Smoking Age and Vaping Laws: Canada vs the US

Last reviewed: October 27, 2026Next review due: January 2027

Key takeaways

The United States has one national minimum age for tobacco and e-cigarettes, 21. Canada's federal floor is 18, and provinces and territories set their own, mostly 19. In both countries the rules on where you can smoke come mainly from lower levels of government, so the sign on the door matters more than the national law.

Minimum age

CanadaUnited States
National ruleIt is an offence to furnish a tobacco or vaping product to anyone under 18.The minimum age of sale for tobacco products, including e-cigarettes, is 21.
Who can raise itProvinces and territories. Health Canada reports that six provinces and three territories use 19 and one province uses 21 for tobacco.The federal law does not limit states from enforcing their own additional youth access laws.
Confirmed examples18 in Alberta and Manitoba; 19 in British Columbia, Saskatchewan, Ontario, Newfoundland and Labrador, Yukon, the Northwest Territories and Nunavut.21 everywhere. No exemptions.
ID checksSet provincially. For example, the Northwest Territories asks for ID from anyone who looks under 25.Retailers must check photo ID of anyone under 30 buying cigarettes, smokeless tobacco and covered tobacco products (since 30 September 2024).

The US rule, known as Tobacco 21, was signed on 20 December 2019 and took effect immediately. FDA says it provides no exemptions, including for military personnel. For a Canadian-province breakdown, see the legal smoking age guide.

Where you can smoke and vape

Neither country has a single national rulebook for public places. In both, the rule that applies to you depends mostly on the state, province or city you are standing in.

In Canada, the federal Non-smokers’ Health Act covers federal workplaces and certain Canadian-operated aircraft, trains, vehicles and vessels; provinces, territories and cities regulate the rest. See federal smoking laws and laws by province.

In the US, CDC describes smoke-free policy as something states set and local governments can tighten. As of 30 June 2024, CDC counted 12 states with laws or court decisions that explicitly preempt local smoking restrictions in certain settings, and 27 states that explicitly allow communities to adopt stricter rules. The one federal law the CDC fact sheet mentions in this area is the 2019 age law, which covers sales, not where you may smoke.

Vaping products

  • Canada: nicotine in a vaping product must not exceed 20 mg/mL under SOR/2021-123, which came into force on 8 July 2021. Provinces add their own flavour rules; our flavour ban page lists them.
  • United States: the minimum age of 21 applies to e-cigarettes. We did not verify other federal product standards on this page, so check FDA’s own pages if you are bringing a device across.

Our vaping laws guide covers the Canadian rules in full.

Federal tobacco tax

CanadaUnited States
Cigarettes$0.97299 per 5 cigarettes from 1 April 2026, about $38.92 per 200 (CAD)$1.01 per pack of 20 for small cigarettes, $2.11 for large cigarettes (USD)
Federal vaping tax$1.12 per 2 mL for the first 10 mL, then $1.12 per 10 mL (CAD)TTB’s rate page lists no rate for e-liquid

Both countries’ states or provinces add their own tax, so the shelf price differs from the federal figure. Our tobacco tax rates page covers the Canadian provinces. The figures are in two currencies, so convert before comparing them.

If you are crossing the border

The limits on bringing tobacco and vapes into Canada are on a separate page: bringing cigarettes and vapes across the border. On the ground, smoking and vaping rules for visitors explains what to expect.

Legal information only, not legal advice. Laws and bylaws change; confirm the current text in the official source before you rely on it. Read the full disclaimer.

Frequently asked questions

Is the smoking age higher in the US than in Canada?

Yes at the national level. US federal law sets 21 for tobacco products including e-cigarettes, while Canada's federal floor is 18 and most provinces and territories we confirmed use 19.

Can I use my US age as proof when buying in Canada?

Your age only needs to meet the local minimum, which is 18 or 19 in the jurisdictions we confirmed. A store will still want valid ID.

Are cigarette taxes higher in Canada or the US?

The federal tax alone is higher in Canada: about CAD 38.92 per 200 cigarettes against a US federal tax of USD 1.01 per pack of 20 (about USD 10.10 per 200). State and provincial taxes come on top in both countries.

Sources

  1. Tobacco 21 — U.S. Food and Drug Administration. Accessed October 27, 2026.
  2. STATE System Preemption Fact Sheet — Centers for Disease Control and Prevention. Accessed October 27, 2026.
  3. Tax Rates — Alcohol and Tobacco Tax and Trade Bureau (TTB). Accessed October 27, 2026.
  4. Tobacco and Vaping Products Act, full text — Justice Laws Website, Government of Canada. Accessed October 27, 2026.
  5. Report of the Second Legislative Review of the Tobacco and Vaping Products Act — Health Canada. Accessed October 27, 2026.
  6. EDN105 Adjusted rates of excise duty on tobacco products effective April 1, 2026 — Canada Revenue Agency. Accessed October 27, 2026.
  7. Nicotine Concentration in Vaping Products Regulations (SOR/2021-123) — Justice Laws Website, Government of Canada. Accessed October 27, 2026.
  8. Excise duty rates — Canada Revenue Agency. Accessed October 27, 2026.
Disclaimer: the information on this site is for general reference only. It is not medical, legal or financial advice. Laws, rates and programs change, so check the official source before you rely on any detail.