SB201 is a proposed amendment to the Nevada Clean Indoor Air Act, which would make specific verbiage changes to the legislation which would specifically define vaping as “smoking” and include it in the Clean Indoor Air Act, thus making vaping in public buildings INCLUDING VAPE SHOPS punishable with fines as a criminal offense.  You can download and read the entire SB201 PDF here: SB201

SB201 is currently in limbo in the Nevada Legislature, and although it has been heard in committee, it has yet to be decided upon.  This legislative action would have severe consequences for those who vape, as they would be restricted in the same way that smokers are restricted, being limited to specified areas designated as “smoking areas” and being bound in the same ways that smokers of tobacco are.  Vaping does not have the same effects on those populating the same spaces as a person utilizing an electronic cigarette, as the particulate matter which is generated by the machine is roughly equal to that which is naturally in the air in contained spaces.  Second hand smoke provides a measurable particulate matter which is potentially breathed by those in the same space as a smoker, yet vaping is being considered in this same manner without scientific proof to make the claim.  If the Clean Indoor Air Act is based upon particulate matter generated, then vaping cannot be considered smoking as it does not generate this level of particulate matter.

The specifics of the legislation seek to redefine the NICAA language to be more specific for the device used, and remove language specifying tobacco use.  The short-form of the discussion as seen in the legislation is as follows:

Legislative Counsel’s Digest: 1 The Nevada Clean Indoor Air Act, which is currently codified as NRS 2 202.2483, was proposed by an initiative petition and approved by the voters at the 3 2006 General Election. The Act generally prohibits smoking tobacco within indoor 4 places of employment, within school buildings and on school property, but allows 5 smoking tobacco in certain other areas or establishments. (NRS 202.2483) Existing 6 law also imposes various restrictions on the use, sale and distribution of tobacco in 7 certain places. (NRS 202.2485-202.2497) Section 2 of this bill defines the terms 8 “electronic smoking device” and “smoking” for purposes of prohibiting the use of 9 such devices in any location where smoking tobacco is currently prohibited by law. 10 Existing law provides that a person who lights a pipe, cigar or cigarette, or who 11 enters with a lighted pipe, cigar or cigarette, in any mill or other building where it is 12 posted that no smoking is allowed in such a building is guilty of a misdemeanor. 13 (NRS 475.050) Section 6 of this bill revises the provisions of this crime to include 14 the definitions of electronic smoking device and smoking as defined in section 2.

The specific language changes in the bill are as follows, with original text in brackets being proposed to be changed to the terms before the brackets:

202.2483 1. Except as otherwise provided in subsection 3, 4 smoking [tobacco in any form] is prohibited within indoor places of 5 employment including, but not limited to, the following:

2. Without exception, smoking [tobacco in any form] is 14 prohibited within school buildings and on school property. 15 3. Smoking [tobacco] is not prohibited in:

8. Nothing in state law shall be construed to restrict local 18 control or otherwise prohibit a county, city or town from adopting 19 and enforcing local [tobacco] smoking control measures that meet 20 or exceed the minimum applicable standards set forth in this section.

(e) “Electronic smoking device” has the meaning ascribed to it 23 in NRS 202.2485.

[(n)] (o) “Smoking” has the meaning ascribed to it in 15 NRS 202.2485.

2. “Electronic smoking device”: 5 (a) Means any product containing or delivering nicotine, a 6 product made or derived from tobacco or any other substance 7 intended for human consumption that can be used by a person to 8 simulate smoking in the delivery of nicotine or any other 9 substance through inhalation of vapor or aerosol from the 10 product. 11 (b) Includes any component part of a product described in 12 paragraph (a), regardless of whether the component part is sold 13 separately. 14 (c) Does not include any product regulated by the United 15 States Food and Drug Administration pursuant to Chapter V of 16 the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 351 et 17 seq.

5. “Smoking” means inhaling, exhaling, burning or carrying 26 any lighted or heated cigar, cigarette or pipe or any other lighted 27 or heated tobacco, product made or derived from tobacco or plant 28 product intended for inhalation, in any manner or form. The term 29 includes the use of any electronic smoking device which creates a 30 vapor, in any manner or form, or the use of any oral smoking 31 device for the purpose of circumventing a prohibition against 32 smoking. 33 Sec. 3. NRS 202.249 is hereby amended to read as follows: 34 202.249 1. It is the public policy of the State of Nevada and 35 the purpose of NRS 202.2491, 202.24915 and 202.2492 to place 36 restrictions on [the] smoking [of tobacco] in public places to protect 37 human health and safety.

202.2491 1. Except as otherwise provided in subsections 5 20 and 6 and NRS 202.24915, [the] smoking [of tobacco in any form] 21 is prohibited if done in any:

A school district which prohibits [the use of tobacco] smoking by 13 pupils need not designate an area which may be used by the pupils 14 to smoke.

6. [The smoking of tobacco] Smoking is not prohibited in:

202.24915 1. A store that is principally devoted to the sale of 13 food for human consumption off the premises may allow [the] 14 smoking [of tobacco] in a public area of the store that is leased to or 15 operated by a person who is licensed pursuant to NRS 463.160 if:

2. Except as otherwise provided in subsection 3, until 25 January 1, 2007, a store that is principally devoted to the sale of 26 food for human consumption off the premises may allow [the] 27 smoking [of tobacco] in a public area of the store that is leased to or 28 operated by a person who is licensed pursuant to NRS 463.160 if the

3. If at any time before January 1, 2007, a store described in 35 subsection 2 remodels 25 percent or more of the square footage of 36 the entire public area within the store, the store may continue to 37 allow [the] smoking [of tobacco] in a public area of the store that is

Sec. 6. NRS 475.050 is hereby amended to read as follows: 4 475.050 1. Every person who [lights a pipe, cigar or cigarette 5 in, or who enters with a lighted pipe, cigar or cigarette,] engages in 6 smoking in any mill or other building on which is posted in a 7 conspicuous place over and near each principal entrance a notice in 8 plain, legible characters stating that no smoking is allowed in such 9 building is guilty of a misdemeanor. 10 2. As used in this section, “smoking” has the meaning 11 ascribed to it in NRS 202.2485.

The definition of vaping or the utilization of vaping equipment such as electronic cigarettes would be qualified as equal to smoking cigarettes, cigars and pipes through this legislation, leading to the reduction of the rights currently held by those who vape as far as where and when they are legally allowed to do so.  You would no longer be allowed to vape in a vape shop in Las Vegas or any other area in Nevada without potentially being charged with a crime and fined.

We strongly oppose SB201 and it’s attempt to equate smoking cigarettes and vaping, the choice of many ex-smokers who are utilizing vaping as a means to completely quitting.  Cigarrette smoking and vaping are two completely different things, and should not be treated the same under the Nevada law.  Make your opinion known, and keep our vape shops able to allow customers to sample our equipment and e-liquids on premises.