Smoking Law and Legal Definition

Smoking is the inhaling or tasting of smoke produced by burning substances, most commonly tobacco. It is one of the most common forms of recreational drug use. Tobacco smoking is the most popular form of smoking and is commonly smoked through cigarettes. Cannabis, Opium, Crack Cocaine, Heroin etc are also used for smoking but they are not as popular as tobacco. Because of the health hazards involved in smoking many countries have instituted high taxes on tobacco products.

There are many anti smoking laws in place to curb smoking. Passive smoking or second hand smoking which affects the people in the immediate vicinity of smokers is a major reason for the enforcement of smoking bans. Smoking bans in US are through state laws and these laws vary from state to state. Some states have enacted statewide bans on smoking in all enclosed public places including bars and restaurants whereas some others have partial smoking bans. For Example California, Colorado, Connecticut, Illinois , Maine, New Jersey etc have statewide smoking bans whereas Nevada, New Hampshire, North Carolina, Ohio etc have partial smoking bans.

Like wise the concept of creating a smoke free workplace has gained many supporters over the last decades. Depending on the company, smoking may be permitted in certain outdoor areas designated for that purpose. In other companies, the smoke free policy prohibits smoking on any company property. Employees who smoke must abstain from smoking while at work or must leave company grounds to smoke. Other companies allow smoking in special rooms or areas dedicated to that purpose. For smoking areas within the building, a special and separate ventilation system must be installed in order to prevent smoke from leaking into other areas of the structure.

Most states have laws for regulating the use of cigarettes by children under eighteen years of age.

Example of a state law ( Ohio) on smoking prohibitions.

ORC Ann. 3794.02 Smoking prohibitions

(A) No proprietor of a public place or place of employment, except as permitted in section 3794.03 of this chapter, shall permit smoking in the public place or place of employment or in the areas directly or indirectly under the control of the proprietor immediately adjacent to locations of ingress or egress to the public place or place of employment.

(B) A proprietor of a public place or place of employment shall ensure that tobacco smoke does not enter any area in which smoking is prohibited under this chapter through entrances, windows, ventilation systems, or other means.

(C) No person or employer shall discharge, refuse to hire, or in any manner retaliate against an individual for exercising any right, including reporting a violation, or performing any obligation under this chapter.

(D) No person shall refuse to immediately discontinue smoking in a public place, place of employment, or establishment, facility or outdoor area declared nonsmoking under section 3794.05 of this chapter when requested to do so by the proprietor or any employee of an employer of the public place, place of employment or establishment, facility or outdoor area.

(E) Lack of intent to violate a provision of this chapter shall not be a defense to a violation.