What are the legal regulations on the import, trade, possession and use of electronic cigarettes?

Is the Import of Electronic Cigarettes Prohibited?

Article 55 of the Customs Law No. 4458 stipulates that the President may prohibit or restrict the use of goods for various reasons. The aforementioned article reads as follows: "The President may impose prohibitions or restrictions on the subjection of goods to a customs-approved process or use on the grounds of public morality, public order, public security, protection of human, animal and plant health and life, protection of national treasures of artistic, historical or archaeological value, protection of intellectual and industrial property rights." It is as follows.

With the "Decision on the Import of Electronic Cigarettes and Similar Devices and Some Tobacco Products and Products Used to Imitate Tobacco Products" numbered 2149, which was issued on the basis of this article and published in the Official Gazette on 25.02.2020, the import of all kinds of products including electronic cigarettes and electronic hookahs and electronic devices, parts, spare parts and solutions used in the consumption of these products is prohibited. 

Is it Possible to Enter the Country with Electronic Cigarettes for Personal Use?

The aforementioned Presidential Decree states that the Ministry of Trade will make regulations regarding the entry and transit of these goods, the import of which is prohibited by the aforementioned Presidential Decree.

The Ministry of Trade has also issued Circular No. 2020/7 based on the authorization it received from the Presidential Decree. According to the aforementioned circular, it is stated that passengers over the age of 18 will be allowed to enter all kinds of products, including one electronic cigarette and electronic hookah, for their own use; up to 200 heated tobacco products or cartridges or solutions not exceeding 30 ml in total, or up to 10 disposable electronic cigarettes. It is stated that these items in quantities exceeding the specified amounts must be taken to the passenger goods warehouse to be delivered at the exit abroad and the items not taken by the passengers on time will be destroyed. It is also stated that the said provisions will also be applied to transit passengers who will enter our country by land and sea.

When there is a suspicion of smuggled goods at the entry of the said goods into the country, it is regulated that the goods will be seized, delivered to the customs administration with a report and destroyed in accordance with Article 11 of the Anti-Smuggling Law No. 5607.

What is the Penalty for Importing and Trading Electronic Cigarettes?

It has been explained above that the importation of electronic cigarettes into our country is prohibited, but the traveler may bring one electronic cigarette for personal use. If electronic cigarettes are brought into the country for trade in violation of the above-mentioned regulations, those who carry out this act will be punished under Article 3/5 of the Anti-Smuggling Law No. 5607. According to the aforementioned article;

The penalty to be taken by the person who brings electronic cigarettes into the country without subjecting them to customs procedures;

Since the importation of electronic cigarettes is prohibited by the CBK, it will only be possible to enter the country with one electronic cigarette for personal use. However, if a number of electronic cigarettes exceeding personal use are brought into the country, the person who commits this act will be sentenced to imprisonment from one year to five years and a judicial fine up to ten thousand days. If electronic cigarettes are brought into the country from outside the customs gates, the penalty to be imposed will be increased from one third to one half.

 Penalty for those who trade electronic cigarettes;

 Any person who knowingly and for commercial purposes purchases, offers for sale, sells, transports or stores electronic cigarettes from persons who bring electronic cigarettes into the country in excess of personal use will be sentenced to imprisonment from one year to three years and a judicial fine of up to five thousand days.

Is Using Electronic Cigarettes a Crime?

Although legal regulations have been made regarding the entry and trade of electronic cigarettes into the country, there is not yet a legal regulation prohibiting their use. It is considered that it is not possible at this stage to impose any judicial or administrative sanctions on those who use electronic cigarettes in accordance with the principle of legality of crimes and punishments and the assurance in Article 38 of the Constitution that "no one can be punished for an act that the law in force at the time it was committed does not criminalize; no one can be given a heavier punishment than the punishment set for that crime in the law when he committed the crime". However, since electronic cigarettes have recently emerged and become widespread, it is estimated that legal regulations will be made regarding the use of electronic cigarettes.

Are There Any Restrictions on the Use of Electronic Cigarettes?

With the regulations made in our country in 2008, the consumption of tobacco products was banned in all indoor areas open to the public, and in 2009, the consumption of tobacco products was banned in establishments such as restaurants, coffee houses, cafeterias, breweries belonging to private law persons.

Article 2 of the Law No. 4207 on the Prevention and Control of Harms of Tobacco Products lists the places where the use of tobacco products is prohibited. Since electronic cigarettes are also tobacco products, their use is prohibited in these places. The places listed in the relevant article are as follows;

(1) Indoor areas of public service buildings,

(2) Indoor areas of buildings, including corridors, for all kinds of educational, health, production, commercial, social, cultural, sports, entertainment and similar purposes, belonging to private law persons and accessible to more than one person (except residential buildings),

(3) Driver seats of private vehicles and road, rail, maritime and air public transportation vehicles, including those providing taxi service,

(4) Indoor and outdoor areas of pre-school education institutions, classrooms, primary and secondary education institutions including private education and training institutions, cultural and social service buildings,

(5) Restaurants belonging to private law persons and establishments providing entertainment services such as coffee houses, cafeterias, beer houses.

In case of vaping in the above-mentioned areas despite this prohibition, an administrative fine of 977.00 TL shall be imposed in accordance with Article 39 of the Law on Misdemeanors, valid for the year 2024. Against the administrative sanction decision regarding the administrative fine, those concerned may apply to the criminal court of peace within fifteen days at the latest from the date of notification or announcement of the decision. If the application is not made within this period, the administrative sanction decision becomes final and is collected from the relevant person.

References

Article 38 of the Constitution,

Article 55 of Customs Law No. 4458,

Article 3 and Article 11 of the Anti-Smuggling Law No. 5607,

Article 27 and Article 39 of the Law on Misdemeanors

Article 2 of Law No. 4207,

Presidential Decree No. 2149,

Circular No. 2020/7 - Ministry of Trade.