Smoking is no longer a crime in the United States, but it remains a crime at many places of business and pleasure, from restaurants to bars.

What is it?

The federal law outlaws the sale, possession and use of tobacco products, but some states still allow it.

Where are the laws?

Some states have laws on the books, but the law in most states is still a little unclear.

What’s the difference between smoking in a bar and in a restaurant?

The difference is in the laws.

In most states, smoking in bars and restaurants is legal, but smoking in the home is not.

What are the penalties for smoking in your home?

Smoking in your residence is not a crime, but if you break a law by smoking in it, the penalties can be serious.

Smoking in a home can lead to a misdemeanor charge and a criminal record.

Can you be arrested and charged with smoking in my home?


In many states, it is legal to smoke in your own home, but not everywhere.

What can you do if you have a tobacco-related arrest?

If you are arrested for smoking tobacco in your house, your attorney may be able to help you avoid jail time and help you get treatment for your addiction.

What if I want to buy a cigarette?

The best way to buy cigarettes is through a licensed cigarette retailer, and the regulations vary from state to state.

How do I buy a smoke-free cigarette?

If your state has smoke-prevention laws, you can order a cigarette online through a smoking cessation program.

For more information, contact your state’s Department of Public Health.

How long does smoking take to quit?

Smoking takes a lifetime to completely quit, so if you are trying to quit, it will take a lot longer than that.

Can I smoke in public?

No, smoking is illegal in many places, including restaurants and other public places.

What happens if I have a health problem?

If the government or a health care provider has a problem with you, they may refer you to a smoking-preventive program or to a public health clinic.

Where can I find help?

Visit the Smoke-Free Communities Hotline at 1-800-338-7277 or call the National Coalition to Prevent Tobacco Smoke.

What information can I expect from the state?

There are many different ways the government can help you, from talking to health care providers to visiting the Department of Health and Human Services website.

Where do I get help?

You can get help at a smoking prevention program or call a health provider, including the National Center for Behavioral Health Information.

What should I know about smoking?

For more on smoking, check out the U.S. Centers for Disease Control and Prevention’s Smoke-free Communities web page.

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