Smoking on Stage: Legality and State Regulations (2023)

Is it legal to smoke on stage?

The legality of smoking on stage is dependent on state and local laws in the US. Depending on the state, some allow smoking as part of the performance, some only vaping, some don’t allow either, and a few states rely solely on city and county laws. This list covers the basics in each state.

There are two main concerns to address with smoking on stage which are the “open flame”, and public safety regarding second hand smoke. With a little effort, the open flame can be accomplished safely, or replaced with a vape alternative, but the second hand smoke is the main legal concern.

Though the choice if yours, I recommend avoiding real cigarettes if at all possible for your production to simplify both the fire danger and legal aspect. E-Cigarettes meant for the stage have come a long way in providing a realistic alternative without the nicotine and flame.

Do actors smoke real cigarettes on stage?

Actors are often smoking herbal cigarettes in place of real cigarettes because of the health concerns with tobacco, though they may smoke real cigarettes, e-cigarettes, or vapes in their place. There are many alternatives which give the look of real cigarettes without the fire and health concerns.

Depending on the state or local laws of the production, they may be required to use only electronic cigarettes or vapes, or not be allowed to use anything that even resembles smoking a cigarette on stage. Scroll down to view laws in your state.

Second Hand Smoke Laws by State

When states began to ban smoking in closed public areas like restaurants and bars, some of them included a consideration for smoking on stage during a performance. I have included laws regarding smoking on stage separated by state below.

DISCLAIMER: This guide should serve as a starting point for your own research, not as a final say on the current laws in your state and local jurisdiction. We are not responsible should you knowingly or unknowingly violate laws in your locations. We are providing source links to verify for yourself that the information is correct, and not certifying that our page will always be 100% accurate (although we strive to be).

Alaska

Is smoking allowed on stage?: No.

Is vaping allowed on stage?: Possibly, but depends on the product.

There are currently no provision within the state of Alaska for smoking on stage during a performance. The use of “e-cigarettes” is also not allowed if they contain nicotine, OR if they simulate smoking or expose others to vapors or aerosol.

Because these rules are so stringent, I recommend avoiding smoking on stage if at all possible in Alaska. If you feel very strongly about including smoking in a performance, I recommend reaching out to AKOSH and your local Fire Marshal to find the safest way to proceed.

Sources: Alaska Department of Health

Arizona

Is smoking allowed on stage?: Yes.

Is vaping allowed on stage?: Yes

Smoking is allowed in on stage as well as during filming of TV/Film in Arizona provided it is part of the performance.

Sources: Smoke-Free Arizona Act 36-601.01

Arkansas

Is smoking allowed on stage?: No

Is vaping allowed on stage?: Yes

Arkansas specifies smoking in performance venues as prohibited, but does not list vaping or e-cigs in the same category.

Sources: Arkansas Clean Indoor Air Act

California

Is smoking allowed on stage?: Yes

Is vaping allowed on stage?: Yes

Smoking is allowed in “Theatrical Productions where smoking is an integral part of the story”.

Please note that some local jurisdictions have placed further restrictions. For example, Alameda has placed a specific restriction on smoking on “theatrical production sites”.

Sources: California Smoke Free Air Act and Alameda Second Hand Smoke Ordinance

Colorado

Is smoking allowed on stage?: No.

Is vaping allowed on stage?: Yes

The Supreme Court has upheld the states ban on theatrical smoking, so there likely aren’t any ways around this one.

Sources: Supreme Court decision against smoking on stage.

Connecticut

Is smoking allowed on stage?: No.

Is vaping allowed on stage?: Yes, but only non-nicotine vapors.

Connecticut specifically outlines smoking in theaters in two separate provisions of the law as prohibited in both the auditorium and the stage. They also stipulate that vapors containing nicotine are treated the same as smoking under Connecticut law. Non-nicotine vapors are not specific as prohibited.

Sources: Connecticut Department of Public Health

Delaware

Is smoking allowed on stage?: No.

Is vaping allowed on stage?: Yes.

Delaware law specifically calls out theaters as a prohibited venue for smoking, but vaping is not prohibited under this law as of the writing of this article.

Sources: Delaware’s Clean Indoor Air Act

Florida

Is smoking allowed on stage?: No.

Is vaping allowed on stage?: No.

The state of Florida prohibits both vaping and smoking, with no exceptions for theatrical spaces or the stage like some other states have.

Sources: Florida Clean Indoor Air Act

Georgia

Is smoking allowed on stage?: Probably not.

Is vaping allowed on stage?: Maybe.

While Georgia relies a bit more on local government to set their own individual policies, their Clean Air Act does not provide an exemption for smoking on stage. Because each locality is different, you may find an exemption in your locality, but likely not.

Vaping is not covered by this same act, but may be further restricted by your local government, so please search for any restrictions in your area.

Sources: Georgia Smoke Free Air Act

Hawaii

Is smoking allowed on stage?: Yes

Is vaping allowed on stage?: Yes

These is a specific exemption in the state law which states that smoking is illegal in theaters “unless part of the performance”. Double check with your local counties, as they often have stricter regulations that the state as a whole.

Sources: Hawaii Statute HRS 328J-3

Idaho

Is smoking allowed on stage?: Yes.

Is vaping allowed on stage?: Yes.

According to statute 39-5503 which lists exemptions in Idaho, smoking is allowed in “Theatrical production sites, if smoking is an integral part of the story in the theatrical production”

Sources: Idaho Statute 39-5503

Illinois

Is smoking allowed on stage?: No.

Is vaping allowed on stage?: Probably not.

Illinois has a bit of a history with people pushing to allow smoking on stage, but they have never been successful. I recommend avoiding vaping on stage as well in Illinois for simplicity sake, even though the act is a bit unclear on classification of vapes.

Sources: Smoke Free Illinois Act

Indiana

Is smoking allowed on stage?: No.

Is vaping allowed on stage?: Yes.

Indiana does not currently include vaping in the same category as smoking, so e-cigs should be a viable alternative to smoking here. Local laws are often a bit more stringent than state laws, so be sure to double check in your area.

Sources: Indiana Department of Health

Iowa

Is smoking allowed on stage?: No.

Is vaping allowed on stage?: Yes.

Iowa views vaping and smoking separately, so vaping is allowed while smoking is not. Double check with local laws to ensure they do not include vaping in their policies.

Sources: Iowa Smoke Free Air Act

Kansas

Is smoking allowed on stage?: No.

Is vaping allowed on stage?: No.

Kansas is one of the more strict states regarding smoking laws, including specifically theaters as prohibited. They also specify that e-cigarettes of any kind are prohibited the same as regular cigarettes.

Sources: Kansas Smoke Free

Kentucky

Is smoking allowed on stage?: Maybe.

Is vaping allowed on stage?: Maybe.

Kentucky does not have a state-wide law on smoking so independent research is required into your local laws to determine legality. If you aren’t able to find the exact laws applying to you, please assume that you are not allowed. If you need help researching, please reach out on the contact page and I’ll do my best to help!

Sources: No specific sources available.

Louisiana

Is smoking allowed on stage?: No.

Is vaping allowed on stage?: No.

Smoking on stage is not given any exemptions as some other states have.

Sources: Louisiana State Legislature

Maine

Is smoking allowed on stage?: Yes.

Is vaping allowed on stage?: Yes.

Smoking and vaping are allowed on stage in Maine, as long as they are part of the performance.

Sources: Maine Legislature Title 22

Maryland

Is smoking allowed on stage?: No.

Is vaping allowed on stage?: No.

Maryland laws are very clear about the laws surrounding theaters and done allow for any exceptions.

Sources: Maryland Health

Massachusetts

Is smoking allowed on stage?: Yes, with prior permission from local authorities.

Is vaping allowed on stage?: Yes, with prior permission from local authorities.

Smoking is permitted on stage in Massachusetts “By a theatrical performer upon a stage or in the course of a professional film production, if the smoking is part of a theatrical production, AND if permission has been obtained from the appropriate local authority”

Sources: Mass. General Laws c.270 § 22

Michigan

Is smoking allowed on stage?: No.

Is vaping allowed on stage?: Yes, as long as it doesn’t contain tobacco products.

Michigan includes theaters on their list of prohibited locations for smoking, but currently vaping is not a part of this law. I recommend double checking for any updated laws at the time of reading as some other states have recently added vaping into their laws.

Sources: Michigan Smoke Free Air Act

Minnesota 

Is smoking allowed on stage?: Yes

Is vaping allowed on stage?: Yes

Actors and actresses are permitted to smoke or vape as part of a theatrical production only when notice is provided as follows:

• Theater patrons must be notified in advance that smoking will take place as part of the production, and
• Performance programs must include a written notice that smoking will occur as part of the theatrical production.

Sources: Minnesota Department of Health:

Mississippi

Is smoking allowed on stage?: Check local laws.

Is vaping allowed on stage?: Check Local laws

Mississippi has no state wide ban on smoking, with individual localities creating their own regulations. Check with your local city or county laws for more detail.

Sources: Check with local agencies for more info.

Missouri

Is smoking allowed on stage?: Yes.

Is vaping allowed on stage?: Yes.

Missouri allows smoking on stage as long as it is part of the performance

Sources: Missouri Department of Health

Montana

Is smoking allowed on stage?: No.

Is vaping allowed on stage?: Check local laws.

Montana does not allow smoking on stage, but the state does not currently classify e-cigarettes as smoking. Update February 2023: A new revision to the laws is coming soon, so there may be changes coming to this info soon.

Sources: Montana Clean Indoor Air Act

Nebraska

Is smoking allowed on stage?: No.

Is vaping allowed on stage?: No.

In 2020, Nebraska extended the same provisions for smoking to cover vaping and e-cigarettes. Neither are allowed on stage after the updated law took effect.

Sources: Nebraska Clean Indoor Air Act

Nevada

Is smoking allowed on stage?: Sometimes

Is vaping allowed on stage?: Sometimes

Depending on the situation, Nevada may allow smoking based on the audience attending. In areas where minors are already prohibited smoking is likely allowed, but if minors are allowed possibly not. I recommend reading the current statutes linked int he sources here.

Sources: Nevada Statutes

New Hampshire

Is smoking allowed on stage?: Sometimes.

Is vaping allowed on stage?: Sometimes.

Smoking is not allowed in theaters unless the building is owned and operated by a “social, fraternal, or religious organization”. This means most theaters will not fall under this exemption and thus will not be able to use smoking on stage. In 2020, New Hampshire expanded the definition of smoking to include vaping so the rules here are the same.

Sources: NH Indoor Smoking Act

New Jersey

Is smoking allowed on stage?: No.

Is vaping allowed on stage?: No.

Smoking and Vaping are not allowed in theaters, and there are currently no exemptions for use on stage during a performance as some other states have.

Sources: New Jersey’s Smoke-Free Air Act

New Mexico

Is smoking allowed on stage?: No.

Is vaping allowed on stage?: No.

In a 2019 update to the legislature, New Mexico removed the exemption for smoking on stage during a performance. They also included vaping and e-cigarettes in their definition of smoking, prohibiting them as well.

Sources: New Mexico House Bill 256

New York

Is smoking allowed on stage?: Yes.

Is vaping allowed on stage?: Yes.

The state of New York allows for smoking on stage as long as it is “part of a theatrical production.” Although NYC laws are more stringent than state laws in most ways, they also allow for use of vaping and cigarettes on stage as part of the performance.

Sources: New York Smoke Free Air Act and NYC Administrative code 17-503

North Carolina

Is smoking allowed on stage?: Yes.

Is vaping allowed on stage?: Yes.

Listed in the exemptions of the state law are “A motion picture, television, theater, or other live production set. This exemption applies only to the actor or performer portraying the use of tobacco products during the production.” Local Laws may be more stringent that this, so I recommend doing your own research locally here.

Sources: NC Smoke Free Bars and Restaurants Law

North Dakota

Is smoking allowed on stage?: No.

Is vaping allowed on stage?: No.

North Dakota lists theaters and places for performances as prohibited locations with no exemption for use as part of the performance.

Sources: North Dakota Smoke Free Air Legislation

Ohio

Is smoking allowed on stage?: Probably.

Is vaping allowed on stage?: Probably.

Although the state doesn’t have a specific rule set forth about smoking on stage being prohibited, local counties and cities may add their own laws which may be more restrictive. Please be sure to double check local laws.

Sources: Ohio Smoke Free Air Laws

Oklahoma

Is smoking allowed on stage?: No.

Is vaping allowed on stage?: Yes.

Oklahoma law does not allow for smoking of any smoking involving flame, but does not include vapes and e-cigarettes in this law. Be sure to check local laws for further restrictions of e-cigs and vapes.

Sources: Oklahoma Smoking In Public Places Statutes

Oregon

Is smoking allowed on stage?: Yes, but only non-tobacco cigarettes.

Is vaping allowed on stage?: Yes, but may not contain nicotine.

The law here is fairly clear, so I’ll let you read the exact wording:

“A performer may smoke or carry a lighted smoking instrument that does not contain tobacco or marijuana, and may aerosolize or vaporize a substance that does not contain nicotine or a cannabinoid, while performing in a scripted stage, motion picture or television production if:

• The production is produced by an organization whose primary purpose is producing scripted productions; AND
• The act of smoking, aerosolizing or vaporizing is an integral part of the production.”

Sources: Oregon’s Indoor Clean Air Act (Tobacco Law)

Pennsylvania

Is smoking allowed on stage?: No.

Is vaping allowed on stage?: Yes.

Pennsylvania law doesn’t include an exception to the non smoking law for performers on stage. State laws do not limit e-cigarettes or vaping though.

Sources: Pennsylvania Clean Indoor Air Act

Rhode Island

Is smoking allowed on stage?: Yes.

Is vaping allowed on stage?: Yes.

The prohibition of smoking indoors in Rhode Island “shall not apply to any stage performance provided that smoking is part of a theatrical production.”

Sources: Rhode Island Law § 23-20.10-6

South Carolina

Is smoking allowed on stage?: Yes.

Is vaping allowed on stage?: Yes.

In South Carolina “smoking is permitted as part of a legitimate theatrical performance”.

Sources: SC Clean Indoor Air Act

South Dakota

Is smoking allowed on stage?: No.

Is vaping allowed on stage?: No.

South Dakota does not allow smoking on stage as part of the performance, including electronic cigarettes.

Sources: South Dakota Legislation on Tobacco Use

Tennessee

Is smoking allowed on stage?: No.

Is vaping allowed on stage?: Yes.

Smoking is not allowed indoors in Tennessee in theaters, but e-cigs and vapes are not covered under the same restrictions.

Sources: Tennessee Smoke Free Laws

Texas

Is smoking allowed on stage?: Yes, with authorization.

Is vaping allowed on stage?: Yes, with authorization.

Texas law allows smoking on stage “as a participant in an authorized theatrical performance.” The word “authorized” as used here is not given a specific meaning within the Texas penal code, but reaching out to your local health and safety department to confirm your production is authorized to use this exception should cover your bases both with state laws and local laws.

Sources: Texas Penal Code Title 10

Utah

Is smoking allowed on stage?: No.

Is vaping allowed on stage?: No.

Utah treats Cigarettes, e-cigs, and vapes the same. State law prohibits the use of any smoking device in any enclosed location, and does not provide an exception for performances.

Sources: Utah Indoor Clean Air Act

Vermont

Is smoking allowed on stage?: No.

Is vaping allowed on stage?: No.

Vermont laws do not provide exception for performers on stage to smoke, and treats e-cigarettes the same as smoking in most locations.

Sources: Vermont Tobacco Policies and Laws

Virginia

Is smoking allowed on stage?: No.

Is vaping allowed on stage?: Yes.

Virginia treats smoking lit cigarettes separately from vaping and e-cigs, allowing vaping, but not regular cigarettes.

Sources: Virginia Indoor Clean Air Act

Washington

Is smoking allowed on stage?: No.

Is vaping allowed on stage?: Yes.

Smoking on stage in Washington state has been prohibited, but there are no laws concerning vaping at the moment. A few theaters have used herbal cigarettes without problem on stage, but they are in a grey area of the law. I recommend staying away from anything involving real flame here to keep from risking trouble.

Sources: Washington Statute 70.160

West Virginia

Is smoking allowed on stage?: Depends on local laws.

Is vaping allowed on stage?: Depends on local laws.

West Virginia doesn’t have a statewide regulation regarding smoking, but relies on the localities to regulate this. Please check your county laws for your area.

Sources: Check with local health department.

Wisconsin

Is smoking allowed on stage?: No.

Is vaping allowed on stage?: Yes.

Wisconsin does not allow smoking of lit cigarettes on stage, but does not regulate the use of e-cig and vapes on stage. Check local laws to ensure vaping has not been covered further in your local area.

Sources: Wisconsin ACT 12

Wyoming

Is smoking allowed on stage?: Check local laws.

Is vaping allowed on stage?: Check local laws.

Wyoming does not have a statewide ban on smoking indoors, so local laws are the only regulations. Cities in Wyoming seem to be the ones setting regulations, so check your local city laws for more info.

Sources: Check local city laws for more.