<P> The United States Congress has not attempted to enact any nationwide federal smoking ban . Therefore, smoking bans in the United States are entirely a product of first - level jurisdictional, local criminal, and occupational safety and health laws . </P> <P> In 1995, California was the first state to enact a statewide smoking ban; throughout the early to mid-2000s, especially between 2004 and 2007, an increasing number of states enacted a statewide smoking ban of some kind . As of July 2017, the most recent statewide smoking ban is North Dakota's, which was ratified by voters on November 6, 2012 . </P> <P> As further detailed in this list, smoking laws vary widely throughout the United States . Some places in the United States do not generally regulate smoking at all, some ban smoking in certain areas and not others, and some ban smoking nearly everywhere, even in outdoor areas (no state bans smoking in all public outdoor areas, but some local jurisdictions do). As of July 1, 2017, according to the American Nonsmokers' Rights Foundation, 81.5% of the U.S. population lives under a ban on smoking in "workplaces, and / or restaurants, and / or bars, by either a state, commonwealth, or local law", and 58.6% live under a ban covering all workplaces and restaurants and bars . A smoking ban (either state or local) has been enacted covering all bars and restaurants in each of the 60 most populated cities in the United States except these 11: Atlanta, Jacksonville, Memphis, Miami, Las Vegas, Nashville, Oklahoma City, Philadelphia, Tampa, Tulsa, and Virginia Beach . </P> <P> As of July 2017, 25 states have enacted statewide bans on smoking in all enclosed workplaces, including all bars and restaurants: Arizona, California, Delaware, Hawaii, Illinois, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nebraska, North Dakota, New Jersey, New York, Ohio, Oregon, Rhode Island, South Dakota, Utah, Vermont, Washington, and Wisconsin . 11 other states have enacted statewide smoking bans but have carved out an exception for certain establishments and workplaces: Colorado, Connecticut, Florida, Idaho, Indiana, Louisiana, Nevada, New Hampshire, New Mexico, North Carolina, and Pennsylvania . </P>

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