How much is the fine for smoking on a plane?

The FAA can fine you up to $4,000 for smoking a cigarette on a commercial flight. Vaping carries fines up to $2,000. If you tamper with a lavatory smoke detector, that's an additional penalty of up to $5,478. These are civil fines — criminal charges can be filed separately.

Can you go to jail for smoking on a plane?

Smoking alone typically results in civil fines, not jail time. However, if you refuse to stop when a crew member tells you to, that becomes interference with a flight crew — a federal crime carrying up to 20 years in prison. Tampering with smoke detectors is also a federal offense that can lead to criminal charges.

Can you vape on a plane?

No. Vaping and e-cigarettes are banned on all commercial flights. The DOT issued a specific rule banning them in 2016. Fines for vaping are up to $2,000. Additionally, e-cigarettes must be carried in your carry-on bag — they're prohibited in checked luggage due to lithium battery fire risk.

Can you use nicotine patches or gum on a plane?

Yes. Nicotine patches, gum, and lozenges are all permitted on flights. They don't produce smoke or vapor, so they don't trigger any safety concerns. They're the recommended way to manage nicotine cravings during a flight.

What Happens If You Get Caught Smoking on a Plane?

Q: Why do airplane bathrooms still have ashtrays if smoking is banned?

The FAA requires them as a safety measure. The logic is that if someone breaks the rules and smokes, it's safer for them to extinguish the cigarette in a metal ashtray than throw it in a trash bin full of paper towels. An aircraft is actually considered not airworthy if a lavatory ashtray is missing.

The Short Answer

Get caught smoking on a plane and you're looking at FAA fines up to $4,000, possible arrest upon landing, potential federal criminal charges, and a likely lifetime ban from the airline. If you tamper with a smoke detector to try to hide it, add another $5,478 in fines and potentially more serious criminal charges. It's not worth it.

Why Smoking on Planes Is Taken So Seriously

This isn't just about annoying other passengers. It's about fire.

An in-flight fire is one of the most dangerous emergencies in aviation. At 35,000 feet, there's nowhere to go. The cabin is a pressurized tube filled with oxygen-rich air, synthetic materials, and jet fuel below. A cigarette dropped in the wrong place — a seat cushion, the lavatory trash bin, a gap in the wall panels — can escalate from smoldering to uncontrollable in minutes.

In 1973, Varig Flight 820 crashed near Paris after a fire started in the rear lavatory, likely from a cigarette. 123 of 134 people on board died. That disaster, along with several others, is exactly why the ban exists and why enforcement is severe.

The Penalties: What You're Actually Facing

FAA Civil Fines

Smoking a cigarette: Up to $4,000 per violation
Vaping/e-cigarettes: Up to $2,000 per violation
Tampering with a smoke detector: Up to $5,478 per violation

These are civil penalties assessed by the FAA. They investigate each incident and determine the fine based on the specifics — whether you cooperated with the crew, whether you tried to hide it, and whether you caused additional disruption.

Federal Criminal Charges

Under 49 U.S.C. § 46301, smoking on an aircraft is a federal offense. While smoking itself might result in civil penalties, the situation can escalate to criminal territory fast:

Tampering with a smoke detector is a separate federal offense (14 CFR § 121.317)
Refusing to stop when told by crew becomes interference with flight crew members, which carries penalties up to 20 years in prison
Causing a diversion can result in additional charges and liability for the cost of the diversion

Arrest Upon Landing

If the crew reports the incident (and they will), law enforcement meets the aircraft at the gate. You'll be detained, questioned, and potentially arrested. This happens on both domestic and international flights — and getting arrested in a foreign country for smoking on a plane adds a whole other layer of legal complications.

Airline Bans

Airlines have zero tolerance for smoking. Expect a permanent ban from the airline. Some airlines share their no-fly lists with partner airlines in their alliance, so a ban from one carrier could effectively ban you from multiple airlines.

What About the Lavatory?

"I'll just sneak into the bathroom" is what everyone who gets caught was thinking. Here's why it doesn't work:

Smoke Detectors Are Everywhere

Every aircraft lavatory is equipped with smoke detectors. They're required by federal law (14 CFR § 121.317), and they're sensitive. They'll detect cigarette smoke, vape clouds, and even excessive use of aerosol products. When triggered, they alert the flight crew immediately.

Tampering Makes It Worse

Those signs in the lavatory that say "Federal law provides for a penalty of up to $2,000 for tampering with the smoke detector installed in this lavatory"? They're not kidding. And the actual maximum penalty has since increased to $5,478.

Covering a smoke detector with a napkin, tissue, or tape is tampering. Disabling it in any way is tampering. This is charged in addition to the smoking violation. So now you're looking at nearly $10,000 in fines before any criminal charges.

Flight Attendants Know

Crew members are trained to detect smoking. They can smell it. They check lavatories regularly. Other passengers report it. You're not going to get away with it.

What About Vaping and E-Cigarettes?

Vaping is banned on all commercial flights, period. The DOT issued a specific rule banning e-cigarettes on flights in 2016, closing what some people thought was a loophole.

Penalties for vaping are generally lower than for traditional cigarettes (around $2,000 vs. $4,000), but the same escalation applies if you refuse crew instructions or tamper with detectors.

There's an additional wrinkle with e-cigarettes: they can't go in checked luggage. The FAA prohibits e-cigarettes and spare lithium batteries in checked bags because of fire risk. If your vape is found in a checked bag during screening, it'll be removed and you may face additional penalties.

Why Planes Still Have Ashtrays

Here's a question passengers always ask: if smoking has been banned for decades, why do airplane lavatories still have ashtrays?

Because the FAA requires them. Seriously.

The logic is practical. Despite the ban, some people will still try to smoke. If they do, the FAA would rather they extinguish the cigarette in a metal ashtray than throw it in the trash bin full of paper towels. The ashtray is a safety feature — a last line of defense against an in-flight fire.

An aircraft is actually not considered airworthy if its lavatory ashtray is missing. Airlines have had flights delayed because of a broken or removed ashtray.

A Brief History of the Ban

Smoking wasn't always banned on flights. Here's how we got here:

1988: Smoking banned on US domestic flights under 2 hours
1990: Ban extended to all domestic flights under 6 hours
2000: Federal law banned smoking on all flights to and from the United States
Today: Smoking is banned on virtually every commercial flight worldwide

The last major airline to allow smoking was a few international carriers that held out until the mid-2000s. Today, no commercial airline permits smoking on any route.

What If the Flight Is Diverted Because of You?

If your smoking (or the resulting confrontation) causes the captain to divert the flight, you're in serious trouble. Beyond the smoking fines and potential criminal charges, you could be held liable for:

Fuel costs for the diversion (thousands of dollars)
Landing fees at the diversion airport
Hotel and rebooking costs for all affected passengers
Crew scheduling disruptions

A single flight diversion can cost an airline $50,000–$200,000 or more. Airlines have pursued civil lawsuits against passengers who caused diversions to recover these costs.

The Bottom Line

Smoking on a plane is a federal offense that will cost you at minimum $4,000 and at maximum your freedom. The smoke detectors will catch you, the crew will report you, and law enforcement will be waiting when you land. If you tamper with the detector, the fines nearly double. If the flight gets diverted, you could owe six figures.

Use a nicotine patch, nicotine gum, or nicotine lozenges. They're all allowed on flights and will get you through without risking your bank account, your criminal record, or your ability to fly in the future.