicotine while on campus, while attending school-sponsored activities, or while under the supervision and control of district employees. Prohibited products include, but are not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chre packets and betel. (Education Code 48900, 48901)
  • Students’ possession or use of nicotine delivery devices, such as electronic cigarettes, is also prohibited.”

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