Smoking accessories are distinguished from drug paraphernalia because they are commonly used to consume or store tobacco products, not drugs. However, the sale of smoking accessories is still subject to restrictions by the U.S. government as a matter of public safety.
Many local jurisdictions have laws regarding the sale and advertisement of these products.
In particular, several federal agencies are responsible for regulating the sale of smoking accessories to prevent youth access and reduce the health risks associated with their use. For example, the Alcohol and Tobacco Tax and Trade Bureau (TTB) regulates cigarette rolling papers, cigar wraps, hookahs, bongs, and other devices related to smoking tobacco through its laws governing taxation.
The U.S. Food & Drug Administration (FDA) also regulates flavored cigars, e-cigarettes, vaporizers, and certain types of pipes under its jurisdiction. It established an oversight bureau in 2009 specifically for handling these types of products.
Many of these products have age restrictions regarding their use and sale. For example, sale to minors is prohibited, and government guidelines require customers to be 21 or older for many smoking accessories or products.
Additionally, the PACT act prohibits the sale and shipment of vapes through the postal service, as published on the Federal Register on 10/21/2021 as 39 CFR Parts 111 and 121, at p 58398.
In addition, the U.S. Consumer Product Safety Commission regulates lighters and ashtrays. The requirements for lights can be found in 16 CFR part 1210. Lighters sold with fuel are considered hazardous substances, and labeling is moderated by the Federal Hazardous Substances Act (FHSA).
Some states, such as California, have decriminalized certain smoking accessories, while others still consider them a criminal offense.