Clearing the air on the State’s new smoking ban (2023)

Introduction and background

In the legislative drafting process, it is common to include in a piece of legislation a provision setting forth the purpose of the bill in order to establish the general tone and intention of the legislative body. As one reads the new Smoke Free Illinois Act,1there is no doubt what the Illinois General Assembly was trying to accomplish. Citing the findings of the United States Surgeon General, the Environmental Protection Agency, and the American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Illinois lawmakers were concerned with protecting the public from the health risks associated with indoor exposure to secondhand smoke.2Reports from these organizations indicate that some 2,900 Illinois citizens lose their lives each year from exposure to the hazard of secondhand smoke and that the problem cannot be eliminated or reduced to safe levels through ventilation or air cleaning filtration systems. This left the General Assembly with just one option—to eliminate all indoor smoking activities in public places wherever practicable.

Senate Bill 500 (Cullerton, D-Chicago) had 18 sponsors in the Senate and 34 in the House. Although popular in both legislative chambers, to no one’s surprise, the measure faced stiff opposition from the tobacco companies, bar owners, restaurateurs, and those in the hospitality industry.3In the end, the bill prevailed in the Senate with a vote of 34-23-1 and cleared the House by a margin of 73-42-1. The Governor signed the bill on July 23, 2007, and it became effective as Public Act 95-017 on January 1, 2008.

Illinois became the 26th state, in addition to Washington, D.C. and Puerto Rico, to pass some form of a smoke free law. On the international scene, Ireland became the first country to enact a nationwide smoking ban in 2004. A number of other countries have since followed suit.4

Requirements of the Act

The new law protects the public from exposure to secondhand smoke by prohibiting smoking in public places and places of employment and within 15 feet of any entrance to a public place or place of employment.5A “place of employment” is defined as “any area under the control of a public or private employer that employees are required to enter, leave or pass through during the course of employment.”6These areas include offices and work areas, restrooms, conference and classrooms, break rooms and cafeterias and other common areas.7The 15-foot ban also applies to windows that open and ventilation intakes that serve an enclosed area.8There is no requirement for an employer to provide an outdoor shelter for smokers. In fact, an employer may designate additional areas in the workplace as smoke free, such as a non-enclosed area.9

The term “public place” is broadly defined to include “that portion of any building or vehicle used by and open to the public,”10including those owned or leased by the government.11One interesting government venue where the ban could have a dramatic adverse effect is the State’s 28 prisons, which until the ban went into effect, still sold cigarettes in prison commissaries and allowed inmates to light up in cells and elsewhere. Regardless of how many of the approximately 44,000 prisoners in Illinois smoke, the new law means no more cigarettes anywhere in the facilities at any time.

Under the Act, smoking is still permitted outdoors, but it must take place 15 feet away from an exit, entrance, open window, or ventilation intake that serves an enclosed area where the activity is prohibited. Thus, patrons at beer gardens, tents, and outdoor patios can light up as long as the areas are not enclosed12or unless a local ordinance bans it.13

Signage and ashtrays

Beginning on January 1, 2008, “No Smoking” signs that meet certain specifications in the Act must be posted at each entrance to the place of employment or public place where smoking is prohibited by the person in control of the place.14The required signs may be downloaded from the Illinois Department of Public Health’s (Department) Web site (www.smoke-free.illinois.gov/Smoke-FreeSign.pdf). Ashtrays must be removed from areas where smoking is prohibited.15

Exemptions

Only four specific areas are exempt from the requirements of the Act.16Section 35 allows smoking to take place in private residences or other dwelling places unless these areas are used as a child care, adult day care, or healthcare facility, or any other home-based business open to the public.17

Retail tobacco stores in operation before January 1, 2008, that derive more than 80 percent of their gross revenue from the sale of loose tobacco, plants, or herbs and cigars, cigarettes, pipes, and other smoking devices for burning tobacco and related smoking accessories are also exempt.18A retail tobacco store that begins operation after January 1, 2008, may qualify for an exemption only if it is located in a freestanding structure occupied solely by the business and smoke from the business does not reach an enclosed area where smoking is banned.19A tobacco department or section of a larger commercial establishment or an establishment with any type of liquor, food, or restaurant license is not considered a retail tobacco store and must comply with the Act.20A retail tobacco store is required to provide an affidavit by January 31 of each year to the Department stating the percentage of its gross income that was derived from the sale of tobacco products.21

Smoking is also permitted in private and semi-private rooms in nursing homes and long-term care facilities where one or more of the occupants smoke and they have agreed in writing to stay in a smoking room.22Under proposed rulemaking by the Department, which is discussed below at length, these facilities must comply with statutes and administrative rules under which the facility is licensed and the fire protection and life safety codes included in those rules.23

Last, hotel and motel guest rooms that are designated as smoking rooms are exempt from the law, provided that the rooms on the same floor are contiguous and smoke from these rooms does not infiltrate into other areas where smoking is prohibited.24Another important requirement is that no more than 25 percent of the rooms in a hotel or motel may be designated as smoking rooms.25The number of smoking and nonsmoking rooms may not be changed, except to permanently add additional nonsmoking rooms.26

Complaints, enforcement, and violations

(Video) Taverns Clearing the Air Push for a Statewide Smoking Ban

Any person, such as an employee or patron, may file a complaint with the Department, a State certified local public health department, or a local law enforcement agency against an individual or employer.27Individuals can also file a complaint by calling the Department’s toll-free complaint line at (866) 973-4646 or by filing a written complaint. Complaint forms may be accessed online at <www.smoke-free.illinois.gov/Smoke-free_PrintableComplaintForm.pdf>.

Businesses that violate the law are fined on a progressive scale.28Fines range from $250 for a first offense29to $2,500 for multiple infractions within one year of the first violation.30An individual violator may be fined from $100 to $250.31The question of how a violator can appeal or challenge a citation is one of several hot button issues that has not yet been resolved.

Home rule regulation

The state law still permits local control, as long as the local ordinance is more stringent than the Act.32Local authorities may also increase fine structures for violations, add enforcement agencies and protocols, and prohibit smoking in other areas.33Currently, there are 45 city and county ordinances in Illinois banning smoking that were either already in effect or were passed after the statewide ban became law.34

Rulemaking attempts—up in smoke?

As background, Illinois law authorizes and requires administrative agencies to promulgate rules to implement the purpose of any specific statute affecting its operations. The Illinois Administrative Procedure Act (IAPA)35sets forth the steps to be followed in order for an agency to properly promulgate rules.

The procedures include two notice periods. The public comment or first notice stage begins when an agency files a notice with the Secretary of State for publication in the Illinois Register.36The public is entitled to at least 45 days notice so comments may be filed with the agency on the proposed rulemaking.37

The next stage, the legislative review or second notice period, commences when the agency serves written notice on the Joint Committee on Administrative Rules (JCAR),38a bi-partisan agency composed of 12 members of the General Assembly. After various reviews of the proposed rule changes are conducted internally by the JCAR staff, the matter is scheduled to be heard by the JCAR at a monthly meeting in either Springfield or Chicago. The JCAR can approve, object, or recommend changes to the proposals.39

The final stage in the rulemaking process is adoption.40In order to implement the changes, the agency must file certain documentation with the Secretary of State after the expiration of the second notice period.41

The Department’s proposed rules on the Smoke Free Illinois Act first appeared in the Illinois Register on October 5, 2007.42The rules, which may be accessed at <www.ilsos.net/departments/index/register/register_volume31_issue40.pdf>, define 65 words and terms.43Elsewhere in the rulemaking, there are three main areas of focus: proprietor responsibilities, outdoor patios, and complaints.44Proprietors are obligated to insure that smoking does not occur in areas where it is banned, stop smoke from infiltrating into areas covered by the Act, post signs, remove ashtrays, inform employees and applicants for employment of the prohibition, and not retaliate against an individual who has exercised any right under the law.45Second, smoking is permitted in an outdoor patio area provided the space is not entirely enclosed and is controlled by the proprietor.46Finally, the rules set out the procedure under which a complaint may be lodged with either the Department or other designated officials and the factors these agencies may consider in determining whether a violation has occurred.47

After the 45-day first notice period expired, the rules were scheduled to be heard by JCAR at its December 11, 2007, meeting. Committee members postponed the matter until the January meeting after citing six problems with the proposed rules.

At the meeting on January 9, 2008, JCAR voted 9-1 to object to the proposed rulemaking and prohibit its filing with the Secretary of State. The Committee found that the adoption of this rulemaking would constitute a serious threat to the public interest and welfare. The reasons for the objection and prohibition were as follows:

JCAR objected to and prohibited filing of the rulemaking because it contains no process by which an accused violator can argue that no violation occurred, appeal a finding of a violation, or appeal the amount of the imposed fine. An alleged violator’s only options are to pay the fine or challenge enforcement action through the circuit court. Lack of due process threatens the public interest and welfare. The proposed rulemaking may not be filed with the Secretary of State or enforced by the Department of Public Health for any reason following receipt of this certification and statement by the Secretary of State for as long as the Filing Prohibition remains in effect.48

Smoldering questions and possible legislative fixes

JCAR’s latest action means the controversy over the smoking ban rules has only just begun. Under the IAPA, a prohibition is permanent unless: (1) the agency agrees to satisfactorily modify the proposed rulemaking;49(2) JCAR withdraws the prohibition within 180 days;50or (3) the General Assembly passes a joint resolution within 180 days stating that it desires to discontinue the prohibition.51While Department officials were urged to redraft the proposals for the next scheduled meeting of JCAR on February 14, 2008, the Department’s position was not known when this edition of the newsletter was submitted to print.

In the meantime, with no workable administrative rules yet in place and no time frame for their implementation, some legislators have taken matters into their own hands and introduced bills to amend the month-old law. Representative Mike Boland (D-East Moline), who voted against the ban, is sponsoring House Bill 4333. The proposal would add veterans’ halls and clubs, like the American Legion and Veterans of Foreign Wars, to the list of exempted places where smoking can occur. Representative Boland believes the amendment is a way of rewarding veterans for their past military service to the country.

Representative Randy Ramey ®-West Chicago), who also opposed the law, is backing legislation that goes one step further. Under House Bill 4184, certain businesses, including riverboat casinos, horse racing tracks, adult entertainment facilities, private clubs that can document that three-fifths of its membership approves of smoking on the premises, some taverns that can prove that less than 10 percent of its revenue comes from food sales, and establishments hosting a tobacco convention, could seek a special smoking license, just like a liquor license, from their local municipality.

Both bills have been assigned to the House Environmental Health Committee.

(Video) Clearing the air on e-cigarettes

Other issues that need to be addressed include whether universities can legally conduct smoking-related research in state facilities and to what extent businesses, with outdoor premises that otherwise meet the requirements of the law, are liable for smoke that migrates into areas where the activity is banned.

A fast and easy solution? - Don’t hold your breath

Several lawmakers tried to expand the exemption language last year when Senate Bill 500 was being debated, but those efforts failed. Public interest groups and private organizations will no doubt fight attempts in the current legislative session to erode the statewide ban or amend other existing provisions. Therefore, the JCAR would appear to be the best venue for solving the Act’s more pressing problems, such as the due process concern. The rulemaking process is designed to allow participation from all interested parties—the public, lawmakers, and special interest groups. The forging of a consensus on a comprehensive set of rules will take time and effort but ultimately it should eliminate the need for legislative action where opponents would have another opportunity to rewrite the law.

__________

The author is the Assistant General Counsel of the Illinois Department of Revenue and a member of the ISBA’s Standing Committee on Government Lawyers. The opinions expressed herein are solely his and not those of the Department of Revenue.

1. See Public Act 95-017, effective January 1, 2008, to be codified at 410 ILCS 82/1 et seq.

2. To be codified at 410 ILCS 82/5.

3. According to the Tobacco Free Kids Web site (www.tobaccofreekids.org), the other states are Arizona, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Idaho, Louisiana, Maine, Maryland (Feb. 1, 2008), Massachusetts, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, Ohio, Oregon (Jan. 1, 2009), Rhode Island, Utah, Vermont and Washington.

4. Id. Smoke free countries include Bermuda, Bhutan, England, France, Iceland, Italy, Lithuania, New Zealand, Northern Ireland, Norway, Scotland, Sweden, Uruguay and Wales. In addition, most Canadian provinces/territories and Australian states/territories have enacted such laws.

5. To be codified at 410 ILCS 82/15.

6. To be codified at 410 ILCS 82/10.

7. Id.

8. Id.

9. To be codified at 410 ILCS 82/30.

10. To be codified at 410 ILCS 82/10. Examples of a “public place” under the Act include hospitals, restaurants, bars, taverns, retail stores, offices, elevators, indoor theatres, libraries, museums, concert halls, educational facilities, auditoriums, enclosed or partially enclosed sports arenas, meeting rooms, schools, exhibition halls, commercial establishments, convention facilities, polling places, private clubs, gaming facilities, college dormitories, healthcare facilities or clinics, enclosed shopping centers, retail service establishments, government facilities, financial institutions, ticket areas, public hearing facilities, public restrooms, nursing homes, waiting areas, lobbies, bowling alleys, skating rinks, reception areas, public conveyances, like taxi cabs, buses, and shuttles, and no less than 75 percent of the sleeping quarters within a hotel, motel, resort, inn, lodge, bed and breakfast or other similar public accommodation rented to guests.

11. Id.

12. Id. See definition of “enclosed area”.

13. Some municipalities are banning smoking outdoors. For instance, smoking at the beach is prohibited in the cities of Chicago, Lake Forest, and Wilmette, while Deerfield, Buffalo Grove, and Oak Park have banned it in parks. Evanston is considering a prohibition on beaches and playgrounds.

(Video) SWFL reactions mixed to new beach smoking ban

14. To be codified at 410 ILCS 82/20(a).

15. To be codified at 410 ILCS 82/20(c).

16. To be codified at 410 ILCS 82/35.

17. To be codified at 410 ILCS 82/35(1).

18. To be codified at 410 ILCS 82/35(2).

19. Id.

20. To be codified at 410 ILCS 82/10.

21. To be codified at 410 ILCS 82/35(2).

22. To be codified at 410 ILCS 82/35(3).

23. Smoke Free Illinois Code, 31 Ill. Reg. 13672 (2007) (to be codified at 77 Ill. Adm. Code 975, Section 975.90 (c)) (proposed Oct. 5, 2007).

24. To be codified at 410 ILCS 82/35(4).

25. Id.

26. Id.

27. To be codified at 410 ILCS 82/40(b).

28. To be codified at 410 ILCS 82/45(b).

29. Id.

30. Id.

31. Id.

(Video) Toddler Chain-Smokes Through 2 Packs of Cigarettes a Day

32. To be codified at 410 ILCS 82/65(a).

33. To be codified at 410 ILCS 82/65(b).

34. According to the Smoke Free Illinois Web site (www.smokefreeillinois.org), the Illinois counties and cities are Arlington Heights, Barrington, Bedford Park, Bloomington, Buffalo Grove, Burr Ridge, Carbondale, Champaign, Chicago, Cook County, Deerfield, DeKalb, Elk Grove Village, Evanston, Hawthorn Woods, Highland Park, Hinsdale, Hoffman Estates, Lake County, Lake Forest, Libertyville, Lincolnshire, Lindenhurst, Long Grove, McLean County, Mt. Prospect, Naperville, Normal, Northbrook, Oak Park, Orland Park, Palatine, Park Forest, Park Ridge, Riverside, Rolling Meadows, Sangamon County, Schaumburg, Skokie, Springfield, Tinley Park, Urbana, Vernon Hills, Wheaton, and Wilmette.

35. 5 ILCS 100/1-1 et seq. (West 2006).

36. 5 ILCS 100/5-40(b) (West 2006).

37. Id.

38. 5 ILCS 100/5-40(c) (West 2006).

39. Id.

40. 5 ILCS 100/5-40(d) (West 2006).

41. 5 ILCS 100/5-65(a) (West 2006).

42. 31 Ill. Reg. 13672 (2007).

43. Id. Section 975.10 of the Smoke Free Illinois Code (to be codified at 77 Ill. Adm. Code 975).

44. Id. Sections 975.40, 80, and 100 of the Smoke Free Illinois Code (to be codified at 77 Ill. Adm. Code 975).

45. Id. Section 975.40 (b) and (c) of the Smoke Free Illinois Code (to be codified at 77 Ill. Adm. Code 975).

46. Id. Section 975.80 of the Smoke Free Illinois Code (to be codified at 77 Ill. Adm. Code 975).

47. Id. Section 975.100 of the Smoke Free Illinois Code (to be codified at 77 Ill. Adm. Code 975).

48. 32 Ill. Reg. 1169 – 1/25/08.

49. 5 ILCS 100/5-115(d) (West 2006).

(Video) The Smoking Ban | Yes, Prime Minister | Comedy Greats

50. 5 ILCS 100/5-115(a) (West 2006).

51. 5 ILCS 100/5-115(c) (West 2006).

FAQs

What is the answer of nationwide smoking ban? ›

In conclusion, we found that nationwide indoor smoking ban is associated with less smoking and improved lung function in the general population. Implementing an indoor smoking ban can improve lung function by influencing smoking behaviour and reducing secondhand smoke.

Which country has no smoking? ›

Smoking in all public places in Bhutan became illegal on 22 February 2005. It thus became the first nation in the world to outlaw this practice outright. The Tobacco Control Act of Bhutan was enacted by parliament on 16 June 2010.

Can you smoke in a private club in Illinois? ›

The Smoke-free Illinois Act prohibits smoking in virtually all public places and workplaces, including offices, theaters, museums, libraries, educational institutions, schools, commercial establishments, enclosed shopping centers and retail stores, restaurants, bars, private clubs and gaming facilities.

Is it illegal to smoke in a house with a child in NY? ›

Governor Andrew M. Cuomo today signed legislation to further protect children from exposure to secondhand smoke. The bill prohibits individuals from smoking in facilities that provide child care services, including private homes.

Why are people against the smoking ban? ›

Smoking bans take away people's freedom

Smoking bans can be seen as an infringement of freedom of choice. Smoking is a legal habit, and 28% of European adults are regular smokers, yet they cannot freely choose where they would like to enjoy their cigarette.

Why are they trying to ban cigarettes? ›

Apart from reducing human suffering, abolishing the sale of cigarettes would result in savings in the realm of healthcare costs, increased labour productivity, lessened harms from fires, reduced consumption of scarce physical resources, and a smaller global carbon footprint.

What nation smokes the most? ›

Nauru has the highest smoking rates in the world at 52.1%. Oddly, women smoke slightly more than men in Nauru (52.6% to 51.7%), which is somewhat of an outlier. The second-highest rate belongs to Kiribati, whose (52.0%) total consists of 68.6% of males and 35.5% of females, which is a more typical distribution.

What religion does not smoke? ›

Jehovah's Witnesses have not permitted any active members to smoke since 1973. The Seventh-day Adventist Church also recommends that its members abstain from tobacco use.

Where are the most smokers in the world? ›

More than 80% of all smokers now live in countries with low or middle incomes, and 60% in just 10 countries, a list headed by China. China is the world's most populated country, and is also the leading country in the cigarette industry.

Is it illegal to smoke in a drive thru in Illinois? ›

Although customers are in their personal vehicles, the drive through window is considered an entrance and is therefore protected by the law. Tony Dede with the Adams County Health Department urges residents to put out their cigarettes when going through a drive-thru.

Is it legal to smoke a joint in public in Illinois? ›

Cannabis must only be purchased from a state-approved dispensary. There is no public consumption allowed for cannabis. Smoking or consuming weed is illegal in motor vehicles and public spaces, including your front porch.

Can you smoke cigarettes on the sidewalk in Chicago? ›

If smoking is not permitted inside the establishment, then smoking is prohibited within 15 feet of the entrance. The owner may permit smoking in the are of the patio, sidewalk cafe, or rooftop that is more than 15 feet from the entrance.

Can I report my Neighbour for smoking? ›

You should report your concerns to the police in the first instance as they have statutory powers to investigate allegations of drug use. To do so please call your local station, or contact them via their website(opens in a new tab).

Can I file a complaint against my neighbor for smoking? ›

Your city or county health department or local smokefree coalition can assist you. Even if there isn't currently a law in your area, there may be efforts underway to track complaints about drifting smoke in housing, encourage landlords to make their buildings smokefree, and other local resources that you can utilize.

Can you stop your neighbor from smoking? ›

Homeowners and renters can take action against cigarette-smoking neighbors. Non-smoking laws in public places have swept the nation, but until recently, if the smoke wafting into your house, condominium, or apartment from your neighbor's cigarette bothered you, all you could do was move out.

What country is trying to ban smoking? ›

New Zealand is determined to achieve a national goal of reducing its national smoking rate to 5% by 2025, with the aim of eventually eliminating it altogether. At the moment, 13% of New Zealand's adults smoke, with the rate much higher among the indigenous Maori population, where it soars to almost a third.

Can you smoke in public in France? ›

Smoking is generally prohibited in indoor public places and workplaces; however, in some of these places, owners or managers may create designated smoking areas. Smoking is prohibited in most forms of public transport, with exceptions for taxis and outdoor places on commercial watercraft.

When did they stop smoking on planes? ›

On February 25, 1990, the “no-smoking” sign was permanently lit on U.S. domestic airline flights – for the health of flight attendants and passengers. This eventually led to smokefree air on all flights to and from the U.S. and to smokefree policies for airlines worldwide.

What is the safest cigarette to smoke? ›

The only reliable evidence of reduced risk associated with cigarette smoking is by not smoking and avoiding exposure to cigarette smoke. Ultimately, there is no such thing as a safe cigarette.

What is the best cigarette to smoke? ›

Top-7 Cigarettes by Popularity
  • Parliament. This product is made from the selected tobacco raw materials, equipped with a highly efficient carbon filter;
  • Kent. They are not worse than Parliament in quality, as they have an acetate-carbon filter. ...
  • Captain Black. ...
  • Dunhill. ...
  • Vogue. ...
  • Marlboro. ...
  • Camel.
16 Apr 2021

Are menthol cigarettes going to be banned in 2022? ›

Proposed FDA ban on menthol cigarettes, flavored cigars, a win for public health. May 10, 2022—The U.S. Food and Drug Administration (FDA) has proposed new rules that ban the manufacture and sale of menthol cigarettes and all flavored cigars, according to an April 28, 2022 announcement.

What US city smokes the most? ›

Detroit tops the list, with nearly 30% of all adults there identifying as smokers. With an estimated 503,934 adults in Detroit, that means there are about 147,148 smokers in the city. Cleveland has the same percentage of smokers as Detroit, but with a smaller population, the city has fewer total smokers.

What part of the US smokes the most? ›

In 2022, West Virginia had the highest smoking rate in the U.S., at 23.8%. Utah had the lowest smoking rate, with less than 10% of the population smoking.

What did Native Americans smoke? ›

Many communities have a unique relationship with traditional, or sacred, tobacco. The tobacco plant is considered a sacred gift by many American Indian and Alaska Native communities. Traditional tobacco has been used for spiritual and medicinal purposes by these communities for generations.

Does the Bible say not to smoke? ›

Paul said, “For this ye know, that no whoremonger, nor unclean person, nor covetous man, who is an idolater, hath any inheritance in the kingdom of Christ and of God” (Ephesians 5:5). Smoking is covetousness and, as Paul stated here, idolatry!

Do Mormons smoke cigarettes? ›

The Church of Jesus Christ of Latter-day Saints or Mormon faith provides an example. Mormon doctrine prohibits smoking, and although about 8% of Americans who identify as Mormons smoke regardless, this smoking rate is less than half of the 20% found for the general adult population in 2012.

Can Jehovah Witnesses smoke? ›

Jehovah's Witnesses do not smoke or use other tobacco products.

How many cigarettes do Chinese smoke? ›

There are more than 300 million smokers in China, nearly one-third of the world's total. More than half of adult men are current tobacco smokers. About one in every three cigarettes smoked in the world is smoked in China.

Which country has most female smokers? ›

Smoking prevalence, females (% of adults) - Country Ranking
RankCountryValue
1Nauru49.10
2Serbia39.10
3Bulgaria37.10
4Croatia36.10
118 more rows

How many cigarettes a day is heavy smoking? ›

Background: Heavy smokers (those who smoke greater than or equal to 25 or more cigarettes a day) are a subgroup who place themselves and others at risk for harmful health consequences and also are those least likely to achieve cessation.

Can you smoke in your own car? ›

Can passengers smoke in the car? Assuming there are no occupants in the car who are under 18, and it is not a work vehicle, it is legal for passengers to smoke in it. They must not distract the driver, though.

Can you smoke in hotels in Illinois? ›

Up to 25 percent of hotel or motel sleeping rooms may be designated as smoking rooms, provided they are on the same floor, contiguous and smoke from these rooms does not infiltrate into nonsmoking rooms.

Can truckers smoke while driving? ›

At the government level, there aren't many rules preventing truck drivers from smoking on the job. The only exceptions are restrictions on smoking in a truck while hauling HAZMAT material. The Federal Motor Carrier Safety Administration (FMCSA) prohibits smoking within 25 feet of such a vehicle.

How many dispensaries can you visit a day in Illinois? ›

Illinois does not limit the number of dispensaries a person can visit in one day, however, there is a limit on how many cannabis products can be purchased.

Is it illegal to smoke with a child in the car in Illinois? ›

Provides that a person shall not smoke in a motor vehicle containing a person under 18 years of age. Defines smoking as inhaling, exhaling, burning, or carrying a lighted cigarette, cigar, pipe, weed, plant, regulated narcotic, or other combustible substance.
...
DateChamberAction
1/13/2015SenateSession Sine Die

How can I prove my neighbor is smoking inside? ›

Usually, tenant smoking is easy to detect by the distinctive smell on walls, in carpeting and furniture, signs of ash or cigarette butts, and yellow or brown discoloration on walls, counters, cabinets, doors and trim. Even with camouflage, you can usually find enough signs to prove indoor smoking.

Can you smoke a joint on the street in Chicago? ›

Consumption & Possession

Public consumption is illegal. This includes streets, parks, and areas adjacent to licensed dispensaries. It is illegal to consume cannabis in any vehicle (moving or not) and operating a vehicle under the influence of cannabis is illegal.

Can you smoke on trains in Chicago? ›

Smoking is completely banned on CTA. If you see someone smoking, please make sure the nearest staff, who can address the issue, are aware. You can change cars at the next stop, via platform, to use the call button in that car if you're uncomfortable doing so from yours. 6:43 PM · Mar 25, 2021 ·Hootsuite Inc.

Where can I smoke cigarettes in Chicago? ›

Smoking is permitted in non-enclosed workplaces, In enclosed workplaces with one or two employees, and inbars that do not allow individuals under 21 years old inside.

What to do with Neighbours who smoke? ›

However, there are ways you can try to address the issue:
  1. Speak to your neighbour. Ask your neighbour politely to smoke somewhere that does not impact you. ...
  2. Report the issue to your local council. ...
  3. Contact the property manager. ...
  4. Seek legal advice.

How do you keep cigarette smoke from coming out of walls? ›

Close all points of entry where secondhand smoke may enter your apartment, such as openings in walls and doors and electrical outlets. Use a weather strip under and around the door to prevent smoke from drifting in. Discuss sealing cracks or gaps in the smoker's apartment with your neighbor or building staff.

How do you stop Neighbours smoke entering my house? ›

Use insulation padding and painter's tape to block vents and large gaps. Smoke may also drift in through air vents or gaps around your heating or air conditioner. You may be able to block the smoke by covering the gaps with insulation padding or painter's tape.

Can cigarette smell go through walls? ›

Secondhand smoke can travel through doorways, cracks in walls, electrical lines, ventilation systems and plumbing.

Do air purifiers help with cigarette smoke? ›

Taylor Hays, M.D. If you're looking for an air purifier that will eliminate cigarette smoke, you're out of luck. Tobacco smoke is made up of gaseous pollutants and particulate matter. Most air purifiers, also called air cleaners, aren't designed to remove gaseous pollutants.

How far does cigarette smoke travel outside? ›

Depending upon weather conditions and air flow, tobacco smoke can be detected at distances between 25-30 feet away. The harm of tobacco smoke is greater if there are many lit cigarettes burning at the same time and if someone is close to the tobacco smoke.

Do smokers have the right to smoke? ›

There is no such thing as a constitutional “right to smoke,” since the U.S. Constitution does not extend special protection to smokers. Smoking is not a specially protected liberty right under the Due Process Clause of the Constitution.

How do you live with someone who smokes in the house? ›

Tips For Keeping Indoor Air Fresh When You Live With A Smoker
  1. Find a good air purifier. An air purifier is one of the fastest and best ways to keep indoor air fresh when you're living with a smoker. ...
  2. Use natural ventilation. ...
  3. Go for indoor plants. ...
  4. Recycling the air. ...
  5. Activated & Bamboo Charcoal.
15 Feb 2018

Can you smoke on the balcony of a cruise ship? ›

Onboard, all interior public spaces are smoke free. Smoking is not permitted in any dining venue, theater, bar, lounge, hallway, elevator, and jogging track. Smoking is not permitted inside any stateroom and any stateroom balcony.

Is it right to ban smoking? ›

Therefore smoking should be banned in all public places. It is true that smokers have rights to smoke and these rights should not be infringed upon. However, a non-smoker's right to breathe clean air and maintain a healthy lifestyle without breathing in second hand smoke, should be protected as well.

When was the national smoking ban issued? ›

July 1st, 2022, is the fifteenth anniversary of the 2007 smokefree legislation that prohibited smoking inside public spaces such as offices, shops and pubs.

What is the smoking ban called? ›

After research confirmed the harmful effects to health of smoking and second hand smoke (passive smoking) the Smoke Free law was introduced to protect individuals in public places and in the work place.

Why did the government ban smoking? ›

The ban was the result of a long campaign, beginning with studies in the 1950s, demonstrating the link between smoking and lung cancer. A review commissioned by the Department of Health on the impact of the smoking ban suggested that the ban had resulted in changes in attitudes and behaviours.

Why do people smoke? ›

Nicotine is a stimulant that speeds up a person's reaction time and increases his or her attention and focus. Many smokers report that they enjoy the ritual of smoking. They also say that smoking gives them a pleasurable feeling. Smoking relieves their nicotine withdrawal symptoms.

How many people smoke in the world? ›

Tobacco kills more than 8 million people each year. More than 7 million of those deaths are the result of direct tobacco use while around 1.2 million are the result of non-smokers being exposed to second-hand smoke. Over 80% of the world's 1.3 billion tobacco users live in low- and middle-income countries.

Is the US going to ban smoking? ›

The United States Congress has not attempted to enact any type of nationwide federal smoking ban in workplaces and public places.

How much is a pack of cigarettes in Scotland? ›

This average is based on 8 price points. At this point it is only a guess. Latest update: November 23, 2022.

Where is it legal to smoke indoors? ›

Smoking is permitted in a private residence, although not in areas used as a shared work-space. In flats with communal entrances or shared corridors, smoking is not permitted.

Is vaping better than smoking? ›

1: Vaping is less harmful than smoking, but it's still not safe. E-cigarettes heat nicotine (extracted from tobacco), flavorings and other chemicals to create an aerosol that you inhale. Regular tobacco cigarettes contain 7,000 chemicals, many of which are toxic.

How many states have smoking bans? ›

As of June 30, 2022, 28 states (Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nebraska, New Jersey, New Mexico, New York, North Dakota, Ohio, Oregon, Rhode Island, South Dakota, Utah, Vermont, Washington, and Wisconsin ...

Did the smoking ban reduce smoking? ›

Commenting Mark Murphy, Advocacy Officer with the Irish Heart Foundation said, “This research conclusively shows that the introduction of strong tobacco control measures, such as the 2004 workplace smoking ban, has not only reduced adult smoking levels but also among teenagers and adolescents who the tobacco industry ...

Did people smoke in the 50s? ›

In the 1950s, smoking was very prevalent in the United States, and advertisers would often promote cigarettes as beneficial to one's health. However, also in the 1950s, medical studies began to come out that indicated cigarettes did not offer any benefits to one's health.

What government can do to stop smoking? ›

Five ways councils can help people to quit smoking
  1. High quality stop smoking services. ...
  2. Campaigns and marketing strategies. ...
  3. Smoke-free homes and cars. ...
  4. Enforcing smoke- free legislation. ...
  5. Strong leadership.
6 Jan 2014

Who invented cigarettes? ›

Early in the 16th century beggars in Sevilla (Seville) began to pick up discarded cigar butts, shred them, and roll them in scraps of paper (Spanish papeletes) for smoking, thus improvising the first cigarettes. These poor man's smokes were known as cigarrillos (Spanish: “little cigars”).

Videos

1. California Prop 31: Flavored Tobacco Ban, explained in 1 min (2022)
(CalMatters)
2. From Patches to Full Quilt: Passing the State's Smoke-Free Workplace Law
(TobaccoFreeMass)
3. California Cop Drags 20-Year-Old Woman Out of Car by Her Hair
(Inside Edition)
4. How To Get Rid Of Neighbors Smoke Smell In Your Home
(Shell Busey)
5. The Meth Epidemic (full documentary) | FRONTLINE
(FRONTLINE PBS | Official)
6. New law allows counties, cities to ban smoking at beaches, parks
(WPTV News - FL Palm Beaches and Treasure Coast)
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