Fact sheet – Vaping and the law

Vaporisers have a number of legal issues associated with them and it is important that you are aware of your rights and responsibilities and who you need to talk to about any questions you may have.

You can talk to a lawyer for free at Tasmania Legal Aid.

To get for free legal information call 1300 366 611.

What is an e-cigarette/vaporiser?

E-cigarettes and vaporisers (commonly called ‘vapes’) are electronic devices which use battery power to turn a liquid into a vapor which is then inhaled.

Usually they are used to vaporise flavoured liquids which contain nicotine.

Can I have a vape?

Yes, you can have and use a vape but only if it does not have any nicotine in it.

If a vape contains nicotine it will be treated as a tobacco product.

You must be at least 18 years old to possess or use a tobacco product.

If the police believe it contains nicotine then you might be charged with an offence and you may be required to prove that it does not contain any nicotine.

Can I possess an e-liquid/vape juice?

Yes, you can have e-liquid/vape juice as long as it does not contain nicotine. If it does contain nicotine you cannot possess it unless you have a prescription for it.

It is an offence to possess e-liquid with nicotine in it if you do not have a prescription from a doctor.

Can I sell a vape which contains nicotine?

No, you cannot sell vapes that contain nicotine unless you have a licence to sell tobacco products. You cannot sell vapes to people under 18 even if you have a licence to sell other tobacco products.

Some useful contacts

Quit                           137 848  www.quit.org.au

Tasmania Police      131 444  www.police.tas.gov.au

Last updated: 30-November-2022