Can You Vape in Illinois? The Short Answer
Yes, with moderate restrictions:
- 21+ age requirement - State and federal T21
- 15% wholesale tax statewide
- Indoor vaping banned since 2024 (Smoke Free Illinois Act)
- No statewide flavor ban - But Chicago bans flavors
- Chicago extra taxes - Additional $1.50+ per unit
- Online sales permitted with restrictions
Illinois is in the middle of the pack - not as strict as California or New York, but stricter than neighboring states. Chicago has its own additional restrictions.
Illinois Vaping Laws: The Legal Framework
Key Legislation
| Law | Effect |
|---|---|
| Smoke Free Illinois Act (amended 2024) | Indoor vaping ban |
| Tobacco Products Tax Act | 15% wholesale tax |
| Prevention of Tobacco Use by Minors Act | 21+ age requirement |
| Chicago Municipal Code | City flavor ban, extra taxes |
| Cook County ordinances | Additional county taxes |
Regulatory Bodies
- Illinois Department of Public Health (IDPH) - Policy, enforcement
- Illinois Department of Revenue - Taxation
- Chicago Department of Public Health - City rules
- Local health departments - Enforcement
Timeline of Changes
| Date | Change |
|---|---|
| July 2019 | Illinois adopts Tobacco 21 |
| 2020 | 15% wholesale tax implemented |
| January 2024 | Indoor vaping ban (Smoke Free Illinois amendment) |
| 2024 | Chicago flavor ban enacted |
The 2024 Indoor Vaping Ban
What Changed
Illinois amended the Smoke Free Illinois Act to include vapor products:
Now banned in:
- All indoor workplaces
- Restaurants and bars
- Retail stores and malls
- Hotels (common areas, most rooms)
- Public transit and stations
- Schools and universities
- Healthcare facilities
- Government buildings
- Gaming facilities
- Sports arenas and theaters
Exemptions
Limited exemptions may include:
- Vape shops - For testing/sampling only
- Tobacco stores - Age-restricted retail
- Private clubs - Some restrictions
- Hotel smoking rooms - If designated
Penalties
| Violation | Penalty |
|---|---|
| Individual vaping in prohibited area | $100-$250 fine |
| Business allowing vaping | $250 first offense, up to $2,500 |
| Repeat business violations | License suspension possible |
Chicago's Flavor Ban
What Chicago Bans
Since 2024, Chicago prohibits the sale of:
- Fruit-flavored vapes
- Candy/dessert-flavored vapes
- Mint-flavored vapes
- Any flavor except tobacco and menthol
What's Legal in Chicago
- Tobacco-flavored e-cigarettes
- Menthol-flavored e-cigarettes
- All hardware (devices, mods)
- Unflavored/DIY supplies
Chicago vs. Rest of Illinois
| Aspect | Chicago | Rest of Illinois |
|---|---|---|
| Flavors | Tobacco/menthol only | All flavors legal |
| Indoor ban | Yes | Yes |
| Age | 21 | 21 |
| Extra taxes | Yes ($1.50+ per unit) | State tax only |
Enforcement
- Chicago Department of Public Health conducts inspections
- Fines for retailers selling banned products
- License consequences for violations
Taxes in Illinois
State Tax
| Tax | Rate |
|---|---|
| Vapor products wholesale tax | 15% |
| State sales tax | 6.25% |
Chicago/Cook County Taxes
| Tax | Rate |
|---|---|
| State wholesale tax | 15% |
| Cook County e-cigarette tax | $0.20 per mL of liquid |
| Chicago e-cigarette tax | $1.50 per unit/container |
| Local sales tax | Up to 10.25% combined |
Impact on Prices
In Chicago: A disposable vape that costs $15 elsewhere might cost $20-25 in Chicago after all taxes.
Downstate Illinois: Prices more moderate, only 15% wholesale + sales tax.
What Can You Buy in Illinois?
Statewide (Outside Chicago)
Available:
- All flavored vapes
- Disposables
- Pod systems
- E-liquids (all flavors, strengths)
- Hardware
In Chicago
Available:
- Tobacco and menthol flavors only
- All hardware
- DIY supplies
Pricing (Approximate)
| Product | Downstate | Chicago |
|---|---|---|
| Disposable vape | $12-20 | $18-28 |
| Pod system | $30-50 | $40-60 |
| E-liquid 30mL | $18-28 | $25-35 |
| Pod refills (2-pack) | $15-22 | $20-28 |
Where to Buy
Chicago:
- Vape shops (tobacco/menthol only)
- Tobacco stores
- Some convenience stores
Springfield, Peoria, Rockford, other cities:
- Vape shops (all flavors)
- Tobacco retailers
- Some gas stations
Online:
- Ships to Illinois addresses
- Full flavor selection (be aware of Chicago rules)
- Age verification required
Where Can You Vape in Illinois?
Statewide Indoor Ban
Since January 2024, vaping is banned in:
- All indoor public places
- All indoor workplaces
- Restaurants (indoor)
- Bars (indoor)
- Casinos and gaming facilities
- Hotels (most areas)
- Public transportation
Chicago Specific
Additional Chicago restrictions:
- All indoor venues
- CTA platforms and stations
- Within 15 feet of building entrances (some buildings)
- Parks - Many Chicago Park District properties
Beaches:
- Chicago beach vaping rules vary
- Many beaches prohibit smoking/vaping
- Check posted signs
Outdoor Rules
Generally permitted:
- Sidewalks (away from entrances)
- Private property
- Most outdoor areas
- Parking lots
May be restricted:
- Near building entrances (varies)
- Outdoor dining areas (establishment policy)
- Parks (check local rules)
- Beaches (check posted rules)
University Campuses
- University of Illinois - Tobacco-free campus including vapes
- Northwestern - Smoke/vape-free
- UIC - Smoke/vape-free
- Most Illinois universities restrict vaping
Illinois vs. Neighboring States
| State | Flavor Ban | Excise Tax | Indoor Ban | Age |
|---|---|---|---|---|
| Illinois | Chicago only | 15% wholesale | Yes (2024) | 21 |
| Indiana | No | None | Limited | 21 |
| Wisconsin | No | 5 cents/mL | Yes | 21 |
| Iowa | No | None | Yes | 21 |
| Missouri | No | None | Limited | 21 |
| Kentucky | No | $1.50/mL closed, 15% open | Yes | 21 |
Illinois is stricter than Indiana and Missouri but more moderate than states with full flavor bans.
Online Purchasing
Shipping to Illinois
- Most vendors ship to Illinois
- Age verification required
- Full flavor selection available
- Chicago residents - May still receive flavors (enforcement focuses on retail)
Considerations
- Chicago delivery - Technically flavored products can't be sold in city
- State tax - May or may not be collected
- Age verification - Required at checkout and often delivery
- PACT Act - Applies to all tobacco/vape shipments
For Travelers
Driving Through Illinois
- Don't vape in indoor rest stops
- Gas stations - Outdoor only
- I-55, I-57, I-90 corridors - Rest areas follow indoor ban
Flying Into Illinois
O'Hare (ORD) and Midway (MDW):
- No vaping inside terminals
- Outdoor areas only
- Duty-free has limited vape options
Regional airports:
- Similar rules, outdoor only
Hotels
- Most Chicago hotels are 100% smoke/vape-free
- Downstate hotels may have smoking rooms (check)
- Balconies may be permitted (ask)
Illinois Vaping Laws: Key Takeaways
- 21+ age requirement - State and federal law
- 15% wholesale tax statewide
- Indoor vaping banned since January 2024
- No statewide flavor ban - Flavors legal in most of Illinois
- Chicago bans flavored vapes - Tobacco/menthol only in city
- Chicago has extra taxes - $1.50+ per unit additional
- Cook County taxes - Additional 20 cents per mL
- Online sales available - Most vendors ship
- University campuses - Generally tobacco/vape-free
- Outdoor vaping generally permitted away from entrances
References
- E-Cigarettes and Vapes – Illinois Department of Public Health
- Smoke Free Illinois Act – IDPH
- Illinois E-Cigarette Regulations – Public Health Law Center
- Chicago Municipal Code – Tobacco Regulations
Looking for vaping laws in other states? Check our complete vaping laws guide for more locations.
