Where Is Smoking Permitted?

Where Is Smoking Permitted? thumbnail
It is important to know where smoking is allowed and where it is banned.

In the United States, there are laws on the state level that regulate where tobacco smoking is permitted and where it is banned. Typically, areas where smoking is prohibited are visibly marked by "no smoking" signs.

  1. Enclosed Public Spaces

    • As of 2010, smoking in enclosed public places is banned in 26 states. Examples of enclosed public spaces are bars, restaurants, hotels, stores and any other indoor public area. For a list of these states, check the American Nonsmokers' Rights Foundation list (see Resources for a link).

      Within these states, certain areas are exempt from the smoking ban (for example, tobaccoists are exempt in 21 of these states, cigar bars are exempt in 12 states, private clubs are exempt in seven states, etc.).

    States With No Smoking Laws

    • As of September 2010, several states have not enacted any statewide smoking bans. Instead, owners of property must designate areas where smoking is permitted or forbidden. For a list of these states, again check the ANRF list (see Resources).

      However, the lack of statewide bans has not stopped municipalities from enacting public health ordinances regulating smoking areas. Check your local laws to be sure.

    Places Where Smoking Is Typically Permitted

    • In general, if there is an ashtray present in an area, smoking is permitted, especially outdoors. Often, areas will be designated for smoking with "smoking permitted" signs. Certain areas--such as some workplaces or college campuses--will have designated smoking areas for smokers. Typically, if there is not a "no smoking" sign and the area is outdoors, smoking is permitted. Remember, littering is still illegal, so if you choose to smoke, dispose of butts properly.

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