Tobacco Use

Alaska

Last Updated: 1/1/2006

Statute 18.35.305 (1990) prohibits any form of smoking in a public or private elementary or secondary school. Similarly, Statute 18.35.320 (1990) allows designated indoor or outdoor smoking areas that are properly ventilated or equipped with an exhaust fan in a public elementary or secondary school room where minors are not permitted. Statute 18.35.330 (1990) requires the displaying of smoking and no smoking signs.


Alabama

Last Updated: 10/18/2006

Administrative Code 290-3-1.02(1)(b)(3) (1998) effective with the 1995-96 school year and thereafter, requires local boards of education to adopt a uniform policy prohibiting the use of tobacco products on school property and prescribing specific penalties for violating this policy.


Arkansas

Last Updated: 5/17/2009

Code 6-21-609 (1999) prohibits smoking or use of tobacco products on any property owned or leased by the school district. A copy of the policy shall be posted at the entrance of every building owned or leased by the public school and on every school bus used to transport public school students.


Arizona

Last Updated: 4/28/2008
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ARS 36-798.03 (2000) prohibits the use of tobacco on school grounds, in school buildings, in school parking lots or playing fields, in school buses or vehicles or at off-campus school sponsored events. Note: Arizona meets CDC's definition of a comprehensive tobacco-free schools policy.


California

Last Updated: 2/25/2009

Education Code 48901 (1986) states that no school shall permit the smoking or use of tobacco, or any product containing tobacco or nicotine products, by pupils of the school while the pupils are on campus, or while attending school-sponsored activities or while under the supervision and control of school district employees.

Education Code 48900 (2007) states that only with the superintendent's or principal's determination that a pupil has possessed or used tobacco, or any products containing tobacco or nicotine products may a student be suspended or recommended for expulsion from school.

According to the California Health and Safety Code 104420, local education agencies that are certified as having a fully implemented tobacco-free school district board policy are eligible to apply for funding. The policy must prohibit the use of tobacco products, any time, in district-owned or leased buildings, on district property and in district vehicles.


Colorado

Last Updated: 8/11/2008
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Statute 25-14-103.5 (1998) mandates each school district to adopt policies and rules prohibiting the use of all tobacco products by students, teachers, staff, and visitors on all school property which includes school grounds and school transportation vehicles. Signs are to be prominently posted on all school property.


Connecticut

Last Updated: 10/25/2011

Statute Chapter 368, Section 19a-342 (2004) states that smoking is prohibited in public places including school buildings while school is in session or student activities are being conducted and requires signs to be posted in each building stating that smoking is prohibited by state law. Statute Chapter 943, Section 53-198 (1959) prohibits smoking on school buses.


District of Columbia

Last Updated: 4/28/2013

Section B2502.3 of Chapter B25 of Title 5 in the D.C. Municipal Regulations (DCMR) (2009) lists “possession or use of tobacco” as a Tier III behaviors that, in addition to lesser consequences, may result in either on-site or off-site suspension.


Delaware

Last Updated: 4/28/2008
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Code 16:29-2903 (2002) prohibits smoking in public and nonpublic schools. Administrative Code 14:877 (2003) requires each school district and charter school to have a policy that prohibits the use of or distribution of tobacco products in school buildings, on school grounds, in school leased or owned vehicles, even when they are not used for student purposes, and at all school affiliated functions.  Note: Delaware meets CDC's definition of a comprehensive tobacco-free schools policy.


Florida

Last Updated: 4/23/2013

Statute 386.212 (2002) prohibits any person under the age of 18 to smoke tobacco in, on, or within 1,000 feet of school property between the hours of 6:00 a.m. and midnight.

Statute 386.289 (2011) expressly preempts regulation of smoking to the state and supersedes any municipal or county ordinance. School districts, however, may further restrict smoking by persons on school district property.


Georgia

Last Updated: 7/28/2009

Code 31-12A-4(10) (2005) prohibits smoking in enclosed public spaces, the definition of which includes public schools.


Hawaii

Last Updated: 1/9/2006

Rule §8-31-3 (1993) prohibits smoking and use of other tobacco products at all times in all school buildings, facilities, and school vehicles. Education Rule §8-31-4 (1993) requires the principal to give written notice by letter to all students enrolled in community schools and to school employees and to post written signs for all visitors and guests stating that the school is a tobacco-free school. HRS §302A-102 (2004) also prohibits the use of tobacco at all public schools or at public functions. However, the department is also to provide breaks throughout the work day for public employees during which they may smoke at off-campus locations.


Iowa

Last Updated: 11/29/2010

Code 142D requires smoke free air with penalties. Prohibits smoking in school districts and anywhere on school grounds. Code 279.9 prohibits the use of tobacco by any student and allows the local board to suspend or expel a student for violation of this code. The school accreditation standards, 281 IAC 12.3(6), requires school boards to adopt student responsibility and discipline policies on the use of tobacco.


Idaho

Last Updated: 2/28/2013

The Idaho Clean Indoor Air law, Statutes 39-5501 through 5506 (2002) prohibits the smoking of tobacco products in "public or private elementary or secondary school buildings and educational facilities and within twenty (20) feet of entrances and exits of such buildings or facilities."


Illinois

Last Updated: 10/24/2006

105 ILCS 5/10-20.5b (1995) prohibits the use of tobacco on school property by any school personnel, student, or other person when such property is being used for any school purposes.


Indiana

Last Updated: 10/30/2007

Indiana’s Clean Indoor Air Law, Code 16-41-37 (2003) allows smoking to be restricted to designated areas in schools but prohibits smoking on school buses during the school week.


Kansas

Last Updated: 11/20/2011

Statute 72-53,107 (1988) prohibits the use of tobacco products in school buildings.


Kentucky

Last Updated: 5/22/2013

KRS 438.050 (1988) imposes a fine of between $1 to $5 on a person who smokes tobacco products in any school building or on school property when children are present. The board of education may, but is not required to, designate smoking areas for school employees, if outside of facilities where children are educated.


Louisiana

Last Updated: 12/8/2008

RS 17:240 (1994) prohibits the use of tobacco in any elementary or secondary school building and on any school bus transporting children attending a public school. The statute also prohibits the smoking or carrying of tobacco products, except in designated smoking areas.  R.S. 40:1300.256 (2006) prohibits smoking in any school.


Massachusetts

Last Updated: 11/22/2006

General Law 71.2A (no date available) states that it is unlawful for any primary or secondary public school student to use tobacco of any kind on school grounds during normal hours. General Law 71:37H (no date available) also prohibits the use of any tobacco product within school buildings, school facilities or on school grounds or buses by any individual including school personnel.


Maryland

Last Updated: 11/23/2011

State Board of Education Regulations 13A.02.04.01, 13A.02.04.02, 13A.02.04.03, 13A.02.04.04, 13A.02.04.05, 13A.02.04.06, and 13A.02.04.07 (1992) prohibit the sale or use of tobacco in any form in school buildings at all times.  Additionally, the sale or use of tobacco in any form is prohibited on school grounds during the official school day.  The regulation requires each local school system to post notification to students, staff, and the general public that school buildings and grounds are tobacco free.  The regulations further required the Maryland State Department of Education to develop guidelines to assist local school systems in implementing a tobacco-free environment.  In addition to the Tobacco-Free School Environment, State Board of Education Regulation 13A.08.01.08 (2003) prohibits students from possessing or using tobacco in any form on school property.


Maine

Last Updated: 6/4/2013

Title 20-A §1001. 15  (2011) prohibits students from smoking, using, possession, selling, or distributing tobacco products. Violation of this policy can result in disciplinary action up to and including suspension from school.


Michigan

Last Updated: 5/12/2008

Michigan Penal Code 750.473 (1993) prohibits the use of tobacco products on school property except in outdoor areas, including open-air stadiums, during the weekend hours or other days on which there are no regularly scheduled school hours, and after 6 p.m. on regular school days.

The State Board of Education's Policy on 24/7 Tobacco-Free Schools (2005), which builds off of their Policy on the Management of Asthma in Schools (2005), recommends schools to develop and adopt tobacco-free policies and practices. This policy should apply 24 hours per day, 7 days per week, on all school property, in any school transportation vehicle, and at school-sponsored events on or off school property.


Minnesota

Last Updated: 1/22/2006

Statute 144.412 (1987) prohibits smoking in areas where children are present and Statute 144.4165 (1999) specifically prohibits tobacco products in a public school. Statute 123B.93 (2003) further prohibits the advertisement of tobacco products on school buses. It is unlawful for youth under age 18 to use, possess, or sell tobacco as per Statute 609.685 (2000) of the Criminal Code.

Statute 121A.26 (1998) specifies that each public and non-public school participating in a chemical abuse program must have a pre-assessment team of school administrators and student services staff, and Statute 121A.29 (1998) requires teachers to report known or suspected chemical use by a student to the pre-assessment team.


Missouri

Last Updated: 10/6/2011

Revised Statute 191.775 (1993) prohibits the use of tobacco in any indoor area of a public elementary or secondary school building or on buses used to transport student to or from school. The school board may, however, set policies permitting the use of tobacco in non-classroom or non-student facilities, on school grounds or outdoor areas the school board considers appropriate.


Mississippi

Last Updated: 4/28/2008
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Criminal Code §97-32-9 (2000) prohibits students from possessing tobacco on any educational property. Code §97-32-29 (2000) further prohibits the use of tobacco on any educational property for adults who, if in violation, would be subject to a fine and issued a citation by a law enforcement officer.


Montana

Last Updated: 11/27/2011

MCA 20-1-220 (2005) prohibit the use of tobacco products in a public school building or on school property.


North Carolina

Last Updated: 4/28/2008
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Statute §115C-407 (2007) requires local boards of education to adopt, implement and enforce a written policy prohibiting smoking at all times by any person in school buildings, in school facilities, on school campuses, and in or on any other school property owned or operated by the local school administrative unit. The policy shall prohibit the use of all tobacco products by persons attending a school-sponsored event at a location not listed in the statute when in the prescence of students or school personnel or in an area where smoking is otherwise prohibited by law. The policy must include adequate notice to students and school personnel, posting of signs prohibiting the use of tobacco at all times by any person in and on school property, and a requirement that school personnel enforce the policy.


North Dakota

Last Updated: 12/27/2011

Code 23-12-10 (no date available) prohibits smoking in all enclosed areas of public places include educational facilities as defined in Code 23-12-9 (no date available).


Nebraska

Last Updated: 1/25/2006

Rule 92 NAC 91-005.06C (no date available) prohibits the use of tobacco products in a student transportation vehicle.


New Hampshire

Last Updated: 12/22/2011

RSA 155:66 (1991) and 126-K:7 (1998) prohibit smoking in public educational facilities at all times during the hours of operation. RSA 155:70 (1991), also known as the Indoor Smoking Act, requires smoking restrictions signs to be posted in all schools.


New Jersey

Last Updated: 1/22/2013

P.L.2009, c.182, P.L.2005, c.383, N.J.A.C. 13:28-6.14 and N.J.A.C. 8:6 prohibit any person from smoking or carrying lighted tobacco at any time on school grounds or on school buses or other vehicles owned or contracted by a board of education. State Board of Education Administrative Code N.J.A.C. 6A:16-1.3 defines “school grounds” to include land, portions of land, structures, buildings, and vehicles, when used for the provision of academic or extracurricular programs sponsored by the school district or community provider and structures that support these buildings and other facilities, playgrounds, and recreational places owned by local municipalities, private entities or other individuals during those times when the school district has exclusive use of a portion of such land. N.J.S.A. 26:3D-61 (2005) requires the person having control of an indoor public place or workplace to place a clearly visible sign at the entrance indicating that smoking is prohibited therein. State Board of Education Administrative Code N.J.A.C. 12:100-13.4 (1997) also require the administrator of each school building to post signs indicating that smoking is prohibited except in designated areas.


New Mexico

Last Updated: 9/16/2009
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State Board of Education Administrative Code NMAC 6.12.4 (1994) requires each local school board to implement a policy prohibiting the use of tobacco products in school buildings, on school property, and for students at school functions away from school property. New Mexico does not have a specific policy addressing indoor air quality in schools. NMSA 24-16-1 (2007) makes it unlawful for a person to smoke in any indoor workplace or indoor public place, the definitions of which cover public and private schools. Smoking is also prohibited near entrances, windows and ventilation systems of public places where smoking is prohibited.


Nevada

Last Updated: 12/5/2006

NRS 202.2491 (2003) restricts smoking to a designated area in any building occupied or owned by a state school district. A school district that prohibits the use of tobacco need not designate a separate area that may be used by pupils to smoke and may also impose more stringent restrictions on the smoking, use, sale, distribution, marketing, display or promotion of tobacco products. Lastly, smoking is prohibited on school buses.


New York

Last Updated: 4/28/2008
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Public Health Laws 1399-n and 1399-o (2003) prohibits smoking in places of employment, the definition of which includes school grounds. "School grounds" includes any building, structure and surrounding outdoor grounds, and any vehicles used to transport children or school personnel.  Further, Education Law 409 (2003) prohibits tobacco use on school grounds (building, structure and surrounding outdoor grounds).


Ohio

Last Updated: 4/30/2007

ORC §3313.751 (1995) states that no pupil shall smoke, use or possess any substance containing tobacco in any area under the control of a school district or at any activity supervised by any school operated by a school district.


Oklahoma

Last Updated: 9/2/2008

Statute 63-1-1523 (2002) prohibits smoking and the use of any tobacco product in educational school buildings or on school grounds during the hours of 7:00 AM to 4:00 PM, during the school session, or when class or any other program for students is in session. Educational facilities may, however, designate smoking areas outside of the buildings for adults during certain activities or functions.


Oregon

Last Updated: 4/28/2008

OAR 333-015-0030 (2002) implements the Oregon Clean Air Act by prohibiting smoking in public places, defined as any enclosed indoor area including educational facilities. OAR 333-015-0040 (2002) further requires signs to be posted prominently at each outside entrance of a public place that use either the "no smoking" symbol or the words "No Smoking."


Last Updated: 4/28/2008
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ORS 339.865 (1993) and OAR 581-021-0110 (2004) does not permit any person under the age of 18 to possess tobacco products on school grounds, in school facilities or at school-sponsored activities. OAR 581-021-0110 also prohibits the possession of tobacco products by students in any building, facility or vehicle owned or leased by the school district or charter school and by January 01, 2006, each district is required to establish policies and procedures to implement and enforce this rule for all students, staff, and visitors.


Pennsylvania

Last Updated: 9/28/2010

Act 27 (2008) Clean Indoor Air Act prohibits an individual from engaging in smoking in a public place. Schools are included in this policy.


Rhode Island

Last Updated: 2/13/2013

Statute 23-20.10.3 (2004) prohibits smoking in public places, including school buildings, and classrooms. "No Smoking" signs must also be conspicuously posted in these places. Violation of these policies is punishable with a fine of $250 for a first offense and up to $1,000 for a third. Detailed guidelines enforcing these policies are found in Rule 23-20.10 (2004). Statute 23-20.9-5 (1992) requires the governing body of each school to develop enforcement procedures to prohibit the use of tobacco by any person on school facilities. The statute also requires "Tobacco-Free School - Tobacco Use Prohibited" signs to be posted at every entrance of the building and in every school bus and school vehicle. Further details of tobacco use policy in schools are provided in Section 36 of the Rules and Regulations for School Health (2009).


South Carolina

Last Updated: 10/14/2006

Code 44-95-20 (1996) deems it unlawful to smoke or possess lighted smoking material in public school or preschools where regular kindergarten, elementary, or secondary classes are held.

Code 59-67-150 (1962) prohibits any person from smoking any cigar, cigarette, pipe, tobacco or other substance in a school bus during the time of operation.


South Dakota

Last Updated: 1/12/2013

Code 22-36-2 (2002) prohibits smoking tobacco or carrying any lighted tobacco product in any public place including any elementary or secondary school building as defined in Code 22-36-3 (2002).

Although not specific to schools, Code 34-46-14 prohibits smoking in public or place of employment prohibited, violation of this section is considered a petty offense. No person may smoke tobacco or carry any lighted tobacco product in any public place or place of employment.


Tennessee

Last Updated: 2/5/2012

Code 39-17-1505 (2001) prohibits any person under the age of 18 to possess, purchase, or accept receipt a tobacco product. Furthermore, it is illegal to present or offer unto any person any false proof of age for the purpose of purchasing or receiving any tobacco product. Violation of this code is punishable by a fine between $10 and $50 and up to 50 hours of community service.

Code 39-17-1604 (2000) prohibits smoking in all public and private kindergarten, elementary and secondary schools. Adult staff members are, however, permitted to smoke outdoors, but not within 50 feet of any entrance into the building, and on school grounds after school hours, but not blocking any entrance to any building and not in any public seating area, bleachers for sporting events, or public restrooms. Additionally, Code 39-17-1803 (2007) prohibits smoking in enclosed school buildings. 

 


Texas

Last Updated: 10/1/2010

Education Code 38.006 (1995) prohibits smoking or tobacco use or possession at a school-related activity on or off school property.


Utah

Last Updated: 4/26/2010

Code 26-38-2 (2007) prohibits smoking in public or private elementary and secondary school buildings and educational facilities and the property on which those faciities are located.

HB88 (2010) provides the state board of education may, and local boards and charter schools must adopt rules prohibiting the use, possession or distribution of electronic cigarettes on school property or during school-sponsored activities.

R277-605 (2002) requires coaches and other school leaders to refrain from using tobacco during school-sponsored activities.


Virginia

Last Updated: 11/16/2010

 the principal of each public school to collect and maintain information on incidence of crime and violence, including possession of tobacco products, and the students involved in such incidence that occur on school property, on a school bus, or at a school-sponsored activity. This information is reported semi-annually to the division superintendent who files an aggregate report with the Department of Education annually.

Codes 15.2-2800, 2801, 2802, 2803, 2804, 2805, 2806, 2807, 2808, 2809, and 2810 (2002) stipulate that public school buildings and grounds must be smoke-free; thus, no smoking is permitted by anyone at any time. More specifically Code 15.2-2801 prohibits smoking in the interior of any elementary, intermediate, and secondary schools, and further prohibits smoking in public school buses.


Vermont

Last Updated: 12/29/2006

16 VSA §140 (1997) does not allow any person to use tobacco on public school grounds and no student is allowed to use tobacco at school-sponsored activities. The law requires each school board to adopt policies prohibiting the use and possession of tobacco by students.


Washington

Last Updated: 1/1/2007

RCW 28A.210.310 (1997) requires each school district to develop a policy prohibiting the use of all tobacco products on public school property. The policy should include, but not be limited to, providing notification to students and school personnel of the prohibition, the posting of signs prohibiting the use of tobacco products, sanctions for students and school personnel who violate the policy, and a requirement that district personnel enforce the prohibition.


Wisconsin

Last Updated: 10/15/2008

Statute 120.12(20) (2001) prohibits the use of all tobacco products on premises owned, rented, or under the control of  the school board. The school board may, however, allow the use of tobacco products by other persons using school district facilities for non-educational purposes.


West Virginia

Last Updated: 4/28/2008
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Board Policies 2422.5 (2005) and 4373 (2002) prohibit the possession, use, or distribution of tobacco products in school buildings, on school grounds, in school-leased or -owned vehicles, and at all school affiliated functions in maintaining a tobacco free school.


Wyoming

Last Updated: 2/19/2006

No state policy.


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