Vaping while driving in Maryland is not specifically prohibited for most products, but there are important exceptions and legal nuances. The legality depends on what you are vaping, where you are, and whether your actions violate other traffic or public health laws.
Vaping Nicotine or Non-Cannabis Products While Driving
- No Statewide Ban in Private Vehicles:
Maryland law does not explicitly prohibit vaping nicotine or non-cannabis e-liquids while driving your own private vehicle. The state’s Clean Indoor Air Act, amended in 2024, bans vaping in indoor areas open to the public, public meeting places, public vehicles, and indoor workplaces, but not in private cars. - Local Restrictions Possible:
Some Maryland counties and cities, such as Howard, Montgomery, and Prince George’s, have stricter local ordinances that may ban vaping in additional public spaces, but these do not extend to private vehicles. - Distracted Driving Laws:
If vaping causes you to drive unsafely or distracts you from operating your vehicle, you could be cited under Maryland’s distracted or reckless driving statutes. However, simply vaping while driving is not, by itself, a violation of state law.
Vaping Cannabis While Driving
- Illegal to Vape Cannabis in Vehicles:
Maryland law specifically prohibits drivers from smoking or vaping cannabis in motor vehicles. This is true regardless of whether the car is moving or parked on a public road. - Penalties:
Consuming cannabis in a vehicle is a civil offense and can result in fines. For a first offense, the fine can be up to $50, and subsequent offenses may result in higher penalties. - Applies to Passengers and Drivers:
The prohibition applies to both drivers and passengers in the vehicle.
Vaping in Public Vehicles and Indoor Public Spaces
- Strictly Prohibited:
The Clean Indoor Air Act bans vaping of all tobacco, cannabis, or hemp-derived products in public vehicles (such as buses, trains, taxis) and indoor areas open to the public (such as restaurants, bars, workplaces, and public meeting places).
Summary Table: Vaping and Driving in Maryland
| Scenario | Is It Legal? | Notes |
|---|---|---|
| Vaping nicotine in your own car | Yes | Not explicitly banned, but distracted driving laws still apply |
| Vaping cannabis in your own car | No | Prohibited for both drivers and passengers; subject to fines |
| Vaping in public vehicles | No | Prohibited under Clean Indoor Air Act |
| Vaping in indoor public spaces | No | Prohibited under Clean Indoor Air Act |
Key Takeaways
- Vaping nicotine or non-cannabis products while driving your own car is not illegal under Maryland state law, but be mindful of local ordinances and distracted driving.
- Vaping cannabis while driving or as a passenger in a vehicle is illegal and subject to fines.
- Vaping is strictly prohibited in public vehicles and indoor public spaces, regardless of the substance.
- If your vaping distracts you and causes unsafe driving, you could face additional penalties under traffic laws.
Legal References
- Maryland Clean Indoor Air Act (2024 Amendments).
- Maryland Criminal Law § 5-601, § 5-602, Transportation § 21-903
- Local ordinances in Howard, Montgomery, and Prince George’s Counties
You can legally vape nicotine or non-cannabis products while driving your private vehicle in Maryland, but vaping cannabis in any vehicle is illegal. Vaping in public vehicles or indoor public spaces is also prohibited by state law. Always drive safely and be aware of local regulations that may be more restrictive.
Sources
- https://health.maryland.gov/phpa/OEHFP/EH/pages/clean-indoor-act.aspx
- https://marylandcollaborative.org/highlights-2025-legislation-session-updates/
- https://www.peoples-law.org/recreational-marijuana-cannabis-use-and-possession-maryland
- https://elm.umaryland.edu/announcements/2024/Maryland-Clean-Indoor-Air-Act-Prohibits-Smoking-and-Vaping-.php
- https://en.wikipedia.org/wiki/List_of_vaping_bans_in_the_United_States