Is It Illegal to Vape and Drive in California? Here’s What the Law Says

Posted by James April 16, 2025
Is It Illegal to Vape and Drive in California Here's What the Law Says

Vaping and driving in California is not specifically prohibited by state law for adults using nicotine-based or tobacco e-cigarettes. However, there are important legal nuances and restrictions you should know:

  • No Explicit Ban for Most Adults: California law does not have a statute that outright bans vaping while driving for adults aged 21 and over using nicotine-based vapes.
  • Distraction and Visibility: If vaping distracts you from driving, obstructs your view (for example, with large vapor clouds), or leads to careless driving, you can be cited for distracted or reckless driving. Police may issue a citation if they determine vaping interfered with your ability to drive safely.
  • Vaping Cannabis While Driving: It is illegal to vape cannabis (THC) while driving or to have an open cannabis container in the vehicle. California law treats cannabis consumption in vehicles similarly to alcohol—using cannabis in any form while operating a vehicle is prohibited and can result in DUI charges.
  • Vaping with Minors in the Car: It is illegal to vape (or smoke) in a vehicle with a minor (under 18) present. Violating this law can result in a fine.
  • General Smoking/Vaping Restrictions: Vaping is subject to the same restrictions as smoking in public places, but these do not generally apply to private vehicles unless minors are present.
  • Vaping nicotine-based products while driving is not explicitly illegal for adults, but you can be cited if it distracts you or impairs your driving.
  • Vaping cannabis while driving is strictly illegal and can lead to DUI charges.
  • Vaping in a car with minors is illegal.
  • Always prioritize safety and avoid any activity that could distract you behind the wheel.

Staying informed and using common sense will help you avoid legal trouble while vaping and driving in California.

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Sources

  1. https://www.convenience.org/Media/Daily/2025/February/24/1-California-Proposes-Ban-Disposable-E-Cig_GR
  2. https://kurvana.com/where-can-i-vape-cannabis-in-california-where-can-i-not/
  3. https://www.vuse.com/ca/en/blog/vaping-and-driving-rules
  4. https://davincivaporizer.com/blogs/news/is-it-illegal-to-vape-and-drive
  5. https://ecigator.com/regulation/vaping-laws-in-california/