Can You Smoke on a Private Jet? Operator Rules and Charter Etiquette
Private jets offer significantly more flexibility than commercial aviation, but smoking is one area where the rules are more complex than most travelers expect. The short answer: most Part 135 operators prohibit smoking on their aircraft, and certain substances are prohibited under federal law regardless of the aircraft type or operator policy. Here is what you need to know before you book.
FAA regulations on smoking in private aviation
The FAA regulates smoking on aircraft operating under Title 14 of the Code of Federal Regulations. For Part 135 on-demand charter operations, which cover the operators listed on marketplaces like SkyAccess, the relevant regulation is 14 CFR 135.127. This rule requires operators to inform passengers of smoking policies applicable to the flight.
Critically, FAA regulations do not impose a blanket prohibition on smoking aboard Part 135 charter aircraft. The prohibition on smoking that most people associate with commercial aviation (from the FAA Modernization and Reform Act of 1994) applies specifically to scheduled air carrier operations. Part 135 on-demand operators are governed by their own policies within the broader regulatory framework.
What this means in practice: individual operators decide whether smoking is permitted, and their decision is binding on passengers booking that aircraft.
What most operators actually allow
The default: no smoking
The majority of FAA Part 135 certified operators that list on SkyAccess and other private aviation marketplaces prohibit smoking entirely aboard their aircraft. The reasons are practical:
- Aircraft resale value. Smoke damage is a significant factor in aircraft valuation. A consistently smoke-permitting aircraft commands meaningfully less on the resale market.
- Odor between bookings. Smoke permeates aircraft interiors and is difficult and costly to remediate. Most operators protect against this by establishing a no-smoking baseline policy for all charters.
- Insurance considerations. Some aviation insurance policies have language around smoking-related damage or fire risk that incentivizes operators to prohibit smoking.
- Crew comfort and health. Pilots and flight attendants are legally entitled to a safe working environment, and many operators treat this as sufficient reason for a blanket prohibition.
Operators who permit smoking: how to find them
A minority of operators do permit smoking, typically cigarettes and cigars, on their aircraft. These operators usually require advance notice at the time of booking so they can prepare the aircraft (activating enhanced air filtration, laying protective covers on upholstery) and notify the crew. The aircraft type also matters: older aircraft with lower cabin altitude or weaker air exchange systems may permit smoking where newer aircraft with more sensitive cabin systems do not.
When booking through SkyAccess, specify your smoking preference at the time of inquiry. The operator will confirm their policy before booking confirmation. Do not assume that a lack of an explicit prohibition means smoking is permitted; always confirm in writing before the flight.
Cigars: handled case by case
Cigars are treated more variably than cigarettes. Some operators who prohibit cigarettes will permit cigars under specific conditions (typically on longer flights with specific ventilation requests, or on owner-operated aircraft). The request must be made at booking, not on the day of travel. Cigar smoking on the ramp (outside the aircraft) before departure is generally permitted at most FBOs.
Vaping and e-cigarettes
Electronic cigarettes and vaping devices are handled by individual operator policy, as FAA regulations have not established a specific prohibition equivalent to cigarette regulations for Part 135 operations. Most operators that prohibit combustible smoking also prohibit vaping for consistency and to avoid disputes about what constitutes smoking. If vaping is important to you, confirm this explicitly with the operator at booking.
Marijuana: always prohibited on aircraft
Regardless of operator policy, the laws of the state where the aircraft is registered or departing, or your personal medical status, marijuana in all forms (smoked, vaped, edibles, tinctures, concentrates) is prohibited aboard private aircraft operating in United States airspace.
Marijuana remains a Schedule I controlled substance under the federal Controlled Substances Act. Federal law governs civil aviation through the FAA. State legalization laws have no effect on federal aviation rules. A passenger transporting or consuming marijuana on a Part 135 charter aircraft is committing a federal offense, regardless of whether the operator has a “permissive” policy toward other substances.
This prohibition extends to connecting international flights and to flights operated under non-US registry in US airspace. Operators are required to refuse boarding or service to passengers under the influence of prohibited substances per 14 CFR 91.19 and related operator policies.
Empty legs and smoking: additional considerations
On empty leg flights, the aircraft is operated by the same Part 135 certified operator under the same standards as a full charter. Smoking policies on empty legs are identical to the operator’s standard charter policies. The discounted price does not change the rules.
One practical consideration specific to empty legs: these aircraft are often in continuous service (the empty leg is a repositioning flight before or after another charter booking). An operator who permitted a previous customer to smoke may have an aircraft that does not smell fresh. If you are sensitive to residual smoke odors, mention this at booking; the operator can advise whether the aircraft has recently had a smoking customer or can offer an alternative.
For a full overview of how empty leg flights work, see how do empty leg flights work?
International flights and smoking rules
If your empty leg or charter flight crosses international boundaries, additional regulations apply. European operators holding EASA Air Operator Certificates (AOCs) are subject to EU regulations, which generally prohibit smoking aboard commercial charter aircraft. UK CAA-certificated operators follow similar prohibitions under UK post-Brexit aviation rules.
For flights into international destinations like Mexico, the Caribbean, or the Bahamas, FAA rules apply to the US-registered aircraft throughout the flight. The destination country’s rules apply on the ground. Most international FBOs and private terminals do have designated outdoor smoking areas.
How to confirm an operator’s smoking policy before booking
The most reliable process:
- State your requirement clearly at inquiry stage. “We prefer an aircraft and operator that permits cigarette/cigar smoking in-flight. Is this available?” A clear question gets a clear answer.
- Get confirmation in writing. An operator who verbally agrees to smoking but has it prohibited in their standard terms of service creates an ambiguous situation on the day. Confirm in the booking documentation.
- Ask about ventilation. Better aircraft have stronger cabin air exchange (many modern jets recycle cabin air every two to three minutes). On a smoking-permitted flight, this matters for comfort.
- Tip the crew appropriately. Crew on smoking-permitted flights face an environment most would prefer to avoid. A generous tip acknowledges this.
Frequently asked questions
Can you smoke a cigarette on a private jet?
On most private jets in the United States, no. The majority of Part 135 certified charter operators prohibit smoking aboard their aircraft as a matter of policy. A minority permit it with advance notice. Always confirm the specific operator’s policy before booking. Never assume smoking is permitted if it is not explicitly stated.
Can you smoke a cigar on a private jet?
Some operators permit cigars with advance notice and for specific aircraft types, even when they prohibit cigarettes. The request must be made at booking. Cigar smoking on the ramp before boarding is generally permitted at most private terminals.
Is marijuana legal on a private jet?
No. Marijuana is a Schedule I controlled substance under federal law, which governs all civil aviation in the United States. State legalization laws do not change this. Marijuana is prohibited aboard all US-registered aircraft regardless of operator policy or state of departure.
What happens if you smoke on a private jet without permission?
The pilot in command has authority to take any action necessary for the safety of the flight, including diverting to an alternate airport. Beyond the immediate operational consequences, you would be in breach of your charter contract (typically resulting in forfeiture of your payment and potential liability for aircraft remediation costs) and potentially in violation of federal regulations.
Do empty leg flights allow smoking?
The same operator policies that apply to full charter flights apply to empty legs. The discounted price does not change the operator’s aircraft policies. Confirm smoking policy at time of booking, exactly as you would for a full charter.
Search empty leg flightsBrowse live inventory on SkyAccess and specify your preferences when you inquire. Operators confirm their policies before booking is finalized.
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