Pennsylvania Expands School Smoking Ban to Include Vaping

December 12, 2019Alerts

Pennsylvania has expanded its prohibition of tobacco items in a school setting to include vaping devices, also known as electronic nicotine delivery systems or "ENDS."

Under Act 93 of 2019, it is now a summary offense for students to possess or use “nicotine products or ENDS” in the school building, on a school bus or on school property owned by or under the control of a school. "ENDS" is a product or device used to ingest a nicotine product, including electronic cigarettes. Electronic cigarettes are defined as “an electronic device that delivers nicotine or other substance through vaporization and inhalation.” As a result of this smoking ban expansion, students who vape or bring vaping products onto school ground may be charged with a summary offense.

Schools seeking to implement disciplinary infractions for vaping must remember to articulate the offenses in the district’s discipline policy and student code of conduct. School entities should ensure that these materials directly address the prohibition of vaping on school grounds.

For more information about this alert, please contact Timothy E. Gilsbach at 610.397.2206 or [email protected], or any member of the firm’s Education Practice Group.