New York Law Aims to Ban E-Cigs, Vape Pens Without Doctor’s Prescription

Adam Devine

The New York State Legislature is reviewing a bill that could significantly alter the accessibility of electronic cigarettes across the state. Introduced by Assembly Member Rosenthal, Bill No. A00187 proposes that individuals must obtain a prescription from a licensed physician to purchase electronic cigarettes.

This legislative move seeks to amend the Public Health Law, incorporating a new section, 1399-ddd, to enforce this requirement.

Under the proposed legislation, electronic cigarettes would be classified in the same manner as defined in subdivision thirteen of section thirteen hundred ninety-nine-aa of the Public Health Law. The bill stipulates that only individuals over eighteen, possessing a valid prescription from a licensed physician, will be allowed to acquire electronic cigarettes. Furthermore, the sale of electronic cigarettes would be restricted to licensed and registered pharmacies, as outlined in article one hundred thirty-seven of the Education Law.


The Department of Health Commissioner is tasked with developing rules and regulations to enforce this new section effectively. This initiative reflects the state’s effort to regulate the use and distribution of electronic cigarettes more strictly, aligning with broader public health objectives.

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