FAQ

Q: What is the Smokefree Alaska Law?

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A: The Smokefree Alaska Law (AS 18.35.300 – 18.35.399) is a state law that prohibits smoking and vaping in workplaces and public places, protecting the health of all Alaska workers, residents and visitors. The Alaska Legislature passed the law during the 2017-2018 regular legislative session, with an effective date of October 1, 2018.

Smoking and vaping devices include e-cigarettes, vape pens/personal vaporizers and e-hookah, whether or not the device contains nicotine.

Q: Why do we need a smokefree workplace law?

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A: The Smokefree Alaska Law protects the health of all Alaskans by reducing exposure to secondhand smoke. Nonsmokers who are exposed to secondhand smoke at work are more likely to develop heart disease, lung cancer or other diseases.

Q: Where is smoking and vaping not allowed indoors?

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A: Under the Smokefree Alaska Law, smoking and vaping is not allowed in the following:

  • All places of employment including vehicles
  • Office buildings and offices
  • Hotels and motels
  • Restaurants and bars
  • Retail stores and shopping centers
  • Common areas in an apartment building or multiple-family dwelling
  • Public or private educational facilities
  • Places of government or public assembly
  • Public transportation facilities, including bus shelters, airport terminals, transit depots
  • Health care facilities, including residential units in health care facilities
  • In buildings or homes used to provide paid child care whether or not children are present in the building, or in buildings or residences, or care for adults on a fee-for-service basis
  • Vessels operating as a shore-based fisheries business
  • Entertainment venues or sport arenas
  • Busses, ferries, taxis, or other vehicles used for public transportation

Q: Where is smoking and vaping not allowed outdoors?

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A: Under the Smokefree Alaska Law, smoking and vaping is not allowed in the following outdoor areas:

  • within 20 feet of an entrance, open window, or heating or ventilation system air intake vent at an enclosed area at a place where smoking is prohibited
  • within a reasonable distance, as determined by the owner or operator, in the case of a vessel operating as a shore-based fisheries business or a long-term health care facility
  • a seating area for an outdoor arena, stadium, or amphitheater
  • at a place of employment or health care facility that has declared the entire campus or outside grounds or property to be smoke-free
  • within 10 feet of an entrance to a bar or restaurant that serves alcoholic beverages
  • within 10 feet of playground equipment located at a public or private school or at a state or municipal park while children are present

Q: Where can I smoke and vape?

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A: Smoking is allowed in private residences and vehicles. Unless prohibited by a business owner/operator, smoking is permitted in a business vehicle used exclusively by only one person, on vessels engaged in commercial or sport charter fishing, private clubs under circumstances defined in the law, some stand-alone shelters, at retail tobacco or e-cigarette stores under circumstances defined in the law, and other outdoor areas specifically identified as allowing smoking.

Q: Does the Smokefree Alaska Law include marijuana?

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A: Yes. The definition of smoking in the Smokefree Alaska Law includes marijuana smoking.

However, the Smokefree Alaska Law defers authority for on-site consumption, in licensed marijuana retailers, to the Alaska Marijuana Control Board. Rulemaking is currently under development for on-site consumption. There are additional restrictions that prohibit the use of marijuana in public places, as guided under AS 17.38.040.

Q: Are taxis and other ride hailing businesses affected by the Smokefree Alaska Law?

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A: Yes. Under the Smokefree Alaska Law vehicles used to provide paid transportation are considered places of employment. Many familiar ride-hailing companies already have their own smokefree policy that drivers are required to follow.

Q: Are fishing boats covered under this law?

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A: Smoking is prohibited on vessels operating as shore-based fisheries businesses. Smoking is allowed on commercial or sport charter fishing boats, while fishing, unless prohibited by the owner or operator.

Q: As a patron or employee, how do I comply with the policy?

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A: Do not smoke or vape where it is not allowed.

Q: What is secondhand smoke?

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A:

  • Smoke from burning cigarettes, cigars, pipes, smoke exhaled by the person smoking, and smoke from use of tobacco, marijuana, or other plant product intended for inhalation.
  • Exhaled aerosol or vapor from electronic smoking devices such as e-cigarettes, vape pens/personal vaporizers and e-hookah.

Q: I want to stop smoking. Are there resources to help me to quit?

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A: The State of Alaska offers free cessation support to all Alaskans through Alaska’s Tobacco Quit Line. Interested parties can call
1-800-QUITNOW (1-800-784-8669) or visit alaskaquitline.com
to connect with a quit coach and start their quit attempt.

Q: Are there fines or penalties for individuals who choose not to comply with the law?

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A: Under the Smokefree Alaska Law, individuals who choose not to comply with the law are subject to a $50 fine.

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