Vaping Behind Bars

North Carolina inmates are not allowed to have tobacco products, and other people are not allowed to give tobacco products to them. This session, the legislature changed the law—twice—to address the use of vapor products (like e-cigarettes) in our prisons and jails. Today’s post discusses those changes, beginning with some background on existing law. My colleague Jill Moore, expert in public health law, previously wrote more broadly about e-cigarettes here and here, and I credit her with flagging some of the issues discussed below. Let’s start with existing law. For the state prisons, G.S. 148-23.1 prohibits any person from using or possessing tobacco products on the premises of a State correctional facility, except for authorized religious purposes. The restriction extends to inmates, employees, and visitors, although employees and visitors may keep (but not use) tobacco products in a locked motor vehicle in the parking area. G.S. 148-23.1(b1). Inmates and employees who violate the prohibition are subject to administrative sanctions, while visitors who violate may lose visitation privileges. There is no criminal penalty for a violation. By contrast, under G.S. 14-258.1, any person who gives or sells tobacco products to a prison inmate, or to a non-inmate for delivery to an inmate, is guilty of a Class 1 misdemeanor. G.S. 14-258.1 defines “tobacco product” by reference to G.S. 148-23.1, which previously covered cigars, cigarettes, snuff, loose tobacco, and similar goods used for smoking, chewing, or dipping. The rules for jails are similar, but not identical. The prohibition on giving or selling tobacco [...]